PARTICIPATION WAIVER?--ANY ADVICE?

L

LoufromFWB

PEB Forum Regular Member
PEB Forum Veteran
TO ALL:
Here's the deal: I've got a Congressional in play, a SECAF/IG complaint for which I just received notification they are working the case and need more info, all of this while undergoing medical treatments, and OFF ORDERS!--In fact, that's the reason I'm pursuing all this--I was on orders since 2006!--I told them the Participation Waiver does not apply to me and I would not accept. Today I receive notification I have NO CHOICE in accepting---it is mandatory. I was under the impression I had to request and sign off on----advice I received from this site---any advice on how I should reply?--I realize this waiver is for those with "little or no physical or mental impairment" and I just don't know how they are rationalizing all of this.
I must also point out I am preparing a court case (federal claims) on all of this, and will probably file next week. It's taking longer to prepare than I thought. And since they are aware of all this and yet continue to pursue administrative actions against me (they threatened once again in the letter on this waiver) I simply would like to reply to them on this. Jason or moderators: Is there any way to get them off my back while this legal action is in play? They are truly wrecking havoc on not only my physical health, but mental as well. HELP!!
 
Lou,

My thought is that a mandatory acceptance means it is not a waiver. If it is truly mandatory, they don't need the waiver. I am not sure all of the details, but I would not sign it....furthermore, the government takes some pretty extreme positions, I think, on waivers generally in the Court of Claims. (Most documents in the military, if they are gong to forward it anyway, the person requesting you to sign normally writes in "member refused to sign."). Seems to me that if you say no, they might do that....but at least you can then state that you did not waive anything.
 
Thanks Jason. I have to agree on that. Mandatory acceptance and waiver seem to be oxymoronic in nature, if not directly. They have not even asked me to sign anything yet, they just state I have been "given" it. And indeed how or why I would waive anything when doing so nullifies MEDCON orders, which I have been requesting since March 2010, is ridiculous. This is almost like a chess game Jason, if it were not for the serious medical issues involved. Again, I am amazed as to what is transpiring; and this is with Wing Col. in the e-mail loop!--I have sent the "Participation Waiver" package put together by Mac I believe, which states regulations and use of this waiver, but as before I believe THEY believe they are immune to its use. We will have to see in Court. I need to get this started quickly because it seems they are pushing an administrative way to handle all of this by other means.Thanks for your answer. Any and all advice is greatly appreciated at this time.
 
Good afternoon, Lou

My name is Stephannie and I have been watching your input on this site for a very long time, I also have been keeping up with the comments/advice from others here on the site. I wanted to let you know that I am currently here in the Eglin area and I will be starting my MEB tomorrow at Eglin AFB. I have an MH appt schedule. I really haven't said too much on the site because I don't know what to say. I am an AF nat'l guard from Andrews AFB and I am being discharged for PTSD as of right now. I have other medical conditions but do not know if they will be listed. I am a prior service army soldier who eventually switch to the Air Nat'l Guard. Long story. I really want to contribute to your request about reservist being done wrong but I am not quite sure if I may fit into your scenerio. Anyway, just wanted to say hi and let you know to please keep fighting and to keep your head up, its helps us all to see your responses and questions.
 
stephannie2001 said:
Good afternoon, Lou

My name is Stephannie and I have been watching your input on this site for a very long time, I also have been keeping up with the comments/advice from others here on the site. I wanted to let you know that I am currently here in the Eglin area and I will be starting my MEB tomorrow at Eglin AFB. I have an MH appt schedule. I really haven't said too much on the site because I don't know what to say. I am an AF nat'l guard from Andrews AFB and I am being discharged for PTSD as of right now. I have other medical conditions but do not know if they will be listed. I am a prior service army soldier who eventually switch to the Air Nat'l Guard. Long story. I really want to contribute to your request about reservist being done wrong but I am not quite sure if I may fit into your scenerio. Anyway, just wanted to say hi and let you know to please keep fighting and to keep your head up, its helps us all to see your responses and questions.
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Hi Stephanie,
Thank you for your kind words. They come at a time when I really need them, believe me. This site and the members, moderators, and Jason have been the "Rock" which has saved me from drowning in this cesspool of wrong-doing from our government (specifically the DoD). There are some success stories on this site, but I fear there are far more failures, and possibly even more who have simply walked away. It's one of the reasons I posted (and blogged) "RESERVIST/GUARD: WHAT SHOULD WE DO?"---It's a David and Goliath story when we talk about challenging the DoD, or any part of government if you really think about it. And as I stated in my Post/Blog it may NEVER end if MANY don't face the challenge---one or two people won't make things change---one or two "win" stories won't make things change--THIS is my fear. And I fear it not for myself, but for all the future airmen, sailors, and soldiers who volunteer to serve our country and are given assurance or take for granted their health and welfare will be paramount to the Service chosen. Unfortunately though there are many who are treated well and do not experience the abuse of others, it is those "others" (maybe a minority, but growing quickly) we must protect. If there is any good that has come from my experience with these issues it is the fact I have been "enlightened" as to it's existence, and it has now become a passion to help others when I can.
As far as helping Stephanie, you have already done so by doing what you have done, sharing your story. Please let me know how your MEB turns out. REMEMBER, the MEB only determines if you have medical issues (physical and mental) that may challenge "retention standards." From here if the answer is YES to challenging retention standards then it goes to the PEB. FROM HERE it is all a different story. From what I have seen one must be on their deathbed before they are forwarded to the PEB---it's truly ridiculous. I can only assume they are getting word from up the chain to do this, most likely for budget reasons. If a person believes he/she is fine and wants to return to duty, then all is well; BUT if a person believes they cannot perform their duties then they are obligated to "push" for the PEB not only for their own health but for the safety of their comrades---it's only fair to you if while serving your country you fall ill or injured.
As for me it seems I have no other recourse other than legal, specifically in Federal Claims Court, which unfortunately I may have to do "pro se," basically without a lawyer. I cannot wait for any pro bono (free) legal assistance since I am basically living on savings at this time-sensitive period; nor can I afford one. I just hope I can prepare the Complaint properly and we'll see what happens.
THANKS, AND STAY IN TOUCH---I'll let everyone know what happens eventually. GOOD LUCK--Lou
 
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