Not medically cleared to separate, orders end tomorrow

F

franksredhot#1fan

New Member
Registered Member
My apologies if you see this twice, I also posted this under Cardiac Conditions, I am just desperate for answers or help or even just an uplifting thought.

"Hello! This is my first post and honestly, I'm not even completely sure what is going on. I am an AGR member, and I curtailed my orders last fall with a DOS of 15JAN25. I knew I wasn't able to schedule a SHPE until my latest x-ray last Thursday, but as I called to say I needed a SHPE ASAP because as soon as the order ends, I'm out. Then I was notified I am in IRILO status and basically, I can't separate. I had a surgery which removed a cyst attached to my pericardium in November and two thoracentesis procedures because pre and post removal, it was causing an effusion. The cyst was massive and apparently I was born with it and it's just been growing my entire life, but it's gone now. Granted I am not a doctor but the cardio-thoracic surgeon said recovery went well and my latest x-ray was clear. What realistically should I expect? They said its going up to AFPC saying I can't leave but how fast does that occur? Would I still get paid? Do I need a new order? And finally, how long might this process last? I apologize for the information dump I just feel like I am grasping at straws for any kind of answer."

To clarify on how we found the cyst, I went to the ER last September for what I believed to be a kidney infection because the pain was pain I've felt before, good news kidney are fine. However, they were doing tests and decided to complete a CT with contrast and then surprised me with this information 6 days after my curtailment package was submitted and shortly after approved. I also had a different PCM in the beginning of this process and therefore my new PCM is fairly new to all of this information like "nice to meet you, I'm in the process of separating and I've got this real quick surgery to take care of".
 
How long you have in makes a massive difference. How many years of service do you have?
 
If I am facing ADSEP while waiting for FPEB and my PCM put not medically cleared to separate does that put a delay on anything? Sorry to jump on your thread....
 
@OCSOUTHY
Generally speaking, no. The IDES is a dual-processing or dual-action system; hence, once you are referred into the IDES, that and all other processes move concurrently. Moreover, technically, all Service members facing AdSep while going through the IDES aren't fit to separate - most of the time, this is precisely the reason the Service member was referred into the IDES. Remember, however, there are exceptions to these rules, so to speak, and the PEB can terminate an IDES case under narrow circumstances. If this may apply to you, you should speak with either your IPEB attorney or your assigned FPEB attorney.

I hope this helps.

S/f,

Joel

Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases. This post is meant as procedural insight only and should not be construed as legal advice related to a specific case or a legal analysis of facts thereof.
 
@JoelPettit The issue I have is PERS 834 not following SECNAV policy. My ADSEP is related to a TBI connected misconduct (yes it's documented). PERS won't show me what was presented to the Acting ASN who as far as I can tell doesn't have ByDir Authority to sign ADSEP orders. Moreover, if the ASN wasn't presented the facts and circumstances surrounding the misconduct then ultimately they are violating more than just SECNAV policy. It seems like PERS just shotguns these cases without doing their due diligence and force the SM's to rely on the NDRB and BCNR to use legal precedent and the Hagel, Kurta, and Wilkie memos to fix the issues they cause.. Why don't they just do the right thing in the beginning instead of forcing ASN/SECNAV to do double the work because of their incompetencies? Just my POV.. I'd love some further discussion.
 
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