Commanders Statement Rebuttal

Blooergar09

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Good NARSUM. However, my commander wrote that I was an awesome airman and my conditions do not effect my job. Should I submit a rebuttal to that and highlight my duty limitations. My supervisor also said she would put in some input. I do not want to say too much because it could effect me negatively, but I also do not want the risk of getting a fit for duty finding.
 

Russ35057

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Good NARSUM. However, my commander wrote that I was an awesome airman and my conditions do not effect my job. Should I submit a rebuttal to that and highlight my duty limitations. My supervisor also said she would put in some input. I do not want to say too much because it could effect me negatively, but I also do not want the risk of getting a fit for duty finding.
I don't think you can... I wish I could at this point.
 

oddpedestrian

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It's the commanders opinion do you have UCMJ, write ups, coaching sessions or poor evals to counter it? Medical profiles with limitations is not the same.
 

Russ35057

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It's the commanders opinion do you have UCMJ, write ups, coaching sessions or poor evals to counter it? Medical profiles with limitations is not the same.
@oddpedestrian I have 2 referral Enlisted Performance reports (one that was written a month after the impact statement) Feedbacks, LOC's, LOR's no Art 15's or UCMJ actions.... may I also mention the commander signed said EPR.... I was not briefed on rights in this matter and not offered consul. Here's your 6 month notice... sign and get out....

To the OP if you have a situation like mine and have the Performance evals to counter submit them ASAP. I would say work with JAG on the matter.
 

oddpedestrian

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@Russ35057

I was referencing the OP he stated "duty limitations" that is not what the PEB is asking from the commander millions of service members perform their duties with limitations. I never been a fan of commanders statements because the discretion is so wide. If I command a maintenance unit of 120 compared to 60 I'm gonna be far more lenient on duty performance in vice verse I can't afford to lose personal so I push for a fit even though the SM performance is lackluster at best.
 

Russ35057

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@oddpedestrian

I totally understand the OP on this and the impact. yeah the fight really is not worth fighting. if your CO though will go to bat for you like that (providing your Active duty and not being used as a backdoor to fire you as an AGR) get the fit and stay on active duty, but if your a National Guardsman/Reservist on a full time Active Guard Reserve Order this is their backdoor I'd call it. and also It would depend on what the impact statement says and do the performance evals and documentation match the commander's statement.... that is a gray area, and it depends on what conditions the member has.. if it's mental and he or she is getting hit with referral EPR's because of mistakes being classified as substandard duty performance... that would be a case for rebuttal, but if said member only has physical limitations and gets the same referral evals then the member would not have a case to refute the impact statement. does that make any sense?
 

Blooergar09

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It's the commanders opinion do you have UCMJ, write ups, coaching sessions or poor evals to counter it? Medical profiles with limitations is not the same.
No I haven’t had any recent EPR’s and no paperwork. She barely knows me and spoke on behalf on my duty performance without knowing any details
 

Blooergar09

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@oddpedestrian

I totally understand the OP on this and the impact. yeah the fight really is not worth fighting. if your CO though will go to bat for you like that (providing your Active duty and not being used as a backdoor to fire you as an AGR) get the fit and stay on active duty, but if your a National Guardsman/Reservist on a full time Active Guard Reserve Order this is their backdoor I'd call it. and also It would depend on what the impact statement says and do the performance evals and documentation match the commander's statement.... that is a gray area, and it depends on what conditions the member has.. if it's mental and he or she is getting hit with referral EPR's because of mistakes being classified as substandard duty performance... that would be a case for rebuttal, but if said member only has physical limitations and gets the same referral evals then the member would not have a case to refute the impact statement. does that make any sense?
I have physical conditions and the commander stated “ not curable, but treatable “ but she doesn’t know how it impacts me on a daily basis. So it was frustrating to see that she wrote literally two sentences saying that I am fit without knowing the full story
 

Russ35057

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No I haven’t had any recent EPR’s and no paperwork. She barely knows me and spoke on behalf on my duty performance without knowing any details
You will probably be found Fit. If you are active duty that's a good thing.... The reserve/national guard is where being found Fit can be a problem. If your supervisor as well hasn't done any paperwork on you that can be involved in your issues you should not have a problem with staying in.
 

Russ35057

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I have physical conditions and the commander stated “ not curable, but treatable “ but she doesn’t know how it impacts me on a daily basis. So it was frustrating to see that she wrote literally two sentences saying that I am fit without knowing the full story
Try having a commander who does know and the problems and still writes a fit like that when there is evidence to the contrary... It makes it even harder for a unfit. I'm still working on that part
 

oddpedestrian

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No I haven’t had any recent EPR’s and no paperwork. She barely knows me and spoke on behalf on my duty performance without knowing any details
She probably just asked your team, squad, platoon or senior enlisted advisor rarely do they call you in for an interview. When I read mine I could tell she got the information from my E-7 now whether or not they admit it to you or not is one thing.
 

Russ35057

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You will probably be found Fit. If you are active duty that's a good thing.... The reserve/national guard is where being found Fit can be a problem. If your supervisor as well hasn't done any paperwork on you that can be involved in your issues you should not have a problem with staying in.
@Blooergar09 and @oddpedestrian - What I was trying to say is why would you want an unfit if it seems everyone in your chain has your back and wants to retain you? I'm missing a piece of your puzzle on why you would want the unfit if you can still serve in the end result??? As I said if you are active duty and still trying to get your 20, and have the backing in your command to do so, and the support why do you want the unfit? if it's rough for you everyday let your chain know why... maybe they can help or get you the help you need. It sounds like they don't want to lose you as an asset.
 

Blooergar09

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@Blooergar09 and @oddpedestrian - What I was trying to say is why would you want an unfit if it seems everyone in your chain has your back and wants to retain you? I'm missing a piece of your puzzle on why you would want the unfit if you can still serve in the end result??? As I said if you are active duty and still trying to get your 20, and have the backing in your command to do so, and the support why do you want the unfit? if it's rough for you everyday let your chain know why... maybe they can help or get you the help you need. It sounds like they don't want to lose you as an asset.
I am in actual pain and it is hard daily doing my job. I want an unfit so I can focus more on my health and take the time needed to do so. I reiterated it to my command but they spoke to the commander after the statement was already written. My supervisor wrote a memorandum on my behalf so hopefully they take that into consideration
 

Russ35057

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I am in actual pain and it is hard daily doing my job. I want an unfit so I can focus more on my health and take the time needed to do so. I reiterated it to my command but they spoke to the commander after the statement was already written. My supervisor wrote a memorandum on my behalf so hopefully they take that into consideration
That will hopefully help, but if you do get a fit you might have to wait until your next waiver review which should be annually. In the meantime get any treatments you can to relieve the pain if there's anything medical that can be done get it done while in... It's more of a pain once you are out
 
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