Is Boards use of "presumption of regularity" improper in Medical Retirement determinations?

seaairmariner

Well-Known Member
PEB Forum Veteran
Registered Member
"The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties."

Officers in the DES, discharge a whole litany of processes to the benefit of the service member. up and to the point of a fit or not fit determination.

You can not go back in time and do a DES on a member who did not get a DES applied.

The Boards are doing Fit Determinations outside the DES Process, so as to deny the change of honorable discharge to a Medical Discharge.

Service members who never went thought the DES are now coming back for a medical discharge retirement. Mainly because they had a service connected injury that the VA did rate after service, with no help or care, from the branch.
How can the board make a Fit Determination, claiming they act in place of the DES MEB PEB, when the service member never went through the actual DES MEB PEB process?
The service member was given a Honorable Discharge as if everything was ok.
So the service member received no process of the DES Manuals to include health care in service for their medical issues listed, no PEBLO officer notifications. The received no LIMDU etc.
 
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