Good morning. I am an E6 in the Navy and was diagnosed with asthma (exercise induced) about 2 years ago. I was denied forced conversion due to convenience of the navy/manning and since I cannot perform my duties of my current rate with asthma, the adsep process has started. My intentions throughout the entire process 2 years ago up to now were to stay navy, first I tried to get a waiver to remain in rate, then I tried to forced convert. Now, since they are just going to adsep me, I am trying to get the ball rolling for a PEB. I've read the secnavinst 1850.4E and although I am noit fluent in legalese, it seems that at some point through the diagnostic process, they were supposed to do a pulmonary function test after exercise, which has never been done. I am trying to get all of my ducks in a row, so I've scheduled an appointment at my MTF to try to get seen for all of this. Any help on which direction to move in would be great. Thanks for your time
Ad Sep in process for medical reasons
- Thread starter shuvool
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As an update, I had my appointment with my PCM at my MTF this morning, and to sum it up, she said that she believed I was not unfit for full duty and did not want to override a previous doctor's determination of my being fit for full duty when I was disqualified from submarine service. My command has also been pushing the idea that a med board cannot be initiated since I have an ADSEP in process (for not converting my rate and being not medically qualified to stay in my rate), which appears to be contrary to what both the MILPERSMAN and the SECNAVINST 1850.4E say.
If I am correct in reading it, the MILPERSMAN 1910 218 states that an ADSEP takes precedence over a med board if the ADSEP is either for misconduct (or punitive action, neither of which apply to me)
What I read in the SECNAVINST 1850.4E seems to correlate with that, with the following excerpt: d. Non-misconduct/Non-UOTH administrative separations do not supersede or preclude disability separation. Consequently, final closure must occur on all disability processing/appeals prior to finalization of Non-misconduct/Non-UOTH administrative separation by field commanders/service headquarters.
Which leaves me wondering why exactly 2 separate departments in the MTF and my command are all saying the same thing, which is opposite of this. Am I missing something? Do I need to get JAG involved?
If I am correct in reading it, the MILPERSMAN 1910 218 states that an ADSEP takes precedence over a med board if the ADSEP is either for misconduct (or punitive action, neither of which apply to me)
What I read in the SECNAVINST 1850.4E seems to correlate with that, with the following excerpt: d. Non-misconduct/Non-UOTH administrative separations do not supersede or preclude disability separation. Consequently, final closure must occur on all disability processing/appeals prior to finalization of Non-misconduct/Non-UOTH administrative separation by field commanders/service headquarters.
Which leaves me wondering why exactly 2 separate departments in the MTF and my command are all saying the same thing, which is opposite of this. Am I missing something? Do I need to get JAG involved?
I agree with Mike: do the hard stuff. Go to JAG, get IG involved. How high up have you gone in your chain of command? Screw your MTF, find your MEB office in your local NAVHOSP which would handle the LIMDU and things . . . they will have MEB/PEB coordinators. Ask them too. You are not on LIMDU; however, they are the ones who deal with figuring out whether sailors on LIMDU need a PEB due to a possible disability which would make them unfit for duty.
I went through this maze with the Navy too -- luckily they didn't try this crap with me though. I feel for you.
I went through this maze with the Navy too -- luckily they didn't try this crap with me though. I feel for you.
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They should not separate you if you have a condition that significantly impacts your ability to perform your duties (See Article 18-4, Manual of the Medical Department) or is listed in DoD Instruction 1332.38., Enclosure 4.
If they adsep you or do not adjudicate your conditions properly, you may have a claim for wrongful discharge and/or for military disability retirement.
If they adsep you or do not adjudicate your conditions properly, you may have a claim for wrongful discharge and/or for military disability retirement.
For my Chain of Command, I have only gone up to the command admin guy, who is a civilian, but he's the admin guy over all of the military guys here, so his word carries a lot of weight. I went to the MEB office, and they told me (actually named my admin guy) that they had been given a message saying that adsep was taking precedence over any med board, so they were not allowed to start a med board. basically they are saying that because I am pending adsep I cannot be placed on limdu and because I am not on limdu, I cannot have a med board...that's sort of what I gathered from what they said, although it sounded like they were talking in circles
Right. Well, unfortunately the LIMDU logic is right "Not on LIMDU, no LIMDU, no MEB"; however, the ADSEP vs. MEB logic of this process is flawed.
You should have been referred to an MEB -- I mean, I would think at some point you would have had to have been for them (at the Informal level) to find you unfit. At that point, before the ADSEP, they should have sent your MEB to a PEB (back in DC) to rate your disability where they can then choose to rate you or decline to rate you and try to then ADSEP you (is this correct Jason et al.?). My assumption here is that they are simply trying to say that it "EPTS" or "existed prior to service" completely and are starting the ADSEP process based on that; however, no one can say for sure.
Under the DoD Inst that Jason quoted, Enclosure 4, paragraph 1.3 states "Any condition that appears to significantly interfere with performance of duties
appropriate to a service member's, office, grade, rank or rating will be considered for MEB
evaluation." That DoD Inst. applies to all DoD institutions -- meaning the Navy. Here's the link: http://www.dtic.mil/whs/directives/corres/pdf/133238p.pdf
I don't know leagal-ese either but if I were you, I would start talking to JAG as soon as possible. It seems to me that your rights are being violated, shipmate.
You should have been referred to an MEB -- I mean, I would think at some point you would have had to have been for them (at the Informal level) to find you unfit. At that point, before the ADSEP, they should have sent your MEB to a PEB (back in DC) to rate your disability where they can then choose to rate you or decline to rate you and try to then ADSEP you (is this correct Jason et al.?). My assumption here is that they are simply trying to say that it "EPTS" or "existed prior to service" completely and are starting the ADSEP process based on that; however, no one can say for sure.
Under the DoD Inst that Jason quoted, Enclosure 4, paragraph 1.3 states "Any condition that appears to significantly interfere with performance of duties
appropriate to a service member's, office, grade, rank or rating will be considered for MEB
evaluation." That DoD Inst. applies to all DoD institutions -- meaning the Navy. Here's the link: http://www.dtic.mil/whs/directives/corres/pdf/133238p.pdf
I don't know leagal-ese either but if I were you, I would start talking to JAG as soon as possible. It seems to me that your rights are being violated, shipmate.