MEB Process Questions

[beecee]

Hi everyone,

I just found out two days ago I am getting Med boarded and had a couple questions about the process.

Background: I was diagnosed with a med boardable condition in July 2022. I had my PHA in August 2022 and was apparently referred to AMRO at that time. Of note, I was never informed I was referred for this, was never assigned a PEBLO, and was never told anything about the process. Fast forward to March 2023 and I'm informed I'm being referred for a MEB. I still don't have a PEBLO assigned to me. I was recently accepted into a residency program that starts July2023 and requires a PCS.

After reading DAFMAN 48-108, my understanding is that the correct process was not at all followed. (Never informed of AMRO, never assigned a PEBLO, preliminary review has taken more than 45 calendar days, etc). My question is given that starting the MEB now would interfere with my PCS, am I able to fight its initiation to push it back a couple of months given the proper process was not taken? Any advice moving forwards? I understand I am being med boarded but would like to be able to PCS to begin my residency as it can't be delayed.

Thank you in advance!

 

[RuffBader]

By MEB did they recommend full MEB or did they just do an IRILO?

 

[AF PEBLO]

No, you will not be able to appeal the "Full MEB" disposition nor are you eligible to PCS.

 

[JoelPettit]

@beecee As an attorney, I can't give legal advice on a public forum, so I'll stick to general theory that may help you. The underlying logic in any adjudicative process is to redress harm(s) that resulted in some type of damages. In situations like yours, any damages, at this point, are purely speculative. I know what you're thinking: I must wait to suffer actual harm and be damaged before I can do anything? Yes. Proactive damage avoidance is very rarely possible in the legal arena, and rarer still in the administrative context. That said, DoDI 1332.18 establishes the baseline for the IDES process, giving the military departments the power to conduct the administrative steps as they see fit, unless specifically directed in the DoDI. Unless there is a specific sub-process to appeal these issues at this stage, you must wait for a stage in the process designated for appeals to be filed. On this point, at this stage, @AF PEBLO is correct.