DA Form 3947 Question

Good day all and Happy Monday!

I had a quick question. Today I am going to do my NARSUM review with my PEBLO. He sent a variety of documents including a DA Form 3947 (Medical Evaluation Board Proceedings). Below are screen shots from that form. There are two claimed conditions that do not meet retention standards IAW AR 40-501. In block 12a stating if there are conditions listed that cause the Soldier to fall below medical retention standards, per AR 40-501, it is marked 'No'. I believe this is a typo and should be 'Yes' an in 12b annotate these two disqualifying conditions. Can anyone confirm if I am correct about this? I have contacted my PEB counsel to discuss this as well.

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MeerkatFromSkinnyKeep said:
Good day all and Happy Monday!

I had a quick question. Today I am going to do my NARSUM review with my PEBLO. He sent a variety of documents including a DA Form 3947 (Medical Evaluation Board Proceedings). Below are screen shots from that form. There are two claimed conditions that do not meet retention standards IAW AR 40-501. In block 12a stating if there are conditions listed that cause the Soldier to fall below medical retention standards, per AR 40-501, it is marked 'No'. I believe this is a typo and should be 'Yes' an in 12b annotate these two disqualifying conditions. Can anyone confirm if I am correct about this? I have contacted my PEB counsel to discuss this as well.

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Why would you challenge it? You WANT it checked no. Why bring it up. It helps you. Even if it should be Yes and then yes to be permanently aggravated why challenge it. It gives the PEB an option to decide it wasn't aggravated
 
Provis said:
Why would you challenge it? You WANT it checked no. Why bring it up. It helps you. Even if it should be Yes and then yes to be permanently aggravated why challenge it. It gives the PEB an option to decide it wasn't aggravated
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I believe he is referring to the box under that (12a). That's what he wants to be checked 'yes'.
 
The DA Form 3947 is properly completed. You have two specific conditions expressly identified as failing medical retention standards in Block 11. Based on those failed conditions, the MEB in Block 13 has recommended your case be referred to a PEB. Block 12 is inapplicable to your case, because it only applies if you have no single condition that fails medical retention standards. So the proper response is NO. Hypothetically (and this is not the case with you) if you didn't have any single conditions that failed medical retention standards, the "combined effect" rule requires the MEB to consider whether collectively any conditions not separately failing in combination result in you falling below medical retention standards. That is the purpose of Block 12. If that were the case, a YES answer in Block 12 likely would still result in a referral to the PEB, but a NO answer likely would result in a return to duty. The MEB has recommended your case get referred to a PEB and Block 12 is not a concern. Your PEBLO should have explained all this, although many are incapable of doing so due to a lack of training, expertise, or diligence.
 
Thank you all so much for your help with this. Follow on question. How do I handle complaints about my PEBLO? He has continuously left me in the dark and told me incorrect information. After he forwarded my packet to the PEB today they returned it for the commanders statement being incorrect. Now I have to wait for the commander to sign it again and we have a new command team so I don't know how long it is going to take. I told him this he laughed and said oh boy this is gonna be fun. I want to report him after my case is complete so that others thar hinge on information told by him never have to face this again.
 
MeerkatFromSkinnyKeep said:
Thank you all so much for your help with this. Follow on question. How do I handle complaints about my PEBLO? He has continuously left me in the dark and told me incorrect information. After he forwarded my packet to the PEB today they returned it for the commanders statement being incorrect. Now I have to wait for the commander to sign it again and we have a new command team so I don't know how long it is going to take. I told him this he laughed and said oh boy this is gonna be fun. I want to report him after my case is complete so that others thar hinge on information told by him never have to face this again.
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Their supervisor but it won't get you anywhere. They are just paper pushers. A lot of times they are in the dark. The only reach out when its time to review and sign something such as a NARSUM where you can concur or choose Rebuttal/IMR.
 
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