New to the FPEB Process

F

fletchertpf2009

PEB Forum Regular Member
Registered Member
Hello everyone,
I am new to this side of the forums. I was following along through the Navy Case timelines, for my IDES MEDBOARD process. I just received my IPEB results yesterday afternoon and have until 07MAR to give my response (I’m goi g to appeal).
I am a Naval Officer with just over 19.5 years and it was recommended by the IPEB Board that I be released from AD with severance based on a 10% DOD and 90% VA determination.
I am looking to eventually submit for a VARR because of my referred condition being rated at 10% (which I feel is absurd) and the Navy (PERS) directed me down this path.
What advice, guidance, or recommendations do you all have for my situation? I was originally planning to stick it out to 25 years and now all I want is to make it to 04AUG24 to reach retirement eligibility and receive what I deserve after serving my country. Thank you all for your time and consideration.
 
fletchertpf2009 said:
Hello everyone,
I am new to this side of the forums. I was following along through the Navy Case timelines, for my IDES MEDBOARD process. I just received my IPEB results yesterday afternoon and have until 07MAR to give my response (I’m goi g to appeal).
I am a Naval Officer with just over 19.5 years and it was recommended by the IPEB Board that I be released from AD with severance based on a 10% DOD and 90% VA determination.
I am looking to eventually submit for a VARR because of my referred condition being rated at 10% (which I feel is absurd) and the Navy (PERS) directed me down this path.
What advice, guidance, or recommendations do you all have for my situation? I was originally planning to stick it out to 25 years and now all I want is to make it to 04AUG24 to reach retirement eligibility and receive what I deserve after serving my country. Thank you all for your time and consideration.
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wow you need to request a FPEB too to delay. Hitting 20 years is paramount. Even if they raise your % by not hitting 20 years you lose CRDP which in your case is thousands of dollars per month. Consider talking to a private IDES attorney. Also, consider reaching out to a congressperson. No one should be kicked out with severance with only months left to reach their regular retirement.

Also, is there a program that can keep you in until you hit 20 years? In the Army we have COAD. It allows you to stay on even if unfit just until you hit 20 years and this is a perfect example.
 
fletchertpf2009 said:
Hello everyone,
I am new to this side of the forums. I was following along through the Navy Case timelines, for my IDES MEDBOARD process. I just received my IPEB results yesterday afternoon and have until 07MAR to give my response (I’m goi g to appeal).
I am a Naval Officer with just over 19.5 years and it was recommended by the IPEB Board that I be released from AD with severance based on a 10% DOD and 90% VA determination.
I am looking to eventually submit for a VARR because of my referred condition being rated at 10% (which I feel is absurd) and the Navy (PERS) directed me down this path.
What advice, guidance, or recommendations do you all have for my situation? I was originally planning to stick it out to 25 years and now all I want is to make it to 04AUG24 to reach retirement eligibility and receive what I deserve after serving my country. Thank you all for your time and consideration.
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Also save all of your leave!
 
Provis said:
wow you need to request a FPEB too to delay. Hitting 20 years is paramount. Even if they raise your % by not hitting 20 years you lose CRDP which in your case is thousands of dollars per month. Consider talking to a private IDES attorney. Also, consider reaching out to a congressperson. No one should be kicked out with severance with only months left to reach their regular retirement.

Also, is there a program that can keep you in until you hit 20 years? In the Army we have COAD. It allows you to stay on even if unfit just until you hit 20 years and this is a perfect example.
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To my knowledge, I don’t think there is one in the Navy, at least not that I’ve seen/heard of. I believe the Marines have a program?
 
Provis said:
Also save all of your leave!
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I have plenty of leave days to sell back. I was already told by admin I cannot use my accrued leave as an extension for terminal leave once I receive my retirement/separation orders. I will have 45-60 days to process out, then obviously I will have the standard 20 days of leave for house hunting and job hunting.
 
fletchertpf2009 said:
I have plenty of leave days to sell back. I was already told by admin I cannot use my accrued leave as an extension for terminal leave once I receive my retirement/separation orders. I will have 45-60 days to process out, then obviously I will have the standard 20 days of leave for house hunting and job hunting.
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wow the Navy sucks! The Army allows you to extend out retirement orders if medically retired if signed off by an O6.
 
fletchertpf2009 said:
I have plenty of leave days to sell back. I was already told by admin I cannot use my accrued leave as an extension for terminal leave once I receive my retirement/separation orders. I will have 45-60 days to process out, then obviously I will have the standard 20 days of leave for house hunting and job hunting.
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Don't panic yet. When you request a FPEB that might be far out. They can be very far out and that is your best hope. That will also give you more time to work on VARR since the VARR isn't done until after the FPEB.
 
fletchertpf2009 said:
I have plenty of leave days to sell back. I was already told by admin I cannot use my accrued leave as an extension for terminal leave once I receive my retirement/separation orders. I will have 45-60 days to process out, then obviously I will have the standard 20 days of leave for house hunting and job hunting.
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Contact legal, I know what they want, but I’m not sure you can be forced to sale leave.
 
@fletchertpf2009 I am a former IPEB, FPEB, and TDRL Navy/Marine Corps attorney. Now a private attorney, focused solely on IDES cases. Because it would be irresponsible and unethical to give legal advice on a forum, I will say this: your issue is EXCEEDINGLY common. Reach out to the FPEB counsel once he/she is assigned. Look into Permanent Limited Duty (PLD). The long and the short of the program is as follows: if your current command is willing to keep a broken Sailor who has a de minimis amount of time left until his/her 20-year mark, the likelihood of getting PLD approved is high. The catch is, the longer you need to stay in active duty, the higher up the chain the approval needs to go at PERS; hence, the shorter the time on PLD requested, the more likely it is to get approved.

Look here for an overview: Permanent Limited Duty

Hope this helps.

S/f, Joel Pettit
 
JoelPettit said:
@fletchertpf2009 I am a former IPEB, FPEB, and TDRL Navy/Marine Corps attorney. Now a private attorney, focused solely on IDES cases. Because it would be irresponsible and unethical to give legal advice on a forum, I will say this: your issue is EXCEEDINGLY common. Reach out to the FPEB counsel once he/she is assigned. Look into Permanent Limited Duty (PLD). The long and the short of the program is as follows: if your current command is willing to keep a broken Sailor who has a de minimis amount of time left until his/her 20-year mark, the likelihood of getting PLD approved is high. The catch is, the longer you need to stay in active duty, the higher up the chain the approval needs to go at PERS; hence, the shorter the time on PLD requested, the more likely it is to get approved.

Look here for an overview: Permanent Limited Duty

Hope this helps.

S/f, Joel Pettit
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Mr. Pettit,

Thank you very much for reaching out and supporting me with more avenues to work my case/situation. I just went through your YouTube videos maybe 2-3 weeks ago.
I’ve looked into the PLD Instruction and the MyNavyHR website and am not sure if I would qualify for this. I do not fill a critical job and because I’m an Officer, I do not have an NEC “Responsible” role. With all of that said, I do have a drafted PLD statement request and Command Endorsement that I need to get reviewed with FPEB counsel and routed through my CoC, if/when that time comes. It is my understanding that I will have to accept board findings, before I can submit for PLD to PERS? Thank you so much for your time!!

V/r
Tim
 
Tim. You qualify to apply and that's all that matters. By the time you apply you will, worst case, have 90 days until your 20-year mark (most likely fewer days than that). That means all those "disqualifying" attributes you mentioned count for less and less. The folks approving PLD packages don't just throw them out based on arbitrary administrative obstacles: your importance to the Navy will be conveyed in your Command Endorsement. After all, they will be the ones dealing with any limitations you may have. In the end, the likelihood you will need this mechanism is low, at best.
 
JoelPettit said:
Tim. You qualify to apply and that's all that matters. By the time you apply you will, worst case, have 90 days until your 20-year mark (most likely fewer days than that). That means all those "disqualifying" attributes you mentioned count for less and less. The folks approving PLD packages don't just throw them out based on arbitrary administrative obstacles: your importance to the Navy will be conveyed in your Command Endorsement. After all, they will be the ones dealing with any limitations you may have. In the end, the likelihood you will need this mechanism is low, at best.
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Thank you for your insight. My PEBLO told me the formal board would possibly be 3ish months, from my appeal submission in March. She also mentioned there is an appeal process from the formal board as well, but I am not familiar with that or if it would be anything beneficial or if I should continue with the PLD if it is needed.
 
Like Joel Pettit, the focus of my practice is on the IDES process and has been for the past twenty-five years. The advice that he has given you is spot-on accurate, and your goal is achievable regarding reaching 20 years of active service.

The post-FPEB appeal process involves either a written Petition for Relief or a brief 15-minute live hearing before a single adjudicator identifying why the previous decision constitutes a mistake of fact or law, or submitting new and material evidence such that the FPEB members would have reached a different decision, if they had that evidence available.

The live hearing is normally held within 15 days of your request for a post-FPEB hearing and is a great chance for your counsel to restate your case and respond to the points made in the FPEB rationale, as well as allowing your counsel to respond to any questions that the adjudicator may have.

Note- if requesting a hearing, your counsel should still submit a written brief outlining the relief that you are seeking and providing the evidence that supports that request. After these appeal options are exhausted, then you can submit your VARR and PLD package at that point. The VARR may take anywhere from 2-8 weeks to process, leaning more toward 4-8 weeks on average from the VA-DRAS in Providence. Thus, your goal is achievable- you just need to work with your assigned Code 16 counsel or your retained civilian counsel to implement the steps that Joel and I described in our responses to enhance your odds of success.
 
johnbgately said:
Like Joel Pettit, the focus of my practice is on the IDES process and has been for the past twenty-five years. The advice that he has given you is spot-on accurate, and your goal is achievable regarding reaching 20 years of active service.

The post-FPEB appeal process involves either a written Petition for Relief or a brief 15-minute live hearing before a single adjudicator identifying why the previous decision constitutes a mistake of fact or law, or submitting new and material evidence such that the FPEB members would have reached a different decision, if they had that evidence available.

The live hearing is normally held within 15 days of your request for a post-FPEB hearing and is a great chance for your counsel to restate your case and respond to the points made in the FPEB rationale, as well as allowing your counsel to respond to any questions that the adjudicator may have.

Note- if requesting a hearing, your counsel should still submit a written brief outlining the relief that you are seeking and providing the evidence that supports that request. After these appeal options are exhausted, then you can submit your VARR and PLD package at that point. The VARR may take anywhere from 2-8 weeks to process, leaning more toward 4-8 weeks on average from the VA-DRAS in Providence. Thus, your goal is achievable- you just need to work with your assigned Code 16 counsel or your retained civilian counsel to implement the steps that Joel and I described in our responses to enhance your odds of success.
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Thank you so much for your help and information. I was not aware of the written petition for relief until recently. I have a lot more research to do and get smart on this process! Thank you again!
 
JoelPettit said:
@fletchertpf2009 I am a former IPEB, FPEB, and TDRL Navy/Marine Corps attorney. Now a private attorney, focused solely on IDES cases. Because it would be irresponsible and unethical to give legal advice on a forum, I will say this: your issue is EXCEEDINGLY common. Reach out to the FPEB counsel once he/she is assigned. Look into Permanent Limited Duty (PLD). The long and the short of the program is as follows: if your current command is willing to keep a broken Sailor who has a de minimis amount of time left until his/her 20-year mark, the likelihood of getting PLD approved is high. The catch is, the longer you need to stay in active duty, the higher up the chain the approval needs to go at PERS; hence, the shorter the time on PLD requested, the more likely it is to get approved.

Look here for an overview: Permanent Limited Duty

Hope this helps.

S/f, Joel Pettit
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Do you know if there is PDL for Air Force too?
 
Yes. Visit: USAF Integrated Disability Evaluation System

LIMITED ASSIGNMENT STATUS (LAS). If have between 15 and 19 years of service and are motivated to remain on active duty even though found unfit by the PEB, you may apply to be retained on active duty under the LAS program. This program allows the Air Force to keep needed experience and skills. To apply for LAS, you must first be found unfit by a PEB and concur with that finding. Then, if you meet the eligibility criteria, you must submit a formal request for this status. Due to the unique requirements of the Reserve and Guard components, ARC members are not eligible to apply for LAS. Additionally, if you are recommended for Temporary Disability Retirement (TDRL), you are not eligible to apply for LAS as your condition is considered unstable. Under the LAS program, eligible members may be retained if they meet all of the following requirements:

1. Have accepted an unfit finding by a Physical Evaluation Board and applied for LAS.

2. Have a stable unfitting condition.

3. Can be maintained in the military environment without adversely affecting themselves or their co-workers.

4. Will not require inordinate medical care.

5. Have expertise in a specialty that the Air Force needs

If approved for LAS, you must undergo an annual physical examination and may require an MEB (and PEB) based on the results of the examination and the continued need for your grade and specialty.

Members retained in LAS will not be held on active duty past 20 years of active service. Individuals retained in LAS do not have to overcome the presumption of fitness when they approach their normal separation or retirement dates. A full MEB will be accomplished to determine your final disposition. (permanent retirement or return to duty).

Hope this helps. S/F, Joel
 
JoelPettit said:
Yes. Visit: USAF Integrated Disability Evaluation System

LIMITED ASSIGNMENT STATUS (LAS). If have between 15 and 19 years of service and are motivated to remain on active duty even though found unfit by the PEB, you may apply to be retained on active duty under the LAS program. This program allows the Air Force to keep needed experience and skills. To apply for LAS, you must first be found unfit by a PEB and concur with that finding. Then, if you meet the eligibility criteria, you must submit a formal request for this status. Due to the unique requirements of the Reserve and Guard components, ARC members are not eligible to apply for LAS. Additionally, if you are recommended for Temporary Disability Retirement (TDRL), you are not eligible to apply for LAS as your condition is considered unstable. Under the LAS program, eligible members may be retained if they meet all of the following requirements:

1. Have accepted an unfit finding by a Physical Evaluation Board and applied for LAS.

2. Have a stable unfitting condition.

3. Can be maintained in the military environment without adversely affecting themselves or their co-workers.

4. Will not require inordinate medical care.

5. Have expertise in a specialty that the Air Force needs

If approved for LAS, you must undergo an annual physical examination and may require an MEB (and PEB) based on the results of the examination and the continued need for your grade and specialty.

Members retained in LAS will not be held on active duty past 20 years of active service. Individuals retained in LAS do not have to overcome the presumption of fitness when they approach their normal separation or retirement dates. A full MEB will be accomplished to determine your final disposition. (permanent retirement or return to duty).

Hope this helps. S/F, Joel
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Thanks for your reply. Bummer, I am AGR...
 
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