Fit but unsuitable

P

Peterson09

PEB Forum Regular Member
So i was found fit but unsuitable. My unsuitable message is being sent out by my command.
I have been reading that they are changing the rules about this but what can i do?? Do i just take the ADSEP and go on with life? I know i still have the VA. Do i wait till i get out to fight? I don't see them keeping me in after the message comes back.
 
Yeah i am a little confused... When was your Formal PEB in DC? What were your conditions regarding your MEB? Just curious because i went through the FPEB on Dec 1 and still haven't gotten any results. Thanks
 
Fight it. They may not be aware, but the law has changed. Here is the text:

‘‘ 10 USC § 1214a. Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on
involuntary administrative separation due to unsuitability based on medical conditions considered in evaluation
‘‘(a) DISPOSITION.—Except as provided in subsection (c), the Secretary of the military department concerned may not authorize
the involuntary administrative separation of a member described in subsection (b) based on a determination that the member is
unsuitable for deployment or worldwide assignment based on the same medical condition of the member considered by a Physical
Evaluation Board during the evaluation of the member.
‘‘(b) COVERED MEMBERS.—A member covered by subsection (a) is any member of the armed forces who has been determined
by a Physical Evaluation Board pursuant to a physical evaluation by the board to be fit for duty.
‘‘(c) REEVALUATION.—(1) The Secretary of the military department concerned may direct the Physical Evaluation Board to
reevaluate any member described in subsection (b) if the Secretary has reason to believe that a medical condition of the member
considered by the Physical Evaluation Board during the evaluation of the member described in that subsection renders the member
unsuitable for continued military service based on the medical condition.
‘‘(2) A member determined pursuant to reevaluation under paragraph (1) to be unfit to perform the duties of the member’s office,
grade, rank, or rating may be retired or separated for physical disability under this chapter.
‘‘(3) The Secretary of Defense shall be the final approval authority for any case determined by the Secretary of a military
department to warrant administrative separation based on a determination that the member is unsuitable for continued service due
to the same medical condition of the member considered by a Physical Evaluation Board that found the member fit for duty.’’.
 
Jason,

The new provision only applies to members whose PEBs occured after the date the law was signed into affect, 7 January 2011. Still need to fight it but be aware of this limitation.

Mike
 
Mike,

Good point...in the posters case, I think it still may apply. He said the FPEB was in October, but I think the final disposition is the triggering event (at least that's what I would argue).

"(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the date of the enactment of this Act,
and shall apply with respect to members evaluated for fitness
for duty by Physical Evaluation Boards on or after that date."

I have seen very fast turnarounds on unsuitability findings, so I would have to ask, on what date did the PEB/CORB issue its findings? I think the date of final action on the case is the important date, not the date of the PEB hearing. It is quite plausible that he qualifies for the new law.

Even more important, though, is the fact that the unsuitability findings are only to be applied to conditions not constituting a physical (read as physical or mental) disability. I see no basis for finding that asthma is not a disability. No matter how you parse it, on the procedural issues (i.e., the new Section 1214a) or on the merits, it sounds like any involuntary separation is bogus.
 
Jason,
Just curious what that might mean in my case? I still have been awaiting the results of my formal board. Board was DEC 1. So now i am entering week 9 of the 8-10 week waiting period quoted by my JAG. No word from my PEBLO either, been calling and sending e-mails but nothing, i am just hoping he is on leave and not ignoring me. And just curious how is it possible for someone like in my case, that according to the DES manual, should get 10% how are people getting 0% i don't understand how you can get 0% disability and be discharged? Just confusing to me. Also i don't see to many posts on the Navy side of the FPEB. Am i one of the few that go through this? Just tired of waiting, it has taken its toll on my health, my family, and our well being. Any help would be great
 
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