MEB Rebuttal

[longjohn]

Good evening all. Looking for some wisdom. I am active duty Air Force sitting at 19 years and 5 months time in. My desire is to get to my 20 year mark and retire. I recently received the 618 from my local MEB (recommend IPEB). My question concerns submitting a rebuttal letter based on the grounds of 'presumption of fitness" as stated in DoDI 1332.18:

6.5. PRESUMPTION OF FITNESS.
Service members who are pending retirement at the time they are referred for disability evaluation will be presumed fit for military service.
a. Presumptive Period.
The Secretaries of the Military Departments will presume Service members are pending retirement when the Service member’s referral into the DES occurs after any of these circumstances:
(3) An enlisted member is within 12 months of their retention control point, high year of tenure, or expiration of active obligated service, but will be eligible for retirement at that point.

My ODC is recommending not taking this route, because a return to duty finding "may impact my ratings". My concern is based on the fact that my current enlistment only carries me to July 20, 2024 - 3 months short of 20 years. I don't believe that the USAF would extend me past 20 July, because there is no reason for them to.

Am I short sighted here? If I can be returned to duty, and allowed to extend and retire, I can work the VA outside of the DES process. Thank you for any insight!

 

[chaplaincharlie]

If you are in the MEB PEB process you should be placed on med hold. This will extend your enlistment through the end of the PEB process. If you appeal everything you can ride the PEB system to 20. Talk to an attorney about the options to extend the process to 20. You may want to pay for an attorney consult. Getting to 20 is significantly better in terms of $$$$.

 

[longjohn]

If you are in the MEB PEB process you should be placed on med hold. This will extend your enlistment through the end of the PEB process. If you appeal everything you can ride the PEB system to 20. Talk to an attorney about the options to extend the process to 20. You may want to pay for an attorney consult. Getting to 20 is significantly better in terms of $$$$.

Thanks for the reply! Tracking that I should be on med hold, but don't believe that I am. From what I have read in the AFIs, AFPC should have sent me paperwork that I would still need to concur to. This should have been once I hit being 6 months out from my DOS, which I am, and so far nothing.

The ODC has gone over the standard options for extending the process - appeals and LAS. I have my concerns for those (potential TRDL conditions as an example.

I completely understand that getting to 20 is the best. That is why I think fighting back against the MEB is worth it. Its not a guarantee by a long shot that my rebuttal would work, but I lean heavily toward giving it a shot, unless I am missing something.

 

[Provis]

Thanks for the reply! Tracking that I should be on med hold, but don't believe that I am. From what I have read in the AFIs, AFPC should have sent me paperwork that I would still need to concur to. This should have been once I hit being 6 months out from my DOS, which I am, and so far nothing.

The ODC has gone over the standard options for extending the process - appeals and LAS. I have my concerns for those (potential TRDL conditions as an example.

I completely understand that getting to 20 is the best. That is why I think fighting back against the MEB is worth it. Its not a guarantee by a long shot that my rebuttal would work, but I lean heavily toward giving it a shot, unless I am missing something.

How much leave do you have saved? There are enough steps in the process that you should be able to delay until you hit 20 years. Is it possible to submit your retirement packet to retire right at 20 years? Once it goes in IDES it becomes more stressful and you don't get to plan when you will be out.

Definitely talk to legal for advice! The good news is that FPEB tend to be scheduled way out so if you appeal at every step and request FPEB then you should hit 20 years especially if you have a lot of leave saved up.

 

[longjohn]

How much leave do you have saved? There are enough steps in the process that you should be able to delay until you hit 20 years. Is it possible to submit your retirement packet to retire right at 20 years? Once it goes in IDES it becomes more stressful and you don't get to plan when you will be out.

Definitely talk to legal for advice! The good news is that FPEB tend to be scheduled way out so if you appeal at every step and request FPEB then you should hit 20 years especially if you have a lot of leave saved up.

Thanks for the reply Provis! I will only have 46 days by my current DOS. Low numbers are a long story involving mold and base housing and my family living in a different state.

So far, it has been impossible to submit for retirement. The USAF regulations and code 37 prevent me from doing PCSs, extending, reenlisting, separating, and/or retiring. The lack of a timeline/knowing is definitely stressful!

 

[chaplaincharlie]

Thanks for the reply! Tracking that I should be on med hold, but don't believe that I am. From what I have read in the AFIs, AFPC should have sent me paperwork that I would still need to concur to. This should have been once I hit being 6 months out from my DOS, which I am, and so far nothing.

The ODC has gone over the standard options for extending the process - appeals and LAS. I have my concerns for those (potential TRDL conditions as an example.

I completely understand that getting to 20 is the best. That is why I think fighting back against the MEB is worth it. Its not a guarantee by a long shot that my rebuttal would work, but I lean heavily toward giving it a shot, unless I am missing something.

As to Med Hold it isn’t done immediately, but as your reenlistment date draws near.