Opportunity to Assist w/PSC/I-RILO

rumrobot

PEB Forum Regular Member
Registered Member
Hi, I sure could use some pointers... TLDR version: Current traditional air guardsman with the opportunity to help my medgroup with whatever my process ends up being, as in, they are new and are wading through this.

Long Version:
- I am currently a traditional in the Air Guard
- I am at 70% VA disability currently (submitting a package soon to try to get to 100)..
- Over 11 years TAFMS, almost 18 good years (8 of those TAFMS were in the Marines)
- All of my conditions that I have were reported while on active orders (mostly T32 school orders) over 30 days, some were on T32 mobilization back-fill orders but I'm not sure if that matters.
- I am in an AFSC mismatch in my current unit. Pri AFSC is 1C5-D and C/D AFSC is 1B4
- While on school orders years ago, hurt my back in the gym. No LOD, but did get cortisone shots and referred out to orthopedics while on active orders...
- Fast forward a few years, on school orders for retraining into 1B4. Hurt my back in the gym again, steroid shots again and referred out once more. LOD was generated for that but I was off active orders only days after getting that LOD, same set of orders received care for PTSD and also got an LOD from it and pretty much flunked out of school...
- Been back home as a traditional again, but stuck in an AFSC mismatch as I now cannot retrain or move positions due the medical situation..
- Our medgroup fulltime staff has been on the short side for years so, the LODs did not turn into MEDCON orders for continued care (even though I had followups scheduled and a plan from my docs)... medgroup tells me they spoke with JAG and that this should be a "Prior Service Condition" case and is now working on a NARSUM and working through a Prior Service Condition/I-RILO Checklist... (I can upload that checklist if anyone wants to see it)..

For both PTSD and my back injuries, I have nothing in my medical records from the Corps at all for either... As was/is the stigma. I only started to get help while in the guard.... so it makes the prior service thing wierd to me - none the less, I keep making sure to tell them it was a condition "aggravated" while on orders and both of my LODs have that box checked..

What I could use some help with is essentially getting feedback on what the best route forward might look like for me and if you were me, what would you focus on? My medgroup has been really honest this whole time (even though it's been about 2 years since returning from school and a medboard or anything hasn't happened because the ball kept getting dropped). I asked for a copy of the checklist and they handed it over. My commander is understanding and is willing to help out, I will have a good back and forth over the commander's impact statement.
With that said, for the impact statement.... for AFSC along with everything in block II. Effect on Unit Mission... should the AFSC be my "primary" or "current/duty"? Honestly, on the manning document my primary is still me old AFSC since I didn't make it through tech school for the retraining. This would have a large effect on how this block gets filled out. If I am supposed to put in my primary (old) AFSC, then do shredouts count? That would also make things different as I was a weapons director have a stricter criteria to adhere to that I know won't work well now. As far as my medgroup is concerned, I'm lucky person number 2 that the medical person assigned to my case has ever done and my case is certainly different from what the other was.. Hence, the willingness for me to get in the weeds with them.

Any guidance would be appreciated and yes, I've been reading AFI 48-133, AFM 48-108, and AFI 36-2910..... I've been searching the forums also so please point me to a thread that answers this if I missed it. If anyone has loads of time on their hands and wants to help a guy that just fiends after them crayons, message me!
 
I suppose I forgot to mention, I'd like to be retired versus straight booted out... On the commander's impact statement it will say "do not retain" will a PSC allow me to be retired if I meet the 30% criteria?
 
I suppose I forgot to mention, I'd like to be retired versus straight booted out... On the commander's impact statement it will say "do not retain" will a PSC allow me to be retired if I meet the 30% criteria?
So you are in a good place because you have 18 good years. If they kick you out with no medical retirement you can decline severance and get a 15 year letter which is identical to a 20 year letter.

@Guardguy11 can provide you with additional advice.
 
So you are in a good place because you have 18 good years. If they kick you out with no medical retirement you can decline severance and get a 15 year letter which is identical to a 20 year letter.

@Guardguy11 can provide you with additional advice.
Oh nice, that's a relief. Thanks for that info!
 
Oh nice, that's a relief. Thanks for that info!
Yeah you will get your non regular retirement no matter what. Just remember if they do put you in IDES and rate you less than 30% to decline severance to opt for 15 letter. The only downside to getting 15 year letter verse 20 year letter is no CRDP. So if you could stick it out to 20 good years that would be better.
 
On a work trip this week but I will chime in as soon as I can.
 
On a work trip this week but I will chime in as soon as I can.
Sweet, I missed this since I was out over the weekend on a work trip.
Right now, I'm just working on writing up the commander's impact statement paperwork... After really looking at it, I am not sure if I almost screwed myself over from the last one that was written for me by my last commander. I just concurred and signed. If it helps anyone in the future out.. I'll attach it to this post.
So I have the opportunity to work with my new commander on what actually gets written in here, I'm just trying to do it right.
If I do have to use my "primary" AFSC instead of "Duty or CAFSC" then it changes a lot of what I'll be putting in here. If I would have to go back to my old unit, there's no way I can ruck anymore or put on body armor without being completely useless..
 
Hi, I sure could use some pointers... TLDR version: Current traditional air guardsman with the opportunity to help my medgroup with whatever my process ends up being, as in, they are new and are wading through this.

Long Version:
- I am currently a traditional in the Air Guard
- I am at 70% VA disability currently (submitting a package soon to try to get to 100)..
- Over 11 years TAFMS, almost 18 good years (8 of those TAFMS were in the Marines)
- All of my conditions that I have were reported while on active orders (mostly T32 school orders) over 30 days, some were on T32 mobilization back-fill orders but I'm not sure if that matters.
- I am in an AFSC mismatch in my current unit. Pri AFSC is 1C5-D and C/D AFSC is 1B4
- While on school orders years ago, hurt my back in the gym. No LOD, but did get cortisone shots and referred out to orthopedics while on active orders...
- Fast forward a few years, on school orders for retraining into 1B4. Hurt my back in the gym again, steroid shots again and referred out once more. LOD was generated for that but I was off active orders only days after getting that LOD, same set of orders received care for PTSD and also got an LOD from it and pretty much flunked out of school...
- Been back home as a traditional again, but stuck in an AFSC mismatch as I now cannot retrain or move positions due the medical situation..
- Our medgroup fulltime staff has been on the short side for years so, the LODs did not turn into MEDCON orders for continued care (even though I had followups scheduled and a plan from my docs)... medgroup tells me they spoke with JAG and that this should be a "Prior Service Condition" case and is now working on a NARSUM and working through a Prior Service Condition/I-RILO Checklist... (I can upload that checklist if anyone wants to see it)..

For both PTSD and my back injuries, I have nothing in my medical records from the Corps at all for either... As was/is the stigma. I only started to get help while in the guard.... so it makes the prior service thing wierd to me - none the less, I keep making sure to tell them it was a condition "aggravated" while on orders and both of my LODs have that box checked..

What I could use some help with is essentially getting feedback on what the best route forward might look like for me and if you were me, what would you focus on? My medgroup has been really honest this whole time (even though it's been about 2 years since returning from school and a medboard or anything hasn't happened because the ball kept getting dropped). I asked for a copy of the checklist and they handed it over. My commander is understanding and is willing to help out, I will have a good back and forth over the commander's impact statement.
With that said, for the impact statement.... for AFSC along with everything in block II. Effect on Unit Mission... should the AFSC be my "primary" or "current/duty"? Honestly, on the manning document my primary is still me old AFSC since I didn't make it through tech school for the retraining. This would have a large effect on how this block gets filled out. If I am supposed to put in my primary (old) AFSC, then do shredouts count? That would also make things different as I was a weapons director have a stricter criteria to adhere to that I know won't work well now. As far as my medgroup is concerned, I'm lucky person number 2 that the medical person assigned to my case has ever done and my case is certainly different from what the other was.. Hence, the willingness for me to get in the weeds with them.

Any guidance would be appreciated and yes, I've been reading AFI 48-133, AFM 48-108, and AFI 36-2910..... I've been searching the forums also so please point me to a thread that answers this if I missed it. If anyone has loads of time on their hands and wants to help a guy that just fiends after them crayons, message me!
@rumrobot I am in a similar situation. At first my Wing was trying to send me up for a Non-Duty Related DES(NDDES). I have been fighting them for close to 3 years now. Unlike your Wing mine has been horrible. If they are sending you up for a PSC then the IPEB will make a determination on duty related and referral into the IDES/MEB. If the PSC determines that you are unfit and it is not duty related they will force you into the NDDES. The NDDES is only for a determination of fitness. There is no disability or compensation rating with the NDDES. If found unfit by the NDDES you would be involuntarily separated or retired. Then your only recourse would be an appeal to the BCMR, and if that fails you would have to bring suit against the DOJ. I have gotten my Senator involved since my Wing is violating the AFI and Federal Law magically they stopped the threats and are now sending my case up as a PSC packet.

Along with the other resources you listed above, you need to read US Code Title 10, Subtitle A, Part III, Chapter 61, Sections 1201-1203, 1207a, and 1216a. 1207a is known as the 8 year rule in the event they determine any conditions are EPTS. 1201-1203 are the prerequisites for the 8 year rule to apply. 1216a mandates that all medical conditions must be considered. Be prepared to fight, nobody will advocate for you like yourself. I've had to figure all this out on my own. If I hadn't fought back so fiercely then I would have been involuntarily retired a while ago.

All the above information is from my own understanding and research. If anything is wrong please let me know. I wish you the best of luck. Hit me up if I can help in any way.
 

Attachments

Sweet, I missed this since I was out over the weekend on a work trip.
Right now, I'm just working on writing up the commander's impact statement paperwork... After really looking at it, I am not sure if I almost screwed myself over from the last one that was written for me by my last commander. I just concurred and signed. If it helps anyone in the future out.. I'll attach it to this post.
So I have the opportunity to work with my new commander on what actually gets written in here, I'm just trying to do it right.
If I do have to use my "primary" AFSC instead of "Duty or CAFSC" then it changes a lot of what I'll be putting in here. If I would have to go back to my old unit, there's no way I can ruck anymore or put on body armor without being completely useless..
In section VII of the CIS you have a remarks section that you can add information to as well. I used this block to include conditions my commander left of the form, and I used it to reiterate the Federal Law with my TAFMS.
 
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