3 Fail / LIMDU / PEB?MEB?

alibs

PEB Forum Regular Member
PEB Forum Veteran
Hello all, just need some insight. This Dec will be my 18.5 years active duty Navy. 3 years ago I was on LIMDU for a knee injury from a hyperextension during a fire drill on a ship. No formal investigation done, I just went into medical the next morning when it blew-up. X-rays/ MRI done got a Knee scope. After all was done and 2 PFA fails was told to just suck it up if I wanted to finish 20 yrs. This year (march) my knee gave on me and x-ray/ MRI showed my ligaments are really thinned out and and got a 2nd scope. ( also added Gout, High Blood Pressure, Kidny stone and diverticulitis to my list of defects). I was waived from this years last 2 PFAs but not Body fat. So failed BF is now 3. End of the PFA cycle is this Dec. and I will get pinged on 3 fails over a 4 year period. I was put in the MED process This Nov. and waiting on my commands ( I was moved to a shore command, On LIMDU again) Non-Medical Assesment. Last PFA instruction states gradfatherd in if 18 years was before 1 Jul 11 and with a retirement date approved. My 18 year mark was 28 Jun 2011, no approved retirement yet ( I can't put in till my 18 mo out date, this Dec, and can't put in now due to MEB) Is there a chance my command will wait for my MEB/PEB. And if thay do, can I drag it out longer to finish 20, and when I pass the next PRT ( doing the Bike ) will the Navy still have reason to ADSEP me if the outcome of my MEB is fit?
 

tracy2014

PEB Forum Regular Member
PEB Forum Veteran
Hello all, just need some insight. This Dec will be my 18.5 years active duty Navy. 3 years ago I was on LIMDU for a knee injury from a hyperextension during a fire drill on a ship. No formal investigation done, I just went into medical the next morning when it blew-up. X-rays/ MRI done got a Knee scope. After all was done and 2 PFA fails was told to just suck it up if I wanted to finish 20 yrs. This year (march) my knee gave on me and x-ray/ MRI showed my ligaments are really thinned out and and got a 2nd scope. ( also added Gout, High Blood Pressure, Kidny stone and diverticulitis to my list of defects). I was waived from this years last 2 PFAs but not Body fat. So failed BF is now 3. End of the PFA cycle is this Dec. and I will get pinged on 3 fails over a 4 year period. I was put in the MED process This Nov. and waiting on my commands ( I was moved to a shore command, On LIMDU again) Non-Medical Assesment. Last PFA instruction states gradfatherd in if 18 years was before 1 Jul 11 and with a retirement date approved. My 18 year mark was 28 Jun 2011, no approved retirement yet ( I can't put in till my 18 mo out date, this Dec, and can't put in now due to MEB) Is there a chance my command will wait for my MEB/PEB. And if thay do, can I drag it out longer to finish 20, and when I pass the next PRT ( doing the Bike ) will the Navy still have reason to ADSEP me if the outcome of my MEB is fit?
My husband was at 17 1/2 years with the Navy when we got sep orders but I honestly think that our command could have shuffled paper work to slow things down for him to hit 18. Still do not think it would matter though. Right now the Navy is itching to get anyone and everyone OUT so they don't have to pay retirements and disability. The Navy is doing this to tons of people...even giving sailors a crappy MEB, finding them FIT to continue on Active Duty so then they can turn around and separate you for PFT Failures. Sorry your having to go through it now. Document everything and get a lawyer...one NOT on your base.
 

Nate47

PEB Forum Regular Member
PEB Forum Veteran
Alibs,

With your 3 PFA failures, limited duty is NOT an option for you. Recommend you put in for Fleet Reserve now. Questions/concerns, contact PERS-82 at 901-874-3230.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
Nate,

Can you cite a reference for this?:
With your 3 PFA failures, limited duty is NOT an option for you.
I looked over the MANMED and OPNAVINST 6110.1J and did not see anything like this.

If the Navy is taking this position, it would seem to clearly conflict with both 10 USC Chap. 61 and DoDI 1332.38.

Alibs,

If you did put in for Fleet Reserve, it would severely limit your options to challenge what the Navy may do to you. This would be a voluntary separation and would essentially mean you will lose the right to challenge any unlawful separation (at least that's what the government normally argues in these types of cases). That aside, if you are already referred to MEB/PEB, you would not be eligible for transfer to Fleet Reserve at this point under MILPERSMAN 1830-040.

As for your questions:

Is there a chance my command will wait for my MEB/PEB.
PEB processing takes precedence over any non-misconduct separations. So, if they follow the law, they will have to retain you until the final decision of SECNAV (essentially by designation by CORB).


And if thay do, can I drag it out longer to finish 20, and when I pass the next PRT ( doing the Bike ) will the Navy still have reason to ADSEP me if the outcome of my MEB is fit?
The timing is hard to predict. Your instinct is right, though, to make it to 20. Hopefully, it takes a long time to get your MEB and PEB done. I would take the maximum time at each step of the process.

As for if you do later pass the PRT, I would argue that you are then in compliance with naval standards, so I don't see the basis for separation at that point. Though, the Navy seems to have a spotty track record with how it administers ADSEP.
 

alibs

PEB Forum Regular Member
PEB Forum Veteran
Thank you Jason, Nate and Tracy with your inputs. As to date, I have not put in for retirement. As far as I know I can not if I'm in the MEB proces. BUT at what point in the process?? I finished all my VA apts. this DEC and was told by the VA it would take about 3 months for there % findings back to the Navy. My Command knows about my MEB but not said anything to me about my PFA except put me in MANDO PT ( but I am waived, I just muster ). I just seen TERA/15 Year retirement might be comming back, hope that is an option for me.
Have a Happy New Year.
 

alibs

PEB Forum Regular Member
PEB Forum Veteran
Up-date.
After 19 years 1 month and 11 days of active service, I will separated, unfit by PEB
10% DOD for Synovitis, Torn Meniscuc, and Chondromalacia
other stuff
40% Gout
0% Hypertension
0% Colonic Diverticulosis
0% Nonobstructive Renal Calculus
0% Scares
Awaigting rateing for: Sleep Apnea w/ CPAP and Kidney stones

I tryed to stay in as long as I can, I have bin just dealing the the pain for over 4 years till my doc put me in MEB. I have accepted the PEB findings, (I have no other evidence to re-but) now just planning for the next step in life.

Just a few questions I have floating in my head that I think I have found the right answers reading forum. Pls. correct me if I am wrong.
1. How long will Tricare be aval? 60 days using an off base hospital
2. How long to use my HHG move? 6 months to place of enlistment or closer
3. Do I pay-back REDUX No, is waivable
4. Can I get back $ that 28% that was taken out my sev? Yes, must apply with DFAS/IRS
5. SSDI or unemployment? Im going with SSDI (I can start applying now even still on active duty)

Thanks to Jason and all of you for this wonderfull website.
 
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