Help separation date is 1 May 16

Melanieywg

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I Am an active duty officer. I was set to be involuntary separated on 1 May 2016. About 45 days before this date my doctor initatied a MEB I did not ask for this but physical therapy recommended it as I have not made any progress and I have been going for over 2 years (also not been able to take pt test go to range ruck or anything for 3 years). I was counseled by the doctor and started my process. My PEBLO put in for my extension as I would go past my seperation date my commander calls me in and basically first refuses to sign my paperwork and tells me I should just get out then 10 days later after a lot of back and forth with PEBLO OMBUDSMAN etc he brings me in and says he thinks its fishy my MEB starts so close to me having to be separated I explained to him I have been preparing for this to the point of my son moving so he would not miss any school looking for and accepting a job and my husband and I moving out if our home and shipping our goods to FL ahead if us. He disapproves my extension and writes a very ugly memo saying basically he doesnt think I should stay on active duty he finds it strange all this came about a month until I get out and he was not aware of my condition and did not think it warrants a MEB. The MEDCOM commander also disapproved my extension based on his memo and his recommendation. I have torn ligaments in both hips and torn meniscus in knees the Army cannot fix me. My PEBLO told me this does not mean I will not MEB but I may not be extended to do so. My packet went to HRC who she says has the final approving authority for extension. My question is how will I MEB if I am no longer on active duty? I will be finished will all my appts before my date and pretty much after that its all a waiting game. This is all going on while I am pregnant which my commander did mention in his memo and he suspects is the reason I want to stay in as well I am 23 weeks currently. I am so confused about my entire situation.
 
I cannot stress enough how much you need to seek a lawyer ASAP. A MEB should trump any separation especially if it is not due to misconduct. Was it misconduct or simply a 2x nonselect or OSB? None of us are here to judge you, but we cannot give good advice without all of the details. 1 May sounds a lot like OSB or 2x nonselect. The verbiage for such is that the officer must seperate NLT the first day of the 7th month after which the board results are released. If this is the case, lawyer up
Like a boss and watch your shitty commanders head spin for a while... He will
Likely write a last bitter OER but the joke will be on him if you get medical retirement...
 
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I would Also recommend putting the doc that initiated the MEB into direct contact with your commander, to dispel all of the speculation about how the timing was so suspicious.
 
Get an attorney, IDES has their own. You commander is not approving anything other than signing an affidavit -- why would the MEDCOM commander disapprove is out of my head; he should know better that MEB takes precedence over any administrative actions for separation.
 
I cannot stress enough how much you need to seek a lawyer ASAP. A MEB should trump any separation especially if it is not due to misconduct. Was it misconduct or simply a 2x nonselect or OSB? None of us are here to judge you, but we cannot give good advice without all of the details. 1 May sounds a lot like OSB or 2x nonselect. The verbiage for such is that the officer must seperate NLT the first day of the 7th month after which the board results are released. If this is the case, lawyer up
Like a boss and watch your shitty commanders head spin for a while... He will
Likely write a last bitter OER but the joke will be on him if you get medical retirement...

No misconduct it was board and even speaking to branch even with strong OERs the fact that my last 3 had profile on them it really hurt me
 
Get an attorney, IDES has their own. You commander is not approving anything other than signing an affidavit -- why would the MEDCOM commander disapprove is out of my head; he should know better that MEB takes precedence over any administrative actions for separation.

That's what I thought but apparently my commander went to see him as well. This is completely crazy and to my knowledge my commander and I have no issues aside from the fact I do not participate in any of his activities outside of work. He even stated specifically he really didn't "know me like that". I directly work for a Major who supports my MEB and is actually quite sad to be losing me at all.
 
Do you mean the OSB? If not disregard but if so, this may help.

"Frequently Asked Questions (FAQ) for Officers Selected by the Fiscal Year 2014 (FY14) Captain (CPT), Army Competitive Category (ACC) Officer Separation Boards (OSB) or Enhanced Selective Early Retirement Boards (E-SERB) as of 3 July 14

Q. What happens to an officer who is undergoing an MEB who is selected for OSB/E-SERB?

A. An officer currently undergoing an MEB/PEB (i.e. enrolled in the Integrated Disability Evaluation Systems or IDES) who is selected by the OSB/E-SERB board will still be notified of their selection. Their separation date will be the separation date established by the force shaping board which is 1 APR 2015 until the following events occur which could affect the officer's MRD.

If the officer's PEBLO (Physical Evaluation Board Liaison Officer) determines that the results of the MEB/PEB process will NOT be completed by the MRD established by the force shaping board, then the officer (working through the PEBLO) can request an extension by submitting that request through the Office of the Surgeon General.

If an officer selected by the force shaping board is undergoing medical treatment but it is not referred to a MEB/PEB process (i.e. officer is not enrolled in IDES) then the officer's separation date will be set based on the officer's election in the Acknowledgement Memorandum, which will be no later than 1 APR 2015."

Office of the Surgeon General authorizes your extension; not a company or field grade in MEDCOM or your CoC.
 
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