MEB not initiated due to Mandatory Separation Date (ANG)

This post in on behalf of a colleague of mine. Currently in the ANG with over 20 years of service (18+ active duty) with a Mandatory Separation Date/retirement pending. While on title 10 active duty orders for over a year, the member suffered a mental health event which ultimately lead to a referral and admittance into an inpatient treatment care facility with a PTSD diagnosis. He was scheduled to separate/retire 1 July 24, but due to the placement in treatment was given an 30 day extension under 10 US Code 14519 - Deferment of retirement or separation for medical reasons.

Member is still in treatment for a few more days but will be separated at the end of the month. To compound matters, member recently tore his Achilles tendon while at the treatment center and has an anticipated recovery time of 12 weeks. I'm trying to understand how it is possible to separate a member currently on title 10 orders who is actively undergoing treatment for PTSD and a torn Achilles without initiating a MEB and retaining the member until the resolution of his case. Any help is appreciated.
 
I am only going by what I have seen and there are people on here that know way more. When I was Army medical there were many people who had PTSD dx who were not referred for MEB. Unless things have changed it was not an automatic MEB for PTSD dx. I actually deployed with people who had PTSD dx (at least that is what they told me). However like I said I am speaking only from my active duty experience and a few years ago. I also do not know much about NG or Army Reserve. When I was in as long as someone wasn't admitted to an acute medical unit they could separate.
 
Hello,

I too triggered the system and was being separated just before the 20 year mark in the ARNG. I formally disagreed with the removal and now have a PTSD LOD for events that are over 15 years old. And I am now at 20.5 years based on points and currently going through the MEB. So it is possible to correct.

The soldiers NG S-1 department, specifically the NG MSC (different from the VA MSC), needs to be contacted and informed of the situation with a paper trail. May need to go to Battalion or Brigade level. They need to generate LODs for the PTSD (regardless of time past) and for the soldiers new injury on title 10. Inform them that they must initiate an LOD investigation based on the diagnosis and ongoing treatment. It will then lead to a referral for IDES MEB/PEB.

Ensure that each and every item is a "referred condition" by the S-1 MSC for the IDES process regardless if it has an LOD or not. This is extremely important for Guard members.

See if the current treating doctors in the mental health clinic will fill out the DA FORM 2173 for each issue. This will start the LOD process as well, but must be emailed to the soldiers NG unit to start it. It will not carry over from the fulltime system to the NG.

There are regulations regarding this issue such as when a soldier must be retained on 10 due to injury. I will need to refresh on this.

This is absolutely worth fighting for due to Chapter 61 retirement.

Dave
 
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DaveK. I’ve been told our mental health can’t diagnose him with PTSD because they haven’t been treating him for a minimum of seven months. The problem obviously is he’ll be out of the service in seven months.
 
DaveK. I’ve been told our mental health can’t diagnose him with PTSD because they haven’t been treating him for a minimum of seven months. The problem obviously is he’ll be out of the service in seven months.
They don't have to diagnose him. He's already diagnosed.

Who diagnosed him in the first place? When you say he's inpatient is that military inpatient?

Sorry, missed the ANG vs ARNG .... language barrier there. And flight wings do handle things a bit differently. Maybe another ANG person here can chime in.
 
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He was diagnosed at a civilian Treatment Center after he received a referral from the Air Force to be admitted. I’m not entirely sure if it’s that the diagnoses can’t be made inside of seven months from first medical appointment or if a member can’t be considered for a MEB until 7 months have passed since starting treatment. If you have to wait seven months from treatment before MEB consideration then some members will have less rights than others solely based on the amount of retainability remaining.
 
He was diagnosed at a civilian Treatment Center after he received a referral from the Air Force to be admitted. I’m not entirely sure if it’s that the diagnoses can’t be made inside of seven months from first medical appointment or if a member can’t be considered for a MEB until 7 months have passed since starting treatment. If you have to wait seven months from treatment before MEB consideration then some members will have less rights than others solely based on the amount of retainability remaining.
To clarify a little more...he was referred while on title 10 status, but was released from active duty into the civilian medical center?

The reason I ask is because there are rules/regs protecting some with 18 yrs of active service while still on active service.

1176. Enlisted members: retention after completion of 18 or more, but less than 20, years of service​


§1177. Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation​

(a) Medical Examination Required.—(1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary who has been deployed overseas in support of a contingency operation, or sexually assaulted, during the previous 24 months, and who is diagnosed by a physician, clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on the service of the member while deployed, or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.
 
He was referred to a civilian treatment center while on title 10. He’s currently attending treatment while on title 10 orders. He will hit mandatory separation in 3 weeks prior to being completely cleared for mental health or a torn Achilles.

Basically trying to ensure that there isn’t any avenues he should be pursuing and that the AF is following proper procedures. Not sure if he should retain counsel or if there is even enough time to push back.

I had an error in the original post. He has 17.5 years AD.
 
He was referred to a civilian treatment center while on title 10. He’s currently attending treatment while on title 10 orders. He will hit mandatory separation in 3 weeks prior to being completely cleared for mental health or a torn Achilles.

Basically trying to ensure that there isn’t any avenues he should be pursuing and that the AF is following proper procedures. Not sure if he should retain counsel or if there is even enough time to push back.

I had an error in the original post. He has 17.5 years AD.
17.5 yrs is so close. I would definitely fight it. Dig through those regs and see if any can be applied. It's obvious he needs help. The goal would be forced retention on title 10 till resolved or medically retired.

Could you approach it from the title 10 side then? Reach out to the referring doctors. See if the active AF has a path for retention and MEB process due to these medical issues.
 
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