Commanders Letter?

parmer

PEB Forum Regular Member
PEB Forum Veteran
I have another question. How important is the Commander's letter? I have two different orthopedic surgeons doing reports saying that my condition is not going to get better and is in fact causing other conditions. (I have degenerative bone on bone osteoarthritis in my left knee and close to that in my right and since my gait has changed to compensate the pain in my left knee, I know have a bone spur in my right foot) Both surgeons feel that since I am unable to deploy, unable to fulfill my RSV training, not able to PT and not able to complete basic military stuff, that I should retire. I am an E-7 with a little over 20 years Active duty. I was told today, by my commander, that he feels that I should stay in. I am in constant pain and the only thing that is going to help according to my doctors is replacement knee surgery which they don't recommend until I am 55. (I am currently 39) How much do the doctors opinion play in the equation versus the commanders letter? I am very confused and all I want to do is retire and take off these darn boots. Sorry this is so long, but I have reached the end of my frustration level. As always, thanks for any advice you can give me.
 
Hi & welcome,

Commanders letter is important, I think it weight as much or more than anything else in your package. If you want a letter that would support your decision of getting out, I would set down with him/her (commander) and tell him that you feel like you can't pull your weight & it would be the best interest for you to terminate your career at this point, due to your health.

X
 
:confused: I've tried that. His opinion is that since I can do my "desk" job that I should stay in. My opinion is that I can't do any of the military functions associated with the job. I was hoping that if I had two independent doctor's opinions that maybe that would outweigh the letter from the commander. I still haven't seen my narsum or his letter so I am not really sure what his intent is At my appointment today I was actuallly told that I need to start using a cane...lol!! I'm going to look ridiculous in uniform using a cane. I don't know exactlly what he was saying because it was a lot of "doc" speak, but he kept saying grade 4 changes in just about every joint or part of my knees. I've all ready had surgeries, injections, and everything else that can be done. I'm on celebrex for the rest of my life.. :( I was hoping that someone could give me some good news. I was told that I can't appeal a return to duty determination. Is this true?
 
In my view, Commander's Letter can carry a lot of weight on the question of fitness. If they are not detailed or focus on irrelevant things, the PEBs tend to ignore them. The best letters for cases where you want to be rated highly will detail EACH condition's impact on your duty performance.

For cases where you want to be found fit, it is very helpful to have the Commander's opinion that you can perform your duties without signficant limitations.

Common errors are letters that do not cover each condition. This is common where the functional limitations overlap, such as when you have difficulties from back AND Neck that prevent lifting and the Commander only comments on the back. Another issue is when in unfit cases the Commander, in an effort to portray you in a positive light, talks at length about your recent good performance or states "an outstanding (Airman, Marine, Soldier, Sailor)." This will tend to make the PEB think you are either fit, or minimally impacted.
 
You can apeal. It is discretionary whether they grant it. You have no statutory right to a hearing, but they often grant one anyways.
If the medical evidence is clear, a Commander's letter may not be the final word. It just makes it harder to find unfitness.
 
I guess I will have to plan on appealing. I don't understand why if two doctors recommend retirement, the commander, who is not a doctor, is the one who decides if I am fit? That doesn't really make much sense to me. Will it do me any good to submit a letter along with my package? I don't want to hurt my case, but I want them to know that I will accept retirement. Thanks for anyone who can guide me. I love this site!!
 
I guess I will have to plan on appealing. I don't understand why if two doctors recommend retirement, the commander, who is not a doctor, is the one who decides if I am fit? That doesn't really make much sense to me. Will it do me any good to submit a letter along with my package? I don't want to hurt my case, but I want them to know that I will accept retirement. Thanks for anyone who can guide me. I love this site!!

If a person has to get out, I sopose most would accept retirement. ;) I'm sure they know that.

You know if you have 20y in, you can slap down your retirement papers (as of a year ago) and from that point forward (<=1 year) your considered "fit for duty" till retirement.

X
 
I currently have an active duty service committment that doesn't expire until 31 October 2009, so I'm not eligible to request retirment until 31 Oct this year.
 
Can anyone tell me if they think it is beneficial to include a letter from me to send with my package? Has anyone ever submitted one and if so, did it have positive/negative results? I would like to plead my case as to why I should be allowed to retire. I appreciate anyone's input.
 
parmer,

I think the answer depends on the evidence already submitted. In your case, it sounds like your Commander's Letter recommends a fit finding. So, a statement providing evidence of your limitations may be helpful. However, much more effective would be objective observer's (like other supervisors) letters stating your limitations. There is nothing wrong with providing both, your own letter and letters from others.

The most effective letters provide evidence and stay away from too much discussion about desires or wants. Facts are more important.

You know if you have 20y in, you can slap down your retirement papers (as of a year ago) and from that point forward (<=1 year) your considered "fit for duty" till retirement.

A slight clarification, you are presumed fit (sometimes called PFIT) when you are pending separation or retirement for non-disability reasons. However, this presumption can be overcome. But, this comment rasises a good point. Why not apply for retirement if you are found fit? Assuming your goal is to retire, and you have more than 20, you are not going to do better under CRDP than with a length of service retirement. Granted, it may take longer than a medical retirement to process, but I think you will meet your goals under either result, unless I am missing something.
 
Hi Jason,

I currently have an Active Duty Service Commitment until 31 Oct 2009 because of my promotion to E7 so I can not apply for retirement until 31 Oct 2008. So you think it would be okay if my Lt sends a letter?
 
parmer,

I think the answer depends on the evidence already submitted. In your case, it sounds like your Commander's Letter recommends a fit finding. So, a statement providing evidence of your limitations may be helpful. However, much more effective would be objective observer's (like other supervisors) letters stating your limitations. There is nothing wrong with providing both, your own letter and letters from others.

The most effective letters provide evidence and stay away from too much discussion about desires or wants. Facts are more important.



A slight clarification, you are presumed fit (sometimes called PFIT) when you are pending separation or retirement for non-disability reasons. However, this presumption can be overcome. But, this comment rasises a good point. Why not apply for retirement if you are found fit? Assuming your goal is to retire, and you have more than 20, you are not going to do better under CRDP than with a length of service retirement. Granted, it may take longer than a medical retirement to process, but I think you will meet your goals under either result, unless I am missing something.

Jason,

Concerning the last paragraph please explain what u mean by this....Assuming your goal is to retire, and you have more than 20, you are not going to do better under CRDP than with a length of service retirement. Granted, it may take longer than a medical retirement to process, but I think you will meet your goals under either result, unless I am missing something.

Jason and MA,

Also Guard enlisted here. I havent mentioned to my CO about my conditions. Im just getting started on lining the ducks up in a row. I just completed a periodic health assesment..PHA. I let everything out on paper and to the DR. The NCOIC at the clinic says medpros says I am listed non deployable. He says by orders of chief of staff if something isnt initiated within 60 days it'll progress to discharge. He says I need to submit a commanders, physicians or soldiers statement to him within 60 days. Could you explain the steps to get each of these three? Which one is the best option? Does any of this make sense?

I have 4 more drills to make 20 good years by calender. I have enough points this year for the 20th good year. I havent reelisted. There's some concern that I could get the boot before OCT. It seems very unlikely to to get dishcarge all processed in 4 months. Im also concerned if I can into the DES before OCT. If somehow I dont get into the DES by the end of my ETS in OCT. What are my options? Im sure the unit will try and stall if this helps their position.

On the PHA the DR doesnt mention anything about DES , MEB, ETC. She notes things I checked on the functional capapcity certificate and the TBI questionaire. I said to most all questions regarding physical limitations that I couldnt do it. Like walking 12 miles. Or 2 miles with full field gear. I also dont have any type of profile. I screened positive for TBI. On the TBI she did concur with self assesment. She left out PTSD when mentioning her findings after I told her I'd been seeing provider for several year and diagnosed with chronic and severe PTSD. She did not check off wether I these limitations are permanent or temporary. BUt again she made no mention of the DES or MEB. She did say she would refer me for both physical and behavioral. And according to the hearing test I did extremely poor. How does this PHA go on helping me get into the DES? Will this change my PULHES numbers?

THX

Jack


__________________
 
Hi all..haven't posted in a few days, not much to tell, but I still stay on to see what's going on. As of today, my package has not left yet. I found out today that my doctor was asked to change the dates on my narsum so the 30 days doesn't expire before it goes up. I will keep everyone posted. I'm still not sure what my commanders recommendation is going to be. Will I be shown the letter before my package leaves? As always, thanks for any information you can provide me with.
 
Parmer,

I received copies of everything including my commander's letter before it was sent to the IPEB.
 
Jason,

Concerning the last paragraph please explain what u mean by this....Assuming your goal is to retire, and you have more than 20, you are not going to do better under CRDP than with a length of service retirement. Granted, it may take longer than a medical retirement to process, but I think you will meet your goals under either result, unless I am missing something.

If you are a Chapter 61 (military disability) retiree, you will only get CRDP to the extent that you would under a length of service times 2.5% yields:

(b) Special rules for chapter 61 disability retirees.
(1) Career retirees. The retired pay of a member retired under chapter 61 of this title [10 USCS §§ 1201 et seq.] with 20 years or more of service otherwise creditable under section 1405 of this title [10 USCS § 1405], or at least 20 years of service computed under section 12732 of this title [10 USCS § 12732], at the time of the member's retirement is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member's retired pay under chapter 61 of this title [10 USCS §§ 1201 et seq.] exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member's service in the uniformed services if the member had not been retired under chapter 61 of this title [10 USCS §§ 1201 et seq.]. 10 USCS § 1414

What this means is that given the current rules on offsets and CRDP, the best you can do from a benefits point of view once you have 20 years of service is to get 2.5% times length of service. Anything above that awarded by the PEB will result in an offset of VA compensation. This is the general rule and for some reservists with high rank and many years of service who have to wait until age 60 to collect under CRDP, there may be an advantage to getting a higher rating. If in doubt, I think you have to calculate possible and likely outcomes from PEB and VA and making these assumptions, see if you will do better. But for most Servicemembers, you won't do better than 2.5% times Years of Service.


Jason and MA,

The NCOIC at the clinic says medpros says I am listed non deployable. He says by orders of chief of staff if something isnt initiated within 60 days it'll progress to discharge. He says I need to submit a commanders, physicians or soldiers statement to him within 60 days. Could you explain the steps to get each of these three? Which one is the best option? Does any of this make sense?

No, it does not make sense. The chief of staff has no authority to do this. It is their job to refer you to the MEB and then PEB. Let us know if they try to discharge you without doing so. Best bet to try to get this initiated is to get seen at an MTF and the MEB section there should initiate.

I have 4 more drills to make 20 good years by calender. I have enough points this year for the 20th good year. I havent reelisted. There's some concern that I could get the boot before OCT. It seems very unlikely to to get dishcarge all processed in 4 months. Im also concerned if I can into the DES before OCT. If somehow I dont get into the DES by the end of my ETS in OCT. What are my options? Im sure the unit will try and stall if this helps their position.
Have you applied for retirement? If referred to MEB, your ETS/retirement is administratively stopped while being processed.

On the PHA the DR doesnt mention anything about DES , MEB, ETC. She notes things I checked on the functional capapcity certificate and the TBI questionaire. I said to most all questions regarding physical limitations that I couldnt do it. Like walking 12 miles. Or 2 miles with full field gear. I also dont have any type of profile. I screened positive for TBI. On the TBI she did concur with self assesment. She left out PTSD when mentioning her findings after I told her I'd been seeing provider for several year and diagnosed with chronic and severe PTSD. She did not check off wether I these limitations are permanent or temporary. BUt again she made no mention of the DES or MEB. She did say she would refer me for both physical and behavioral. And according to the hearing test I did extremely poor. How does this PHA go on helping me get into the DES? Will this change my PULHES numbers?
PULHES will change with a physical profile. They should issue one with your limitations. PHA does not trigger any of these events, except it should get you referred to a physician who will initiate/process your case.

Best of luck and let us know any questions.
 
Thanks Purple..I appreciate the information. Hopefully I'll see something this week.
 
Top