Found unfit but being threatened administrative separation

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Cedar765

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So to start this off I will give some back story. I was sent to BLC last April and was dismissed because I couldn’t pass the apft. I immediately went to physical therapy and all sorts of different attempts to help heal my back because I couldn’t keep my back straight long enough to pass the apft. The paperwork finally went through to Bar me in October. Not 3 weeks later my Doctor initiated my MEB. I’ve gone through the majority of the process and have been found unfit by the PEB. Just waiting on my ratings.

Well today my NCOs have told me that I need to go the promotion board for my Bar review and if I didn’t they would chapter me out and basically throw away the Medboard. Is that possible at this point in the process?
 
I’m new to this process myself. First I’d ask you, is this your First Sergeant, Sergeant Major or a Commander who are saying these things? If not, I’d use their open door policy and let them know what’s happening. Give them a chance to fix it at the lowest level.

If you’re not getting taken care of, I’d personally use my Soldier’s counsel (lawyer) and let him/her know so they can point you to the correct regulations. I do know that the DES processing takes priority for all administrative separation actions (flags for pt failure or weight control).

I just attended a mandatory briefing last week and you’d be surprised how normal this is for command’s to be doing. Luckily the chief of processing the MED Boards said she’d personally call any command who does this and school them. Not everyone understands the regulations. Just be tactful and respectful when presenting your information. Don’t give them a reason to try and give you an Adverse Action flag because this could be a different situation all together.
 
The following discusses bars to continued service, Army. Perhaps it will be of some help.

New Bar to Continued Service Program - Effective 1 October 2016 <—-LINK

Ref: CH 13, AR 635-200: “Pursuant to para 13-2e, AR 635-200, initiation of separation proceedings is required for soldiers without medical limitations who have two consecutive failures of the Army Physical Fitness Test or who are eliminated for cause from Noncommissioned Officer Education System (NCOES) courses, unless the responsible commander chooses to impose a bar to reenlistment. “


Ron
 
Tell your PEBLO whats going on as well.
 
I will answer your question plainly.

No. They cannot chapter you for APFT Failure while you are in the IDES process. Since you are PEB complete and found unfit, you will not be chaptered out for APFT Failure.

Your best path forward is to meet your OMBUDSMAN, PEBLO and Soldiers Legal Counsel. Explain everything in detail, and allow them to deal with it. If the command retaliates against you, there are ways to deal with it and those 3 resources will square you away.

Just don't be disrespectful, continue to execute your military duties, be where they tell you to be and when they tell you to be there. As long as you talk to the above people, you should be fine. The last thing you want to do is pile an Article 15 or worse on top of an admin issue.
 
Here's my question. Do I have to perform a record apt while on the med board process even if I'm being medically retired for a mental disorder and not a physically one? I'm going through IDES right now. But from what I understand, performing any physical activities are discouraged especially an apft due to the fact that you could possibly injure yourself and cause a halt or delay to the med board process. Any help. I'm really not wanting to do anything that could possibly cause that. What rights, if any, do I have to say no to an apft?
 
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