AR 635-40 and non-deployability

60driver

PEB Forum Regular Member
Registered Member
Does the following excerpt from AR 635-40 mean what I think it means? I take it to mean that if the only reason my IPEB found me unfit was my inability to deploy to an austere environment, then they are outside of the regulation's intent.

“Although the ability of a Soldier to reasonably perform his or her duties in all geographic locations under all conceivable circumstances is a key to maintaining an effective and fit force, this criterion (world-wide deployability) will not serve as the sole basis for a finding of unfitness.”


- AR 635-40, 3-1d Deciding the Soldier’s unfitness to perform duties

My IPEB's only reason for finding me not fit for duty was: "Soldier is unfit because this condition prevents him from performing DA Form 3349, Physical profile, block 5 functional activity 5j, live in an austere environment without worsening the medical condition."

I personally see a disconnect between the regulation and the outcome of the IPEB. Am I wrong?
 
The statement in Block 5 (5j) does not necessarily pertain to deployment. There are many circumstances in which a service member would be subjected to living in an austere environment without deploying.

This does not mean that you cannot request the FPEB to find you fit for duty.
 
Thanks for the input. I have addressed my concern in my appeal to the IPEB's findings and will bring it up again at the FPEB if it goes that far. As an O-4, Force Manager, there are very few (if any) situations where I will be expected to live in an austere environment, unless deployed. There are no authorized positions for my AOC in any echelon below Division; so no expectation of NTC/JRTC rotations, field problems, etc.. But, for some reason, the IPEB chose to gloss over that aspect of my case.
 
@60driver, I hope that one is a slam dunk. Sounds like a solid argument too w/no personal feelings about how you feel about the decision. It's just black and white and appears to contradict the regulation.
Let us know what happens and best of luck!
 
Its funny, my state IG has crohns as do I... she got a formal PEB with a determination of fit for duty WITH THAT LIMITATION... I get illegally booted without a formal PEB even though my condition began and was treated on active duty. Give them hell! I even submitted that I could continue to do my MOS with my profile limitations and passed a damn APFT with crohns... the IG... last APFT was 2010!
 
The FPEB found me fit for duty, given the requirements of my MOS (Force Management), even though I am non-deployable due to my medication.
 
Its funny, my state IG has crohns as do I... she got a formal PEB with a determination of fit for duty WITH THAT LIMITATION... I get illegally booted without a formal PEB even though my condition began and was treated on active duty. Give them hell! I even submitted that I could continue to do my MOS with my profile limitations and passed a damn APFT with crohns... the IG... last APFT was 2010!

I'm sorry that happened to you. The process seems really arbitrary.
 
They never legally put me through the process. They did everything as shady and illegal as humanly possible with my case and many other guardsmen as well. The federal claims court and ABCMR said I should have an approved LOD for my 2 surgeries which were denied. If they were approved I would actually have a duty related PEB. We will see what happens in the next couple of months.
 
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