Appeal Avenues

Jay W

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What appeal avenues are available if someone wants to stay in the Air Force but has been found unfit and was given VA ratings, etc. Do they have a method to appeal just for staying in? I'm asking for one of my E-6's that has been in for 14.5 years. She can do her job but they still MEB'd her.
 

TIFFANYYOR23

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I believe she can request a Formal PEB. She didn't accept the PEB decision did she?
 

denmom117

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Formal board, then appeal to SAFPC and finally apply for LAS (Limited Assignment Station) to AFPC, by then she should be over 15 years TIS (that's a requirement to apply for LAS).
 

Jay W

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I thought a SAFPC and Formal Board appeal was only to get a change in ratings, not to be returned entirely? Also, I thought LAS required 18 years of service and not 15? This is what I was briefed by a PEBLO, is the PEBLO wrong?
 

denmom117

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Also the FPEB can't change ratings, all they can do in terms of ratings is potentially move disabilities that are not listed as unfitting to unfitting. They can also recommend return to duty.
 

denmom117

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Sorry for all of the posts, also recommend the member reach out to the OAC (Office of Airmen's Counsel). They'll be assigned an attorney that can offer legal guidance throughout this process.
 

Jay W

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No problem at all on the multiple posts. This is more information than she has received. She will be glad to hear that the FPEB and the SECAF appeal can both result in a return to duty finding!
 

denmom117

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Make sure she gets that point across to her legal counsel, they'll be able to help her prepare everything she needs to bring/say at the FPEB. If it goes to SAFPC her counsel will also be able to assist preparing the paperwork required. The LAS from my understanding is submitted through the PEBLO, I haven't reached the step personally (I'm one away) but that's what my PEBLO told me.
 

casey3117

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No problem at all on the multiple posts. This is more information than she has received. She will be glad to hear that the FPEB and the SECAF appeal can both result in a return to duty finding!
I was found unfit by the informal board and requested a formal board to appeal for a return to duty. My PEBLO tried telling me that I couldn't request a formal board unless I had "new medical evidence" to present them that wasn't already in my records. That is false! Every day she does her job without a problem is proof that she can do her job! So don't let them try telling her that. Definitely get in touch with the Office of Airman's Counsel down at Randolph because they will be the one's representing her during the formal hearing and give her advice as to what to do to prepare. I was told it was highly unlikely that I would be returned to duty, even by my lawyer, but after my formal board I was returned to duty, so you never know. If they wouldn't have returned me to duty I would have then appealed to the SECAF, but luckily for me it didn't get that far. Good luck!
 

Fran0609

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@denmom117 I know this is an older post, but it really took a year between the time of the Formal board and when you heard back from SAFPC? That kind of gives me hope.. I have been in for 18 years, and I have Just need to make it til End of August 2018 if I'm able to take Terminal leave with a retirement as of 1Nov 2018. I haven't been officially notified of my unfit, by the PEBLO, but I have gotten the word from the VA. Ive already been in touch with Office of Airman's Counsel, and the attorney that put me on his books is booked for Formals all the way out til Feb of 2017. So that buys me more time too. Ugh.. this is all so stressful!!
 

denmom117

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@denmom117 I know this is an older post, but it really took a year between the time of the Formal board and when you heard back from SAFPC? That kind of gives me hope.. I have been in for 18 years, and I have Just need to make it til End of August 2018 if I'm able to take Terminal leave with a retirement as of 1Nov 2018. I haven't been officially notified of my unfit, by the PEBLO, but I have gotten the word from the VA. Ive already been in touch with Office of Airman's Counsel, and the attorney that put me on his books is booked for Formals all the way out til Feb of 2017. So that buys me more time too. Ugh.. this is all so stressful!!
Yes it took just over 13 months from when my appeal was sent to SAFPC by my OAC lawyer to when I received their findings.

Knowing that your formal board won't be for at least 3 months is a good thing. Make sure you take all of the time allotted to you at each step. My lawyer, PEBLO and I made sure nothing was turned in until the last day possible at each step.

I'm sorry you're having to go through all of this stress, I can relate. Just stay focused on what your goal is.
 

Fran0609

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@denmom117 Lets just hope I can stretch this out for the time needed. That's still a lot of time. How much time do they give you for terminal leave? Are there any other tricks to stretch things out besides signing all the docs on the last day? Any other small things I can do in between to buy more time? I'm hoping that this notification doesn't come down that soon. Its about to be Thanksgiving week next week, and then Christmas so, hopefully they remain backed up. The slower that goes, the longer I can take to get a formal board date.

Do you know how they do formal dates by the way?
 

denmom117

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Soon after I filled out the paperwork saying I disagreed with the informal board results and was requesting a formal board my PEBLO called me with my formal board date. I received my informal results on 10 Oct 14 and was in front of the formal board on 21 Nov 14, which was a Friday. I received the results on Monday 24 Nov 14 and had to submit my appeal to SAFPC no later than 4 Dec 14.

No other tricks to this system. I will say to use this time to your advantage. Attend TAPS now so you can start figuring things out, there is a chance (you hope) you'll have to take it again before you get out. I ended up taking it twice because it 'expires' after a year. Also gather any additional medical information you may need if you go the route of a VARR. This could be new tests, doctors notes, or any information it seems the previous 'stops' (i.e. the informal board, formal board, etc.) seemed to miss or disregard. I submitted medical records to the VARR that had already been submitted at the very beginning but somehow no one looked these specific ones over.
 

Montej23

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Where do I go now with the appeal after the disposition has been sent past the formal board? I still don't agree and the VA Miss radiculopathy before I have my formal board and her my lawyers guidance we focused and on another issue to try to get that added on to be medically retired yet they disagreed and now they have just added radiculopathy right before it goes to be adjudicated so what can I do does anybody know
 
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