PEB OR CHAPTER??

woog31

Member
Registered Member
Ok i have a question for all to try to answer here, i started a meb/peb aug 17 2009 and got my findings back feb 23 2010, they gave me 10% and 25 grand. thats ok im good with that but heres the question, while waiting on my paper work to all go through for that long i have been unable to do pt obviously. i failed a height weight got taped and of course failed that too, and got put on the remedial program. 30 days later i passed tape and got off. another 30 days later i got my orders to go home and started clearing, the 1sg called me in the office today and taped me again, he says i failed tape and he is going to pull my peb findings and my benifits and chapter me out with a less than honorable!!!! is that even legal after i got orders and started clearing?
 
No, this is not legal. You didn't say what branch you are in (so I can't give you your service regulation on this), but all services have the same constraints: Physical disability processing takes precedence over all non-misconduct separation actions.

It sounds like your 1SG is trying his best, but the Secretary of your Service trumps his efforts. Go to your Legal Assistance/JAG if they try to stop your separation. Best of luck!
 
Jason,

What happens if Army officer over 8 years fall with in presumption of fitness? Based on information I have read in this forum fit vs unfit falls in place which consequently leads to administrative discharge? Please clarify for me
 
No, this is not legal. You didn't say what branch you are in (so I can't give you your service regulation on this), but all services have the same constraints: Physical disability processing takes precedence over all non-misconduct separation actions.

It sounds like your 1SG is trying his best, but the Secretary of your Service trumps his efforts. Go to your Legal Assistance/JAG if they try to stop your separation. Best of luck!

Jason, is there a reg to affirm what you've stated? I'm Air Force and my ADC is useless!
 
12. Unit Commanders may initiate (enlisted Airmen) or recommend (officers) administrative discharge only after the Airman has: received four Unsatisfactory FA scores in a 24-month period; and failed to demonstrate significant improvement (as determined by the commander) despite the reconditioning period; and has been evaluated by a military health care provider to rule out medical conditions precluding the members from achieving a passing score. This guidance supersedes guidelines established in AFI 36-2905 (dated 1 July 2010), paragraphs 9.1.5.1, 9.1.5.1.1, 9.1.5.1.2, 9.1.5.1.3, and 9.1.5.2.3. NOTE: does not apply to AGR.

Unit Commanders must make a discharge or retention recommendation to the separation authority (enlisted) or show cause authority (officer) once an Airman receives four Unsatisfactory FA scores in a 24-month period and a military medical provider has ruled out medical conditions precluding the Airman from achieving a passing score. For every subsequent FA failure, Unit Commanders must submit a retention decision memorandum to the separation authority (enlisted) or show cause authority (officer) for final decision. This guidance supersedes guidelines established in AFI 36-2905 (dated 1 July 2010), paragraph 9.1.5.2.


9.1.1.2. Upon receipt of a Medical Evaluation Board (MEB) permanent exemption, a member is not subject to adverse personnel action for inability to take the FA.
 
Along these lines, I just received my Promotion Recommendation File to go for captain. I was up for captain last year, but didn't promote for whatever reason, even though my record is pretty solid. This time around, the commander recommended "do not promote." This will be the second time I didn't promote to captain, which means they can admin discharge me. I received retirement orders 4.5 weeks ago, and my commander had those orders pulled to "pursue a UCMJ investigation." I asked why and he said he had heard I was late a day or two or missed a day of work.

The question is: Will he be able to admin discharge me for not promoting, or for alleged tardiness and trump my PEB findings (30% Air Force retirment, 60% VA)? I'm in a tough spot here. Thanks for the support, all!
 
12. Unit Commanders may initiate (enlisted Airmen) or recommend (officers) administrative discharge only after the Airman has: received four Unsatisfactory FA scores in a 24-month period; and failed to demonstrate significant improvement (as determined by the commander) despite the reconditioning period; and has been evaluated by a military health care provider to rule out medical conditions precluding the members from achieving a passing score. This guidance supersedes guidelines established in AFI 36-2905 (dated 1 July 2010), paragraphs 9.1.5.1, 9.1.5.1.1, 9.1.5.1.2, 9.1.5.1.3, and 9.1.5.2.3. NOTE: does not apply to AGR.

Unit Commanders must make a discharge or retention recommendation to the separation authority (enlisted) or show cause authority (officer) once an Airman receives four Unsatisfactory FA scores in a 24-month period and a military medical provider has ruled out medical conditions precluding the Airman from achieving a passing score. For every subsequent FA failure, Unit Commanders must submit a retention decision memorandum to the separation authority (enlisted) or show cause authority (officer) for final decision. This guidance supersedes guidelines established in AFI 36-2905 (dated 1 July 2010), paragraph 9.1.5.2.


9.1.1.2. Upon receipt of a Medical Evaluation Board (MEB) permanent exemption, a member is not subject to adverse personnel action for inability to take the FA.

This is correct but there is an unfortunate black hole to this reg and others in the Air Force, nothing states what to do with a member currently under MEB/PEB pervue. If you are found unfit and with permanent retirement, but a dual action case....MY leadership assumes since it's not written they must continue to punish for failed PT testing, and keep having me test, as they cannot exempt me even though my CC knows otherwise. So it sucks but you'll be alright.

v/r
Klam
 
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