Negative letter? Advice please

Matt8888

Matt8888

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Hello,

I was informed today that I will be getting a negative NMA. They believe that I am trying to "ride the system". The basis is that I waited so long to get help for my condition (PTSD), ran numerous partial PFT's without going on limited duty, and they state that I keep telling people different things (possibly true due to my condition but in no way on purpose). Article 107 was also tossed around a few times. I was also told to expect to be found fit for duty based on the letter and prepared to run a PFT. I have not seen the letter yet by the way.

Need advice on how I should proceed... I feel victimized in a sense that I have not done anything wrong and it is more personal than professional.
 
Just wait for the NMA. There is specific info that is required to be in it. If you disagree, write a rebuttal after you see it. As for them telling you it's going to be a negative NMA? Sounds like "hot air." It would look very unprofessional for them to write a letter that sounded like a 5th grader upset that he was called out in a game of kickball. Your CO will not want to look bad so just let them put it together.

Also, if you can't run a PFT, get your waiver from medical!!!
What branch?

Article 107 is punitive in nature. Therefore a PEB doesn't protect you like non-punative charges. Whatever happened, is happening to cause them to consider an article 107 needs to be carefully "evaluated," by you. If you have actually done something that warrants this seek counsel. Hopefully it's just anther scare tactic.
 
I would be very surprised if they write anything but negative comments to be honest. This whole thing has been nothing but unneeded stress. It's funny because at first I was and still am questioned about starting the MEB myself even after providing paperwork of the referral from my doctor. Now, the points made is I waited to long to get help, ran numerous partials, and my story is not consistent. I've had nothing but negative comments directed towards me since this board came to light. I have been told "bitch please, that isn't anything" to "do not trust your doctors". Just not sure why this would or could happen to anyone, this is the reason service members shy away from getting help they need.

I have had a light/limited duty waiver for all PFT's that I ran a partial in. All were ran and posted to my records. I also am going to talk to the DES attorney setup by my PEBLO regarding this. Concerning the article 107, I am in no way worried about that as I have not done anything wrong.

Thank you for the advice though, is a rebuttal the only avenue to go down? Is there an impartial review or anything else?
 
The NMA is your boss's assessment. You can sit down with him and try to influence it or write your own to "help him out," but otherwise he can write it how he wants. In your defense you can write a rebuttal to the PEB and also include supporting evidence such as co-workers 1st person accounts, etc.

Try and stay under the radar as much as possible and let the "threats" roll off your back.

Good deal, meet with the attorney.
Also, don't disclose medical information to your bosses. It's a violation of privacy law for them to ask for or require medical records or info. It's a tough situation to be in, but if your command is using medical against you, don't give them any extra ammo. Keep your medical records between you and your doctor. Personally I wouldn't provide my command anything, but my limited/light duty chits.
 
Yes, I did have a sit down with the boss and was read my rights but told I was not in trouble and provided basic answers. I think you are correct in letting the threats go as they contain no substance. I do know that my command has contacted my doctor numerous times but am unsure of what information was disclosed, they were all e-mail conversations and I think my doctor has them on file. Again, thank you for the response, this whole ordeal has really added a level of stress I did not expect.
 
Matt,

Sorry to hear your CoC is doing this to you. I know believe me I KNOW, the amount of BS a squadron can put you through. Don't let up, if you are having some memory issues, right down all the facts of your particular case and take it with you. Print out a summary of events and when anyone asks reference it. Being read your rights?? That sounds a little odd, that they didn't do anything following that meeting OR THEY were trying to establish for the record in their eyes an official basis to now see what in your "story" changes from now on. I've been arrested, demoted once, currently my CC is trying to demote again (WITH offical results of the PEB having come thru vindicating me), I've had 3 or 4 LOR's, and an Admin Separation package put in against me. So stay strong man, I know it sounds easier than done some times, but don't let them rattle you. The thing I find interesting about being read your rights, is this, who else besides you and your supervisor where there? I know from MY experience when I was read my rights by Security Forces, I Shut up at that point, they kept asking me questions, and I just told them I want my Lawyer. (ADC) They were like, well we called ADC and they're on the way over, but kept asking me questions, till I finally looked at em again, 1 1/2 hrs later and said, "Gentlemen, I'm not sure what part of I'm not answering anymore questions until my lawyer gets here you didn't understand, but let me rephrase it. I refuse to say ANOTHER WORD till my ADC lawyer gets here" At that point they moved me into another room, and then took me for a Drug Test, and then returned me to the custody of my squadron. ADC Never came and told me they never even received a call. So when I'm read my rights, I have the right to legal representation, middle finger, I'm done. =P

Again remember we are all in this to help you throughout the process let us know how things are going.
v/r
Klam
 
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