I am a AF Reservist I have been in for 10yrs but was in IRR for 3 yrs. I came on orders in 2007 I got ill after all the treatments and procedures I was then dignoised with Major Depression the LOD for that came back EPTS which I am tring to appeal the unit is saying that I already had it looked at a second time cause when it first came back I pointed out that they had put down that I was on orders for only one day and I askked them to fix it to show I had been on orders for over 2 yrs.so they changed the dates and added the missing orders I have went and got new evidence and added it and sent it up for a appeal not sure they will lookk at it again since they are saying i already had a reinvestagation. There is nothing in my medical record about depression so how can they say EPTS I am very confussied. In the mean while I am still under going physical therapy for my shoulder ( the lod for shoulder said in the line of duty) The active duty clinic said I was no longer code 37 cause my shoulder injury and pain meds will not stop me from doing my job even though I do not have range of motion,and the unit Doc says I am none deployabled because of the pain meds I am on and that I need to see a pain specialist. My unit removed me from orders and then put me back on code 37 and have started a WWD on me I asked why I was not being able to finish treatment for my shoulder and was told I could go to the VA I also asked why they were not doing a MEB for my in the line of duty issues and got no answer, I know the reg says I should not have been taken off orders but they do not care and they have asked me to sign a WWD briefing I told them that I could not sign until I seek some advise can someone give me some help on what I can do.
Can some one help me
- Thread starter why777
- Start date
I am also an Air Force Reservist and just want to let you know I am sure one of the moderators or Jason will give you an answer soon. I have gone through numerous issues myself and have some knowledge but would rather let them take a shot at it first. If you don't hear from them soon I will answer you ok.---I just want to make sure you know there are others out there that care.
WOW!!--The more I see issues like these pop up THE MADDER I GET!!---You will find others on this site that feel the same way believe me.
FIRST THING: Take a deeeeeeep breath, relax, and prepare to Read, Learn, and Write about issues and to people you normally would not need to. The DES (Disability Evaluation System---in which you should be involved with) is undergoing changes, hopefully for the better. Then of course we have to rely (and pray) those that actually apply the changes know what they are doing. In fact, I have come to learn this is one of the major problems---people in places of actual authority that do not truly understand the regulations and actual Laws.
Since in your case there is DEPRESSION involved (as is in my own case) I know it will not be an easy road, but hang in there, be strong in your convictions, and get legal assistance if necessary. Afterall, you are in the 'right.' ---I am assuming this without knowing all the facts because I know how the system has worked for me and others, and 99% of the time it is something improper from the military/goverment side.
FIRST AND FOREMOST: YOU SHOULD BE PLACED ON ACTIVE DUTY ORDERS (MEDCON OR OTHER) AND UNDERGO A FULL MEB!!--You personally cannot request this but you can speak with your acitve duty PCM and "badger" him/her until they request it (or your Commander, though I believe it is better through the PCM). I had to convince my own PCM after many visits to finally request one. They can be reluctant and sometimes downright mule-headed about this but it's usually because they don't truly understand how the DES---the first step being the MEB---actually works. Though it's a no-brainer I am still awaiting the LOD before the MEB goes through, which my Reserve medical ART prepared----though I just found out this week it had been sitting on the Commander's desk for a month!!--As you can see another part of the problem is that ONLY YOU truly cares about paperwork and everything involved---so be proactive and stay on top of everything; DON'T MAKE ASSUMPTIONS THEY ARE DOING THEIR WORK when it comes to your case.
DO NOT LET THEM PUSH YOU OFF TO THE VA!!!!!----I REPEAT: DO NOT LET THEM PUSH YOU OFF TO THE VA!!!---You can deal with the VA in due course. But for now if you were on active duty orders for more than 30 days and diagnosed with an illness or injury YOU SHOULD UNDERGO A FULL MEB (THE DES). AND REMEMBER, THE MEB's ONLY DUTY IS TO DETERMINE IF YOU 'VIOLATE' ANY RETENTION STANDARDS, NOT TO DETERMINE YOUR FITNESS. THAT IS THE RESPONSIBILITY OF THE PEB.
REMEMBER, YOU SHOULD NOT BE TAKEN OFF ACTIVE DUTY ORDERS!!!--Here's what they did with me: The Active Duty side sent me through what is called a FAST-TRACK "MEB." Basically I never knew what was going on, they just said report for this. I had no knowledge of MEBs, PEBs, or the DES I was going through. They returned me to duty on a Thursday, and on Friday I was told my active duty orders terminated on Monday----though I had already been approved for another year of orders!!--I fought this by writing to not only my medical ART but my Commander and Wing Commander. I wrote a letter (which Mac from this site had given me and which I can forward to you) stating the violations being committed. My Commander and Wing Commander agreed and managed to keep me on orders until situation resolved, though I was to report to my Reserve squadron and not the active duty side I was working for. As you can imagine this was welcome since I had been on orders 4 years and it was my primary source of income now. THEY CANNOT JUST DROP YOU, WISH YOU LUCK, AND PASS YOU OFF!!--But they do to many, usually successfully if the person is not aware of their rights under Law.
Ok, so what should you do:
1. DO NOT ASK RESERVE OFFICE FOR A MEB---ASK YOUR ACTIVE DUTY PCM. IF YOU WERE ON ACTIVE DUTY ORDERS YOU SHOULD HAVE AN ACTIVE DUTY PCM (DOCTOR).
2. IF THEY TOOK YOU OFF ORDERS TELL THEM TO IMMEDIATELY PUT YOU BACK UNTIL YOU GO THROUGH PROPER DES PROCESS. WRITE THE LETTERS I SEND TO YOU AND IF THIS DOES NOT WORK WRITE TO YOUR CONGRESSMAN AND SENATOR TO BEGIN A CONGRESSIONAL INQUIRY. It is not as intimidating as you may think, in fact it's quite easy. All I did was go to my senator's website and send in request/complaint, as well as actually visiting my congressman's office to fill out a form of Inquiry---EASY. After you do this THE FIREWORKS COME!!--It happens quickly too. If your senator and congressman are worth their salt then things get rolling fast. Their offices contact both Wing and squadron commanders and they have to immediately drop everything and answer the issues at hand.
3. DO NOT SIGN ANY PARTICIPATION WAIVER!!Or let them give you one. They tried to do this with me--just give it to me---as if I requested (which I did not)--but it must be requested by member and signed.
4. READ AND LEARN FROM THIS SITE!!
5. I WOULD NOT BOTHER WITH THE AIR FORCE IG OFFICE. Here's my story with them: I initially began a complaint through their office. First they are slow in replying, especially when time is of the essence in cases such as ours. Next, they basically serve 2 "masters"---in other words, they serve the Air Force primarily. I truly don't understand this because lawyers (who I thought were the ones I was dealing with) are advocates and it seems impossible to truly advocate one position if you work for 2. Anyway, I had discussions with some officer from the IG office during 3 months and after all this time he eventually said I should probably get a lawyer--which HE WAS NOT!!--Yes, after months of thinking I was speaking and getting advice from this person it turns out he was not a lawyer!!--The IG office just never believed I would continue my fight this far!--Anyway, don't waste your time with these people.
I realize this is rather a lengthy letter and I am not the most knowlegeable when it comes to these issues but I am here to help in any way I can. I will keep tabs on this post and if there is a conflict between what I advise and others I will either defer to the moderator or Jason (site's founder, and attorney), or correct/add in subsequent letters.
Also, please let me know what your eventual goal is so I can give more practical advise. I have to go now but will read daily. Hope I've helped a little. GOOD LUCK!
FIRST THING: Take a deeeeeeep breath, relax, and prepare to Read, Learn, and Write about issues and to people you normally would not need to. The DES (Disability Evaluation System---in which you should be involved with) is undergoing changes, hopefully for the better. Then of course we have to rely (and pray) those that actually apply the changes know what they are doing. In fact, I have come to learn this is one of the major problems---people in places of actual authority that do not truly understand the regulations and actual Laws.
Since in your case there is DEPRESSION involved (as is in my own case) I know it will not be an easy road, but hang in there, be strong in your convictions, and get legal assistance if necessary. Afterall, you are in the 'right.' ---I am assuming this without knowing all the facts because I know how the system has worked for me and others, and 99% of the time it is something improper from the military/goverment side.
FIRST AND FOREMOST: YOU SHOULD BE PLACED ON ACTIVE DUTY ORDERS (MEDCON OR OTHER) AND UNDERGO A FULL MEB!!--You personally cannot request this but you can speak with your acitve duty PCM and "badger" him/her until they request it (or your Commander, though I believe it is better through the PCM). I had to convince my own PCM after many visits to finally request one. They can be reluctant and sometimes downright mule-headed about this but it's usually because they don't truly understand how the DES---the first step being the MEB---actually works. Though it's a no-brainer I am still awaiting the LOD before the MEB goes through, which my Reserve medical ART prepared----though I just found out this week it had been sitting on the Commander's desk for a month!!--As you can see another part of the problem is that ONLY YOU truly cares about paperwork and everything involved---so be proactive and stay on top of everything; DON'T MAKE ASSUMPTIONS THEY ARE DOING THEIR WORK when it comes to your case.
DO NOT LET THEM PUSH YOU OFF TO THE VA!!!!!----I REPEAT: DO NOT LET THEM PUSH YOU OFF TO THE VA!!!---You can deal with the VA in due course. But for now if you were on active duty orders for more than 30 days and diagnosed with an illness or injury YOU SHOULD UNDERGO A FULL MEB (THE DES). AND REMEMBER, THE MEB's ONLY DUTY IS TO DETERMINE IF YOU 'VIOLATE' ANY RETENTION STANDARDS, NOT TO DETERMINE YOUR FITNESS. THAT IS THE RESPONSIBILITY OF THE PEB.
REMEMBER, YOU SHOULD NOT BE TAKEN OFF ACTIVE DUTY ORDERS!!!--Here's what they did with me: The Active Duty side sent me through what is called a FAST-TRACK "MEB." Basically I never knew what was going on, they just said report for this. I had no knowledge of MEBs, PEBs, or the DES I was going through. They returned me to duty on a Thursday, and on Friday I was told my active duty orders terminated on Monday----though I had already been approved for another year of orders!!--I fought this by writing to not only my medical ART but my Commander and Wing Commander. I wrote a letter (which Mac from this site had given me and which I can forward to you) stating the violations being committed. My Commander and Wing Commander agreed and managed to keep me on orders until situation resolved, though I was to report to my Reserve squadron and not the active duty side I was working for. As you can imagine this was welcome since I had been on orders 4 years and it was my primary source of income now. THEY CANNOT JUST DROP YOU, WISH YOU LUCK, AND PASS YOU OFF!!--But they do to many, usually successfully if the person is not aware of their rights under Law.
Ok, so what should you do:
1. DO NOT ASK RESERVE OFFICE FOR A MEB---ASK YOUR ACTIVE DUTY PCM. IF YOU WERE ON ACTIVE DUTY ORDERS YOU SHOULD HAVE AN ACTIVE DUTY PCM (DOCTOR).
2. IF THEY TOOK YOU OFF ORDERS TELL THEM TO IMMEDIATELY PUT YOU BACK UNTIL YOU GO THROUGH PROPER DES PROCESS. WRITE THE LETTERS I SEND TO YOU AND IF THIS DOES NOT WORK WRITE TO YOUR CONGRESSMAN AND SENATOR TO BEGIN A CONGRESSIONAL INQUIRY. It is not as intimidating as you may think, in fact it's quite easy. All I did was go to my senator's website and send in request/complaint, as well as actually visiting my congressman's office to fill out a form of Inquiry---EASY. After you do this THE FIREWORKS COME!!--It happens quickly too. If your senator and congressman are worth their salt then things get rolling fast. Their offices contact both Wing and squadron commanders and they have to immediately drop everything and answer the issues at hand.
3. DO NOT SIGN ANY PARTICIPATION WAIVER!!Or let them give you one. They tried to do this with me--just give it to me---as if I requested (which I did not)--but it must be requested by member and signed.
4. READ AND LEARN FROM THIS SITE!!
5. I WOULD NOT BOTHER WITH THE AIR FORCE IG OFFICE. Here's my story with them: I initially began a complaint through their office. First they are slow in replying, especially when time is of the essence in cases such as ours. Next, they basically serve 2 "masters"---in other words, they serve the Air Force primarily. I truly don't understand this because lawyers (who I thought were the ones I was dealing with) are advocates and it seems impossible to truly advocate one position if you work for 2. Anyway, I had discussions with some officer from the IG office during 3 months and after all this time he eventually said I should probably get a lawyer--which HE WAS NOT!!--Yes, after months of thinking I was speaking and getting advice from this person it turns out he was not a lawyer!!--The IG office just never believed I would continue my fight this far!--Anyway, don't waste your time with these people.
I realize this is rather a lengthy letter and I am not the most knowlegeable when it comes to these issues but I am here to help in any way I can. I will keep tabs on this post and if there is a conflict between what I advise and others I will either defer to the moderator or Jason (site's founder, and attorney), or correct/add in subsequent letters.
Also, please let me know what your eventual goal is so I can give more practical advise. I have to go now but will read daily. Hope I've helped a little. GOOD LUCK!
The standard for overcoming the presumption of fitness and aggravation is "clear and unmistakable evidence". This is law and is implemented by the 14 Oct 2008 DTM which modifies DoDI 1332.38. You can find the DTM and DoDI 1332.38 here:
https://www.hrc.army.mil/site/Active/TAGD/Pda/policy_refs_Updated_062207.htm
Below is the relevant section from the DTM.
Mike
• Revise E3.P4.5.2.3 (DoDI 1332.38, “Physical Disability Evaluation,” November 14, 1996,
as amended by the Directive-Type Memorandum (DTM) on Implementing Disability-Related
Provisions of the National Defense Authorization Act of 2008 (Pub L. 110-181), dated March
13, 2008):
E3.P4.5.2. Presumption for Members on Active Duty for More than 30 days. The
presumptions listed in E3.P4.5.2.1., through E3.P4.5.2.3., below apply to members on orders to
active duty of more than 30 days, for purposes of determining whether an impairment was
incurred or aggravated while a member was entitled to basic pay.
E3.P4.5.2.2. After Entry
E3.P4.5.2.2.1. Presumption of Sound Condition for members ordered on active
duty for more than thirty days. This presumption applies in all cases in which a member,
on active duty for more than 30 days is found to have a disability and the disability was not
noted at the time of the member’s entrance on active duty. This presumption is overcome
if clear and unmistakable evidence demonstrates that the disability existed before the
Service member’s entrance on active duty and was not aggravated by military service.
Absent such clear and unmistakable evidence, the PEB will conclude that the disability was
incurred or aggravated during military service.
E3.P4.5.2.2.2. Hereditary and/or Genetic Diseases. Any hereditary or genetic
disease shall be evaluated to determine whether clear and unmistakable evidence
demonstrates that the disability existed before the Service member’s entrance on active
duty and was not aggravated by military service. However, even if the conclusion is that
the disability was incurred prior to entry on active duty, any aggravation of that disease,
incurred while the member is entitled to basic pay, beyond that determined to be due to
natural progression shall be determined to be service aggravated. To overcome the
presumption of sound condition, factual evidence based upon well-established medical
principles as distinguished from personal medical opinion alone must be presented to rebut
the presumption. The quality of evidence is usually more important than quantity. All
relevant evidence must be weighed in relation to all known facts and circumstances relating
to the condition. Findings will be made on the basis of objective evidence in the record as
distinguished from personal opinion, speculation, or conjecture. When the evidence is not
clear concerning whether the condition existed prior to service or if the evidence is
equivocal, the presumption will not be deemed to have been rebutted and the member's
condition will be found to have been incurred in or aggravated by military service.
https://www.hrc.army.mil/site/Active/TAGD/Pda/policy_refs_Updated_062207.htm
Below is the relevant section from the DTM.
Mike
• Revise E3.P4.5.2.3 (DoDI 1332.38, “Physical Disability Evaluation,” November 14, 1996,
as amended by the Directive-Type Memorandum (DTM) on Implementing Disability-Related
Provisions of the National Defense Authorization Act of 2008 (Pub L. 110-181), dated March
13, 2008):
E3.P4.5.2. Presumption for Members on Active Duty for More than 30 days. The
presumptions listed in E3.P4.5.2.1., through E3.P4.5.2.3., below apply to members on orders to
active duty of more than 30 days, for purposes of determining whether an impairment was
incurred or aggravated while a member was entitled to basic pay.
E3.P4.5.2.2. After Entry
E3.P4.5.2.2.1. Presumption of Sound Condition for members ordered on active
duty for more than thirty days. This presumption applies in all cases in which a member,
on active duty for more than 30 days is found to have a disability and the disability was not
noted at the time of the member’s entrance on active duty. This presumption is overcome
if clear and unmistakable evidence demonstrates that the disability existed before the
Service member’s entrance on active duty and was not aggravated by military service.
Absent such clear and unmistakable evidence, the PEB will conclude that the disability was
incurred or aggravated during military service.
E3.P4.5.2.2.2. Hereditary and/or Genetic Diseases. Any hereditary or genetic
disease shall be evaluated to determine whether clear and unmistakable evidence
demonstrates that the disability existed before the Service member’s entrance on active
duty and was not aggravated by military service. However, even if the conclusion is that
the disability was incurred prior to entry on active duty, any aggravation of that disease,
incurred while the member is entitled to basic pay, beyond that determined to be due to
natural progression shall be determined to be service aggravated. To overcome the
presumption of sound condition, factual evidence based upon well-established medical
principles as distinguished from personal medical opinion alone must be presented to rebut
the presumption. The quality of evidence is usually more important than quantity. All
relevant evidence must be weighed in relation to all known facts and circumstances relating
to the condition. Findings will be made on the basis of objective evidence in the record as
distinguished from personal opinion, speculation, or conjecture. When the evidence is not
clear concerning whether the condition existed prior to service or if the evidence is
equivocal, the presumption will not be deemed to have been rebutted and the member's
condition will be found to have been incurred in or aggravated by military service.
Thank you yes please send me the letter if I can show thw AFI and DOD's they violated then they will fix it but only if I can show thanks again
Hi all does anyone know where I can get a copy of this letter that Mac sent LoufromFWB inregards to stating the violations being committed. I realy realy need help please
Any ideas anyone someone I feel like I am fight a losing battle and that all of this is just wrong.
Any ideas anyone someone I feel like I am fight a losing battle and that all of this is just wrong.
Check your Private Message folder. I sent it there.---Lou
LoufromFWB,
From your comment, it looks like you are saying that if you are going through a service-related MEB while in the Reserves, you should be put on AD orders. Is this correct? I am going through an MEB for an injury I had while on active duty. Do I need to find a military PCM to get me back on active duty? Thanks for your response!
From your comment, it looks like you are saying that if you are going through a service-related MEB while in the Reserves, you should be put on AD orders. Is this correct? I am going through an MEB for an injury I had while on active duty. Do I need to find a military PCM to get me back on active duty? Thanks for your response!
Again, here's the law...
Pursuant to 37 U.S.C. § 204(a)-(b);
(a) The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under section 205 of this title—
(1) a member of a uniformed service who is on active duty; and
(2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section503, 504, 505, or 506 of title 32.
(b) For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.
DoDI 1241.2;
6.6.3.2. A Reserve component member on active duty under a call or order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty shall, with the member's consent, be continued on active duty upon the expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System determination.
AFI36-3212;
8.6.2. ARC members who incur or aggravate an injury, illness or disease in the line of duty while on orders for more than 30 days are not involuntarily released from those orders until final disposition of their disability case. These members' entitlement to full pay and allowances and benefits continue to the same extent provided by law or regulation to regular component members.
Pursuant to 37 U.S.C. § 204(a)-(b);
(a) The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under section 205 of this title—
(1) a member of a uniformed service who is on active duty; and
(2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section503, 504, 505, or 506 of title 32.
(b) For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.
DoDI 1241.2;
6.6.3.2. A Reserve component member on active duty under a call or order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty shall, with the member's consent, be continued on active duty upon the expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System determination.
AFI36-3212;
8.6.2. ARC members who incur or aggravate an injury, illness or disease in the line of duty while on orders for more than 30 days are not involuntarily released from those orders until final disposition of their disability case. These members' entitlement to full pay and allowances and benefits continue to the same extent provided by law or regulation to regular component members.
GIVE EM HELL LOU!
Drop me a line...
-mac
Drop me a line...
-mac
Thank you for the quick reply. I am still unsure how to take the law and to start with the fireworks. My story is a bit complicated- I was injured while on active duty and went through a board, but requested to continue on active duty. I was regular army component at the time. I finished my MSO and ETS'd. I joined the reserves and they are now sending me through another board, but three years after leaving active duty. Reading "8.6.2. ARC members who incur or aggravate an injury, illness or disease in the line of duty while on orders for more than 30 days are not involuntarily released from those orders until final disposition of their disability case. These members' entitlement to full pay and allowances and benefits continue to the same extent provided by law or regulation to regular component members" I would think that I should be on active duty, but I was voluntarily released from active duty three years ago. I'm not sure if I even have a leg to stand on here. It has taken them three years of constant badgering from me for them to even get to this point. Getting anything done will take a HUGE push.
Thank you to all who contribute to this forum. It has provided a wealth of knowledge for a very confusing process.
Thank you to all who contribute to this forum. It has provided a wealth of knowledge for a very confusing process.
Leon2325,
It might be a good idea to start your own thread with your situation. It sounds complex and for some of the people to help you we (I) need more info. Jason is the man when it comes to the law. The more specific and detailed you are the easier it is to help or at least advise.
Send me a PM if you want and I will share everything I know about going to court over a wrongful discharge.
It might be a good idea to start your own thread with your situation. It sounds complex and for some of the people to help you we (I) need more info. Jason is the man when it comes to the law. The more specific and detailed you are the easier it is to help or at least advise.
Send me a PM if you want and I will share everything I know about going to court over a wrongful discharge.
well no answers and no help from the AF everyone keeps pointing fingers saying so and so has to do that or we can not help or we do not know all the while I am paying for my own meds and having trouble getting treatment unless I pay I am realy feeling frustrated and do not understand how they get away with not takeing care of there service members Just tossing them to the side to fend for themselves once they are not good for the units. I am unsure how long to wait befor going to congress any ideas guys Thank you if not for this forum I would be totally lost
WHY777,
Again, the fiirst thing you need to do is send a letter to the top person in your command (E.G. Wing General), explaining that you have been unlawfully taken off orders.
Then cite the Law verbatem:
Pursuant to 37 U.S.C. § 204(a)-(b);
(a) The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under section 205 of this title—
(1) a member of a uniformed service who is on active duty; and
(2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section503, 504, 505, or 506 of title 32.
(b) For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.
DoDI 1241.2;
6.6.3.2. A Reserve component member on active duty under a call or order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty shall, with the member's consent, be continued on active duty upon the expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System determination.
AFI36-3212;
8.6.2. ARC members who incur or aggravate an injury, illness or disease in the line of duty while onorders for more than 30 days are not involuntarily released from those orders until final disposition oftheir disability case. These members' entitlement to full pay and allowances and benefits continue tothe same extent provided by law or regulation to regular component members.
Then end the letter requesting that you be put back on orders retroactively to your last set of orders.
You can do this in AF memo format using your wing letter head. Make sure you cc EVERBODY in your chain and make sure you do a return reciept (if you don't know how to do that ask somebody) via base email. Then print a copy and send it via certified mail.
Now nobody can say you didn't give them a chance to fix the problem and you have a starting point to take action, E.G. Congressional Complaint, ART 138, I.G., Federal law suit in the USCFC (United States Court of Federal Claims) etc.
PM me and I'll give you my email if you need an example.
DO NOT GIVE UP AND QUIT! That's their goal. The way it works is that they chop injured and sick Guard and Reserve members off orders unlawfully, knowing full well that most members will do nothing either because they don't know what to do or they are just sick and tired of the BS and just want to go away.
If they do this to 100 members and only 10 fight for their rights, that means they win 90% of the time. We cannot alow this to happen any more.
The LAW is on YOUR SIDE! They cannot change it or modify it but can only ignore it to their peril...
Welcome to the fight...
SMSgt mac
Again, the fiirst thing you need to do is send a letter to the top person in your command (E.G. Wing General), explaining that you have been unlawfully taken off orders.
Then cite the Law verbatem:
Pursuant to 37 U.S.C. § 204(a)-(b);
(a) The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under section 205 of this title—
(1) a member of a uniformed service who is on active duty; and
(2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section503, 504, 505, or 506 of title 32.
(b) For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.
DoDI 1241.2;
6.6.3.2. A Reserve component member on active duty under a call or order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty shall, with the member's consent, be continued on active duty upon the expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System determination.
AFI36-3212;
8.6.2. ARC members who incur or aggravate an injury, illness or disease in the line of duty while onorders for more than 30 days are not involuntarily released from those orders until final disposition oftheir disability case. These members' entitlement to full pay and allowances and benefits continue tothe same extent provided by law or regulation to regular component members.
Then end the letter requesting that you be put back on orders retroactively to your last set of orders.
You can do this in AF memo format using your wing letter head. Make sure you cc EVERBODY in your chain and make sure you do a return reciept (if you don't know how to do that ask somebody) via base email. Then print a copy and send it via certified mail.
Now nobody can say you didn't give them a chance to fix the problem and you have a starting point to take action, E.G. Congressional Complaint, ART 138, I.G., Federal law suit in the USCFC (United States Court of Federal Claims) etc.
PM me and I'll give you my email if you need an example.
DO NOT GIVE UP AND QUIT! That's their goal. The way it works is that they chop injured and sick Guard and Reserve members off orders unlawfully, knowing full well that most members will do nothing either because they don't know what to do or they are just sick and tired of the BS and just want to go away.
If they do this to 100 members and only 10 fight for their rights, that means they win 90% of the time. We cannot alow this to happen any more.
The LAW is on YOUR SIDE! They cannot change it or modify it but can only ignore it to their peril...
Welcome to the fight...
SMSgt mac
why777,
I sent you a private message. But as Mac says--DO NOT GIVE UP AND QUIT!!!---
I sent you a private message. But as Mac says--DO NOT GIVE UP AND QUIT!!!---
Hi all Just wanted to say there has been no change with my case I gave my command the letter outlining all the DOD's and USC they were violating but no one cares they are proceeding there way. I was told that if the WWD comes back in my favor then they will look at the medical injurys that are in the line of duty but first they want to see how the WWD goes. The worse part is I am not getting medical treatment I need Wow this is so great I can feel the love...... What should I do any help would be awesome I am back because I can not give up or things will never change
Hi all update on my case. The unit has decided I was right I need a MEB so they say they are stating one. But I have not been returned to orders. I am being told I do not need to be on orders while going through the MEB process. Can someone give me some help on what I should do now