Early Separation and MEB

S

sarah

PEB Forum Regular Member
Registered Member
So I seem to be in one horrible mess, and I need as much help as I can get...

In December, 2010 I was told an MEB would be started for being diagnosed with vasovagal syncope (fainting). My first PCM told me that my MEB would be submitted by January, 2011. I'm not sure if she ever started the paperwork, but I was put on a profile and mobility restrictions, and my profile stated an MEB was being started. After this I was then referred to see a neurologist which then held up that initial MEB. Roughly 3 more times I was told an MEB was going to be started, and then after finding out she was going to be moving to a different clinic, she told me it was going to be completed before she left. That didn't happen. February 2012 I met my new PCM and asked him the status of my MEB. He told me he had no idea of any MEB and that none had been started, and that he didn't think I needed one. I proceeded to tell him that it's a chronic condition and I was told, per AFI, that it needed to be med boarded. He had me go to the MEB office to double check. I went, and they said they had no files on me. Then in March I got phone calls saying that I had tons of paperwork floating around for an MEB and that it needed to be started. I explained that I'm on a trial for medication until August and they said they would wait until that was over to initiate.

Well, after doing a lot of thinking and seeking a lot of counseling, I've decided to voluntarily separate the AF. The problem... I was told that AFPC may reject the package because an MEB has been initiated... even though it hasn't really...

To be completely honest, I am freaking out quite a bit. I can't fathom being in medical limbo for another year. I really can't. The reasons for my voluntary separation are multiple traumatic events that have happened, and how I'm left now mentally and emotionally, I would hope that would trump the MEB, but of course... that would be too simple.

Has anyone been put in a similar situation, and does anyone have any advice or input for what I can/should do? Since it's not actually initiated, can I have them remove the code? Is there some "quick" version of an MEB (I've heard of MEBs being initiated while people are out-processing)?

Thank you so much for your time and help. (Sorry for so much text, this is the short version. Haha)
 
An MEB/PEB is typically never easy. Only you can decide if the pros outweigh the cons. I would caution against voluntarily separating if you have medical conditions. You might have to rely on the VA for care and many can attest to that not being adequate.
 
For me the MEB isn't worth it, at all. The condition is very, very minor. The problem I'm having is actually moving forward with the voluntary separation, because my command seems to be so wrapped around the MEB right now. I wasn't given a straight answer as to whether or not the MEB would prevent the process... but just the idea of that possibility floating around scares me. My superintendent was asking if there was some way the MEB could just be removed so I could push through with the separation, but no one knows.
 
E3.P2.7. Waiver of MEB/PEB Evaluation.
In certain circumstances, Service members may waive referral to the PEB with the approval of the Secretary of the Military Department. The member must be counseled on the DES process; his or her right to a PEB; and the potential benefits of remaining in an active duty or Active Reserve status for purposes of completing evaluation by the DES. The member must request a waiver in writing, and such request, or an affidavit, must attest that the member has received the counseling described above and declines referral to the PEB. Waiver requests are authorized when either:
E3.P2.7.1. The MEB reflects that the member's medical condition existed prior to service and was not aggravated by service.
E3.P2.7.2. Physical disability evaluation requires extension past the date of the member's Service agreement or an approved retirement date, and the member does not consent to retention.
E3.P2.7.2.1. Members of a Reserve component on active duty under a call to duty of more than 30 days may continue disability evaluation upon release from active duty provided they maintain a Ready Reserve status. However, they must sign a waiver declining retention on active duty.
E3.P2.7.2.2. Members approved for separation under any program which incurs a Reserve obligation and who have conditions which are cause for referral into the DES are prohibited from waiving physical disability evaluation.
E3.P2.7.3. A Service member reaches the end of active obligated Service and has no remaining Service obligations.

E5. ENCLOSURE 5
CONDITIONS AND CIRCUMSTANCES NOT CONSTITUTING A PHYSICAL DISABILITY
E5.1.1. PURPOSE. To detail conditions which do not constitute a physical disability. E5.1.2. GENERAL CONSIDERATIONS
E5.1.2.1. Certain conditions, circumstances and defects of a developmental nature designated by the Secretary of Defense do not constitute a physical disability and are not ratable in the absence of an underlying ratable causative disorder. If there is a causative disorder it will be rated in accordance with other provisions of this Instruction.
E5.1.2.2. These conditions, circumstances and defects include but are not limited to those listed in paragraph E5.1.3., below.
E5.1.2.3. Such conditions, circumstances and defects should be referred for appropriate administrative action under other laws and regulations.
E5.1.3. SPECIFIC CONDITIONS AND OTHER CIRCUMSTANCES E5.1.3.1. Enuresis E5.1.3.2. Sleepwalking and/or Somnambulism E5.1.3.3. Dyslexia and Other Learning Disorders
E5.1.3.4. Attention Deficit Hyperactivity Disorder E5.1.3.5. Stammering or Stuttering E5.1.3.6. Incapacitating fear of flying confirmed by a psychiatric evaluation. E5.1.3.7. Airsickness, Motion, and/or Travel Sickness. E5.1.3.8. Phobic fear of Air, Sea and Submarine Modes of Transportation E5.1.3.9. Certain Mental Disorders including:
E5.1.3.9.1. Uncomplicated Alcoholism or other Substance Use Disorder E5.1.3.9.2. Personality Disorders E5.1.3.9.3. Mental Retardation E5.1.3.9.4. Adjustment Disorders
DoDI 1332.38, November 14, 1996
72ENCLOSURE 5Paraphilias
E5.1.3.9.5. Impulse Control Disorders E5.1.3.9.6. Sexual Gender and Identity Disorders, including Sexual Dysfunctions and
E5.1.3.9.7. Factitious Disorder E5.1.3.10. Obesity. E5.1.3.11. Overheight. E5.1.3.12. Psuedofolliculitis barbae of the face and/or neck. E5.1.3.13. Medical Contraindication to the Administration of Required Immunizations. E5.1.3.14. Significant allergic reaction to stinging insect venom.
E5.1.3.15. Unsanitary habits including repeated venereal disease infections. E5.1.3.16. Certain Anemias (in the absence of unfitting sequelae) including G6PD
Deficiency, other inherited Anemia Trait, and Von Willebrand’s Disease. E5.1.3.17. Allergy to Uniformed Clothing. E5.1.3.18. Homosexuality.
 
Thank you so much! I'll look more into it. I may just be out of luck and have to hope AFPC approves it... hopefully that won't be the case. Before the MEB became an issue, everyone seemed certain it would be accepted.
 
Chapter 2
MEDICAL TREATMENT FACILITY (MTF) PROCESSING RELATED TO DISABILITY EVALUATIONS
2.1. Medical Evaluation Boards (MEB). AFI 48-123, Medical Examination and Standards, gives the rules for competency boards and MEBs, their documentation, appropriate recommended actions, and the disposition of evaluees and their records. In addition, the PEB requires specialty evaluations, such as cardiology consultations for heart conditions or psychiatric consultation for mental conditions. Documentation sent to the PEB for adjudication must not be over 90 days old when received at AFPC. When there is a question about the member's ability to act in his or her own behalf, or if there is a change from a prior competency determination, a competency board must be conducted.EXCEPTION: This 90-day time limit does not apply in cases of members of the Ready Reserve whose non-duty related impairments are being evaluation by the PEB for a determination of fitness only under Chapter 8, Section 8E.
2.2. Role of the Medical Officers in the MEB Process.
2.2.1. The attending physician at the medical treatment facility (MTF) will: 2.2.1.1. Conduct the examination.
2.2.1.2. Prepare the documents required to identify medical defects or conditions that may disqualify the member for continued active duty (AD).
2.2.1.3. Refer the case to a MEB. 2.2.2. Medical officers on the MEB will:
2.2.2.1. Evaluate the documentation. Recommend the disposition of the MEB case and refer it to the approving authority as outlined in AFI 48-123.
2.3. Role of the Physical Evaluation Board Liaison Officer (PEBLO). The PEBLO will: 2.3.1. Ensure disability cases referred to the PEB are complete, accurate, and fully documented. 2.3.2. Counsel evaluees concerning their rights in the disability process (see Attachment 2). 2.3.3. Maintain coordination with the member, medical facility, MPF, and HQ AFPC/DPPD.
2.4. Role of Commander and Supervisor. Except in situations of critical illness or injury in which return to duty is not expected, a written statement from the member's immediate commanding officer or supervisor describing the impact of the member’s medical condition on normal military duties and ability to deploy or mobilize, as applicable, will be submitted with the documentation required by AFI 48-123.
2.5. Hospitalization During or After Disability Evaluation. If disability processing is not completed, the MTF must obtain authorization from HQ AFPC/DPPD before moving the member to a VA hospital for long-term inpatient care. When the evaluee's medical condition requires continued inpatient care after completion of disability processing, hospitalization will be at the referring hospital, another military facility, or a VA or civilian medical facility.
2.6. Recall of Case. If a major change in the diagnosis or in member’s condition is discovered, the referring MTF commander may recall the case for further medical evaluation and newAFI36-3212 2 FEBRUARY 200613
medical board or addendum, as appropriate. The commander sends a report of circumstances and request for recall to AFPC/DPSD.
2.6.1. DELETED.
2.6.2. DELETED.
2.7. Expedited DES Process for Members with Catastrophic Conditions and Combat- Related Causes. Military medical authorities, the Federal Recovery Care Coordinator, PEBLOs, treating physicians, medical and non-medical case managers collaborate in identifying members who are qualified for referral to the expedited DES process. The PEBLOs work to obtain a medical declaration of catastrophically ill or injured through the DES.
2.7.1. The PEBLO transmits the following minimum documentation to AFPC/DPSD: a narrative summary of care describing, at minimum, the member’s course of medical treatment since injury, current condition, description of the treatment plan and prognosis. Narrative summary must be signed by the senior attending physician. Once the PEB has made the catastrophic determination, processing will continue as outlined in DoDI 1332.38, Enclosure 9, paragraph E9.4.
2.7.2. DELETED.
2.8. DELETED.
2.9. Referral for Pre-Separation Counseling. As soon as it is evident that a member will meet an MEB, the PEBLO refers the member to the MPF for pre-separation counseling in accordance with AFI 36-2102, Base- Level Relocation Procedures. Although final disposition is unknown at this point, early counseling is necessary to satisfy requirements of 10 U.S.C. 1142.
 
If this hasn't taken place I would think you could argue that an MEB isn't in process and that your voluntary separation should be allowed to go through. Hopefully others chime in here.
 
Ah, thank you again! I'm hoping my first sergeant will be able to find out exactly what's going on... I've been told so many different stories about my paperwork, and I guess he was told by my wing's Chief to figure it out.

Another thing that confuses me... if they do remove my MEB, does that then mean I have to apply for Palace Chase and start the voluntary separation package all over again? The voluntary separation says the person applying has to try applying for Palace Chase before applying for separation, unless they're ineligible (in my case, the MEB made me ineligible)... That's not an MEB question though, so no worries if no one answers that. Heh
 
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