Can I be Denied the Chance to MedBoard If Facing Admin Sep (Non-Punitive)?

[farnesworth]

Hi there!

I'm an active-duty Air Force officer facing administrative separation due to the revocation of my security clearance (due to foreign relations, not misconduct). However, right before I received verbal notice of this administrative separation, my doctor recommended that I be referred to the Medical Board because she did not believe I was fit for duty (PTSD). From what I researched, I could face a dual separation process.

I'm being seen at a Naval hospital, and since I'm not Navy, my doctor had to partner with an Air Force counterpart from another base for the med board process. So far, my Naval doctor has completed a NARSUM with me and forwarded it to her AF counterpart. It's been about two weeks, and I still have not heard back from the AF Base or a PEBLO. I've been transparent with my leadership, and they are aware that I'm facing a med board.

- My worry/question is that they will not process me for a medboard if AF Base/hospital is tracking that I'm getting admin separated.

Let me know your thoughts/advices.
Thank you

 

[S3Mi]

From my understanding, if you are in the process of being separated, then a MEB cannot be initiated. So, you need to get clarity from your CoC on whether or not they have begun the admin separation. If not, then your MEB should begin.

Once a MEB starts, you will be MEB unless something egregious occurs (murder, SA, beating your spouse, etc).

I don't know your situation in all the detail, but my advice would be to use the Open Door Policy. See if you can find some common ground where they don't initiate anything or flag your until a MEB decision has been made.

You are in a rough spot if they have begun the admin separation already, though.

 

[farnesworth]

From my understanding, if you are in the process of being separated, then a MEB cannot be initiated. So, you need to get clarity from your CoC on whether or not they have begun the admin separation. If not, then your MEB should begin.

Once a MEB starts, you will be MEB unless something egregious occurs (murder, SA, beating your spouse, etc).

I don't know your situation in all the detail, but my advice would be to use the Open Door Policy. See if you can find some common ground where they don't initiate anything or flag your until a MEB decision has been made.

You are in a rough spot if they have begun the admin separation already, though.

Thanks!

 

[Provis]

Thanks!

consider contacting your local congress person. These are the issues where they can have some pull. I wouldn't necessarily do a congressional inquiry but instead let them know your situation. I have personally overheard congressperson's state that they wouldn't allow a Soldier to be medically separated if they had 19 years in. Not the same situation but if you are being kicked out due to not being able to keep a security clearance AND have a condition that is unfit for duty. They should at the very least dual process you. If they can do that then your chances of being medically separated with severance or medical retirement are good as long as you keep your nose clean.

I always recommend hiring a dedicated IDES attorney. I will send you some references. I would reach out to them and have an initial consultation. Get their advice AND consider hiring one of them. Hiring a dedicated private IDES attorney at the very beginning gives you the best chance for the outcome you want. That is because they can help you shape your case with commander's impact statement, gathering additional medical evidence. giving advice on what to do or not do regarding your issue with security clearance etc. It's crazy the difference in comparable cases when someone is just going with the flow verse planning everything out and appealing and fighting at each step to get the best oucome.

 

[farnesworth]

consider contacting your local congress person. These are the issues where they can have some pull. I wouldn't necessarily do a congressional inquiry but instead let them know your situation. I have personally overheard congressperson's state that they wouldn't allow a Soldier to be medically separated if they had 19 years in. Not the same situation but if you are being kicked out due to not being able to keep a security clearance AND have a condition that is unfit for duty. They should at the very least dual process you. If they can do that then your chances of being medically separated with severance or medical retirement are good as long as you keep your nose clean.

I always recommend hiring a dedicated IDES attorney. I will send you some references. I would reach out to them and have an initial consultation. Get their advice AND consider hiring one of them. Hiring a dedicated private IDES attorney at the very beginning gives you the best chance for the outcome you want. That is because they can help you shape your case with commander's impact statement, gathering additional medical evidence. giving advice on what to do or not do regarding your issue with security clearance etc. It's crazy the difference in comparable cases when someone is just going with the flow verse planning everything out and appealing and fighting at each step to get the best oucome.

Thank you so much for this valuable input. I'm definitely considering hiring an attorney to represent me. I actually have already googled and sent a message to Mr. Gately! I'll reach out to the rest of your references. Thank you again! Have a good one!!

 

[SunGOD12]

consider contacting your local congress person. These are the issues where they can have some pull. I wouldn't necessarily do a congressional inquiry but instead let them know your situation. I have personally overheard congressperson's state that they wouldn't allow a Soldier to be medically separated if they had 19 years in. Not the same situation but if you are being kicked out due to not being able to keep a security clearance AND have a condition that is unfit for duty. They should at the very least dual process you. If they can do that then your chances of being medically separated with severance or medical retirement are good as long as you keep your nose clean.

I always recommend hiring a dedicated IDES attorney. I will send you some references. I would reach out to them and have an initial consultation. Get their advice AND consider hiring one of them. Hiring a dedicated private IDES attorney at the very beginning gives you the best chance for the outcome you want. That is because they can help you shape your case with commander's impact statement, gathering additional medical evidence. giving advice on what to do or not do regarding your issue with security clearance etc. It's crazy the difference in comparable cases when someone is just going with the flow verse planning everything out and appealing and fighting at each step to get the best oucome.

I had a private attorney and game plan for my MEB for nearly 10 months. Are private attorneys expensive? Yes. However, the stress they reduced for me alone made it worth it, let alone my VA disability being the best outcome possible. I won’t have to worry about what if I hired a professional to get the best possible outcome from my MEB vs. regret not spending the money, and they extended my time in the service by numerous months by helping me appeal and holding the AF accountable for their mistakes.