Can my COs recommendatioon during MMRB hurt me?

D

drew83

PEB Forum Regular Member
I just had a thought. Throughout this whole process, I have been wanting to continue in service, and was really hoping for that outcome, however, my MMRB was done last week and they recommended an MEB. Some have said that the MEB does not mean that you are going to be boarded out, but for me I believe it does, as the reg. states that if you have been through an MMRB, the only outcome of an MEB can be to recommend a PEB. Anyways, moving on to the question, my CO wrote a glowing recommendation letter for my MMRB, stating:

'..he has performed in an exceptional and professional manner. His duty performance has never been compromised due to his current medical condition. There is no doubt in my mind that [redacted] can continue to physically perform as a soldier in the United States Army. However, I must recommend reclassification to an alternate MOS.'


Would the itallicized part have any ill effects on my disability rating?


Thanks,
drew
 
Drew,

I think you are jumping ahead of the process. Going to an MEB does not mean that you will be found unfit at the PEB.

Your CO's letter has me shaking my head. If your duty performance has never been compromised, well, that is almost the definition of fit to perform the duties of your current grade and MOS. I think he was trying to help you, but the two statements are mutually exclusive.

The letter will only impact a fit or unfit finding. If unfit, it will not impact your percentage rating. However, given the above concerns with the letter, I think the PEB will likely give little weight to the Commander's input. The other evidence in your file will be of more importance, especially profile, and NARSUM comments on your limitations.
 
Jason,

While researching, I read in a reg, which for the life of me I cannot remember at the moment, but will post when I do, that said if a soldier has already been through an MMRB, the only recommendation the MEB can make is for a PEB. Do you know of anything like that?

I've really been shaking my head as to why the MMRB did not recommend a reclassification, while I cannot perform my PMOS, I can still perform my duties as a soldier, and have obviously, given the COs recommendation, been able to perform in my current capacity in the WTU. I think that the decision of the board is the result of a personal conflict with a board member, though, given the persons position, I'm really not sure how to approach the situation. I wrote a letter of appeal to the board, but am unsure how to approach the perceived bias.


drew
 
Drew,

I do not beleive that is correct, but please post if you find a regulation that states differently. AR 40-400, Patient Administration, Chapter 7, contains the rules regarding MEBs. Here is the relevant portion:

"7–21. Referrals

a. Soldiers in the following categories will be referred to a PEB:

(1) Regular and RC members with LD disabilities who fail to meet retention standards as outlined in AR 40-501,
chapter 3. This includes those who apply for continuance on AD under AR 635-40. AR 635-40 contains instructions
for commanders on the referral of persons to the PEB. RC members who do not meet medical retention standards for a
condition incurred or aggravated while performing duty of 30 days or less or those pending separation for medical
disqualification for nonduty related conditions that request a fitness determination by a PEB. (Also see National Guard
regulation (NGR) 40-400 and AR 135-381.)
(2) All members on the TDRL following their periodic medical examination.
b. The Deputy Chief of Staff for Personnel (DCSPER), on advice of TSG, DA, may direct referral of a case to a PEB for adjudication."​

I am unclear if you know this, but referral to a PEB does not mean you will be found unfit. They will make their own independent determination about your fitness.​

In order to support a fit finding, you want to gather all evidence regarding your succesful duty performance. If you have taken and passed an APFT, that will help greatly if you have physical conditions. NCOERs, monthly counsellings, succesful recent deployments, military schooling (documented on DA 1059), and statements from supervisors can all help.​
 
I cannot for the life of me remember where I found it, I've read so many regs lately. I believe it was somewhere in 600-60, but I can't be sure. As soon as I find it again, I will let you know. Thank you for the help!




drew
 
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