Does Admin Seperation override Medical Board?

J

jnj_0212

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About 2 years ago I was diagnosed with 2 rare conditions, Arnold Chiari Malformation and Pseudotumor. Both of these conditions caused me to have 4 brain surgeries starting in Nov 07 through Jan 08. I was put on medical board status after that on Apr 08. For some reason it took my Air Force Primary Care Manager forever to do my paperwork correctly and in October of 08 I fell and broke my elbow and snapped the main ligament in my wrist. My last surgery for my wrist was May 09 and I was told by Navy Medical on Base that they had to wait 6 months after my surgery before they could send my package back to med board. Now my command is try to admin seperate me b/c I failed my BCA for this PRT cycle and it is my 3rd one however, I am not allowed to do any working out due to my conditions. I was told by a few in my command that the new NAVADMIN that came out about PRT's overrides Med Board, is this right? Can they kick me out without sending me to my med board that I deserve to go to?
 
Hi there jnj,

Sorry to hear about your injuries/illness. I'm only answering cause no one else with more knowledge has yet & I didn't want you to think we're not here...we are and we all care.

I believe its true that in some cases there are admin separations that override medical separations....however, it sure sounds like that shouldn't be happening to you. If there is accurate documentation in your file-profiles, etc limiting your physical conditioning and thus resulting in failures, then you should be able to get this all straightened out and get through the medical board.

Hang in there for just a little longer til someone with more expertise in this area chimes in....meanwhile you can also search a little on this site-if you haven't already-if I'm not mistaken, this issue has come up before.

Take care.
 
Thanks, I keep hearing different things from different peopple in my command. I don't know what or who to believe anymore and just wish I could get a straight answer.
 
I know Jason can best answer this. He has many stories of how military personnel are given the boot out the door (and don't let it hit you in the ass on the way out) and get an administrative separation before the DES is given a chance. There is always an after the fact recourse (BCMR) but it would be best to run this up the chain before it gets too far. It's your life and you have to take charge of it. Nobody can or will look out for your interests better than yourself. Supervisor, NCOIC, OIC, Commander, Commander's Commander...IG...Congressional.
 
jnj_0212-Like the others have stated, as long as you have documentation supporting your not being able to do certain PT events then you should not have anything to worry about. I do not understand all the Navy regs and acronyms you have listed but I am 99% sure this is correct. The sad part is most people usually do not keep profiles or other documentation listing what they can and can not do. Fortunately, you have had some rare illnesses and surgeries which should stand out and disprove your command. It is rather sickening to hear that your command is choosing to do this to you (even though it probably happens more than we'd know).

Hopefully Jason can provide some feedback for you on where to go from here. Keep us posted and good luck!
 
I'm not sure how the Navy does their fitness but in the AF even if you can't do any of the other excersises for your PRT you still have to meet body fat standards which you are required to mainain. I would look at the new reg that your command has referenced to see what it exactly states. For the second part if you already have a medical board they can still process an admin sep for you. Basically what will happen is that your command will process the paperwork but, they will have to wait to find the outcome of your medical board before they can admin sep you. If you are found to be unfit for service because of medical conditions your command can't admin sep you, you will be medically seperated. On the flip side if you are found fit for duty then your command can then admin sep you for not meeting fitness standards.
 
Well I have my answer from the Navy. I called a program called Navy Safe Harbor, they are there to help sailors like me and many others that have severe medical conditions and our commands are trying to get us out for other reasons. I am being sent to Medical Board this week as soon as my Dr. on base does my narrative. Thanks to everyone who took the time to read my problem and respond.
 
You are preumed fit until a PEB finds you unfit. The following is part of the answer.
Department of Defense INSTRUCTION
NUMBER 1332.38
November 14, 1996


E3.P3.4.1.2. Physical Fitness Test. Whether the member is medically prohibited from taking the respective Service's required physical fitness test. When an individual has been found fit by a PEB for a condition which prevents the member from taking the Service physical fitness
test, the inability to take the physical fitness test shall not form the basis for an adverse personnel action against the member.
 
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