HELP!-Referral to 2nd MEB After Being Found FIT

[NAV LDO]

I'll try to keep this brief. I went through an MEB, and subsequent PEB, and was found FIT last December. Since such time, one of my conditions have progressed, causing me to miss more time from work due to SIQ days or Appointments. I have had a Navy PRT Waiver for the last two cycles for both Core and Cardio events.

My PCM sent me an e-mail stating that I am not 'eligible' for another MEB until Jun, and as such, will be required to perform at least one Core event and the Cardio event, or risk Administrative Separation. No instruction or reference provided, of course, just that he spoke via a phonecon to the 'PEB desk'.

I'm simply flabbergasted. I've never heard of a member being forced to conduct a portion of the PRT that they physically can't, or risk processing for Administrative Separation. If this is true, can someone point me to an actual instruction that says this? SECNAVINST, OPNAVINST, MANMED, BUMED, BUPERSINST, MILPERSMAN...anything??

I'm requesting guidance from anyone who might be able to assist me, as I've been in the Navy for over 22 years, and have never heard of this.

Thanks!

 

[chaplaincharlie]

That sounds very fishy. Someone is taking a short cut. I'd contact the sailors counsel ASAP.

 

[NAV LDO]

Thanks. It does. I did contact the JAG and he basically stated that my Primary Care Manager (PCM) makes the call on whether he will waive the events. At this point, it isn't a 'legal' issue, but if he chooses not waive the events, and I subsequently 'Fail' the events based upon inability to complete the exercises, they MAY be able to attempt an Admin Sep Board. At which time, THEN it would become a legal issue and I would secure legal counsel and fight it at that point.

I do not really like that answer, but I understand it. If that becomes the case, though,--basically, my PCM refusing to waive events that I have been waived for, for a couple of years now--then I will immediately seek legal counsel and not wait until I 'Fail' the PFA, or hurt myself trying to pass. I was found 'FIT' based upon my NMA stating that yes, I can do my job, but I also have limitations on what types of duty I can perform and where. A 'FIT' finding does not presume ability to all of a sudden, complete PFA events.

Anyway, thank you again for the reply.