Conflict with commanders impact statement

Russ35057

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BLUF: Former Air National Guard Active Guard Reservist 15yrs AD time - non retained as AGR - Fit for duty non WWD

Commander stated in impact statement in October 2017 to retain member then the next month (while IRILO processing) my Performance Report closes out stateing I make a lot of mistakes (anxiety and depression due to tramua in the office) and it's a referral basically saying I'm garbage (worst Performance Report I ever received in a long career. I've had alcohol related incidents when I was a young airman and never got a EPR this bad). All The years before was a promote performance evaluation. Can I use the 2017 bad EPR to nullify the invalid impact statement? This commander just seems to be out to torture me.... The 2018 has not been provided yet and I've been breifed it's the same if not worse....
 

RonG

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Opinion:

I am not questioning your assessment of the negative evaluation report. However, I do not think you will be able to nullify the negative report or impact statement.

Although, I am not a SME on the military disability process, I wrote dozens (possibly hundreds) of evaluations during my long active duty career.

Fortunately, most of those evaluations were favorable. Some warranted a less than average rating. Occasionally, a recipient refused to sign the document, which only acknowledges receipt, not agreement. I then added a comment, “ Soldier refused to sign.”

None of the “less than average” evaluations were overturned and they were administratively approved through the chain of command.

Those evaluations, good or bad, became a permanent part of the soldier’s military records.

In any case, I wish you good luck.

Ron
 

Russ35057

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I'm really not looking at negating either one, but I would think the issues that were identified in the performance report should have been part of the impact statement. Probably why I was found Fit for duty instead of unfit. The medical review did not see anything that the conditions impacted performance relating to duty. Maybe it's a long shot but it's about the last card I have to play along with the 26 line items on the AF medical standards directory that apply in my situation. Thanks @RonG.
 

RonG

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I would probably pursue the same course of action.

Good luck...
Ron
 

Russ35057

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Well I elevated this and almost had actions taken against me if not for the wing command chief telling my superintendent that would not be a good idea and could be considered reprisal. Medical is pushing for an unfit and now I have 2 referral EPR's to back up my side of the story.... the BS continues. didn't make any friends by this but it's the right thing to do even if it is unpopular
 

Guardguy11

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Well I elevated this and almost had actions taken against me if not for the wing command chief telling my superintendent that would not be a good idea and could be considered reprisal. Medical is pushing for an unfit and now I have 2 referral EPR's to back up my side of the story.... the BS continues. didn't make any friends by this but it's the right thing to do even if it is unpopular
None of those people are going to join you on your journey outside of the military so you really just need to worry about taking care of yourself. It sucks when you don't have an advocate, but it sucks worse when you are too scared to even advocate for yourself. Know the AFI. Know the processes these people have to follow as well as the process to bring it up when they don't follow it. Stay as professional as possible and show their rank the respect it deserves. As the bible says, turn the other cheek :)

You are doing the right thing.

Brad
 

Russ35057

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None of those people are going to join you on your journey outside of the military so you really just need to worry about taking care of yourself. It sucks when you don't have an advocate, but it sucks worse when you are too scared to even advocate for yourself. Know the AFI. Know the processes these people have to follow as well as the process to bring it up when they don't follow it. Stay as professional as possible and show their rank the respect it deserves. As the bible says, turn the other cheek :)

You are doing the right thing.

Brad
I do my best with the recommendations while also being transparent so the people with rank are not blindsided either. I should of had an examination Per AFI when I came off of AGR orders (I think someone was afraid that I would have to be retained for MEB processing). The unit has a bad reputation on when people speak up - careers and lives are definitely impacted even when someone has an AFI or DODI or ANGI to back up. it's all about who you know..... not what you know. the current Wing CC now wants to stop these problems, and end the culture of fear in the ranks, but that also can be a double edged sword... as I said almost had actions taken against me....
 

NoleNation

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If I could just offer some friendly advice: no matter what you decide to do, I would stay as absolutely professional as possible in your response. I would not accuse the unit of anything, I would not try and put anyone's "reputation" into question. As Guardguy11 said, you need to make sure you continue to show the respect of the rank in your rebuttal. I can promise you if you go out the gate accusing your command of being dishonorable and having a bad reputation, the rest of your statement will not hold much weight.

Personally, I would simply state something to the effect of: "On XXX date, Col. SoandSo rated my performance as [insert favorable comments]. Subsequently, on XXXX date, Col. SoandSo rated my performance as [insert unfavorable information directly quoted from EPR, not your summary or opinions of it]. I respect the commander's input and critique, however, I respectfully don't agree with the latest evaluation. As you can see, just prior to this unsatisfactory review, my service review was favorable-- even resulting in a recommendation to retain."

You get the idea.
 

Russ35057

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If I could just offer some friendly advice: no matter what you decide to do, I would stay as absolutely professional as possible in your response. I would not accuse the unit of anything, I would not try and put anyone's "reputation" into question. As Guardguy11 said, you need to make sure you continue to show the respect of the rank in your rebuttal. I can promise you if you go out the gate accusing your command of being dishonorable and having a bad reputation, the rest of your statement will not hold much weight.

Personally, I would simply state something to the effect of: "On XXX date, Col. SoandSo rated my performance as [insert favorable comments]. Subsequently, on XXXX date, Col. SoandSo rated my performance as [insert unfavorable information directly quoted from EPR, not your summary or opinions of it]. I respect the commander's input and critique, however, I respectfully don't agree with the latest evaluation. As you can see, just prior to this unsatisfactory review, my service review was favorable-- even resulting in a recommendation to retain."

You get the idea.
Pretty much the jist of what I told the wing commander about the situation. I haven't been given any opportunities to rebutt
 

Russ35057

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Updates: 1. Still nothing from Wing commander or anything.... I think this has been swept under the rug. IG Useless. 2. Provided my case to Congressman Brooks's office here in Alabama for looking in to the issues in this situation. 3. My unit keeps asking more documents for the profile renewal.... I've given them all I have and still not enough! 4. Finally saw A VA podiatrist and he stated I should be able to run, and took a look at my feet and found out the Foot fusion that was done 3 years ago on the left foot didn't take, and they will not do the plate and screws method since I have a history of non unions... so I have one fused and one they wont treat.... um there goes most of the physical requirements.... end Rant.
 

Russ35057

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Updates for anyone watching my Train wreck...
1.Last 422 Expired 30 Jun 19 and "Waiver"
2. 20 Aug 19 - Medical POC stated writing up package for NGB
3. 21 Aug 19 - I received a statement of selection (non-duty DES)and I elected Desire Entry in to DES (I'm already SC with the VA at 90%) this is supposedly for fitness only.... ( guess I was supposed to also have this in 2017 and 2018 for the last 2 attempts where I was found fit. I honestly don't ever remember seeing this.) I have signed and submitted back.
 

chaplaincharlie

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You can write the board a letter. You can point out the discrepancies between EPRs and Commander's Statement, but to what end? Proving you CC is inconsistent is not a desired outcome of a PEB.

If you write the board talk about the facts that support you desired outcome. Know what you want to happen and pursue that and only that desired outcome.

Best wishes.
 

Russ35057

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You can write the board a letter. You can point out the discrepancies between EPRs and Commander's Statement, but to what end? Proving you CC is inconsistent is not a desired outcome of a PEB.

If you write the board talk about the facts that support you desired outcome. Know what you want to happen and pursue that and only that desired outcome.

Best wishes.
who do I write? I don't have any contact, However the PEBLO also has contact on this matter with the documentation and the Nurse Practitioner who is writing the current NARSUM, also the OAC (Office of Airman's Counsel), Wing Commander, Command Chief, First Sergeant.... Goes on and on. everyone knows and many back me up I definitely was unfairly Treated. so Round 3..... Fight.... This one comes back as fit I WILL Appeal! 90% Disabled by the VA. Highly doubt I'm fit for duty anymore.
 

chaplaincharlie

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Write the letter and ask your PEBLO to include it in your package.
 

Russ35057

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Emailed the PEBLO and the Main individual putting the package together. I'll wait for approval before proceeding I will use the advice I've received here in drafting. and there is 2 years of EPR's more of the same. Thanks everyone for being a wealth of knowledge. you all have helped me when I have felt like F it and just wanted to walk away and give up in this fight.
 

chaplaincharlie

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! 90% Disabled by the VA. Highly doubt I'm fit for duty anymore.
It is possible to get a VA rating and still be fit. Obstructive Sleep Apnea with use of CPAP is 50% VA and usually fitting DoD. I urge you to research your service's guidance on fit/unfit. You can find it in the resource section of this website. If your conditions are listed in your service's guidance as unfit, reference the guidance, Stay factual in your letter.
 

Russ35057

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I have using the AF MSD. I have a lot more than just sleep apena. I have roughly 20 issues actually on there. lower back DDD with spondylosis with radiocapathy and neropathy in both legs. joint fusions (one failed joint fusion in left foot) in both feet, migraines anxiety and depression and that's the stuff I have rated so far. I still have more that have to be rated.
 

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Russ35057

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I just got told it would not go as part of the package, but take it up with the IG.... IG is not exactly on my favorite list to talk to (they have told me pound sand before)
 

Russ35057

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New Update:
New AF 469 Generated - 23 Aug 19
Commander is doing a new impact statement..... lets see how this goes.
New Medical, and Mental NARSUM's being completed. Conditions have worsened...
 
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