PEB requesting police report that doesn't exist

Good Afternoon,

So I'm being medically boarded for PTSD stemming from an armed robbery and subsequent self defense. The PEB is requesting a police report, yet there isn't one. The police officer who responded told me to just go home, because he knew how crazy commands could be, and didn't want me to get "hemmed up" for defending myself. In hindsight, I should have insisted on him including me in the police report.

Anyway, the PEB suspended my case and requested a police report. My MEBLO told me to get a Line of Duty determination. I did that, and they replied they still required a police report. I wrote a memorandum explaining the situation and why there is no police report and sent that off. Haven't heard yet if they'll accept it or not.

Has anyone encountered this situation?
 
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It has been my experience that people are less than honest. I had a Colonel once claim he injured his back jumping off a moving tank to save an observer who fell off the front of the tank from getting run over by the tank, injuring his back in the process (he was claiming CRSC). A review of his medical records showed that he injured his back sledding in the snow and then reinjured his back a couple years later wrestling. I assure you the PEB has had the same kind of experiences. So it isn't surprising that they are requesting a police report for something like this.

Get the existing police report, get the name of the police officer who filed the report, contact him and ask him to write you a statement.
 
I tried that. They won't release a police report unless you're a party to the case, and the officer who wrote it retired almost 2 years ago. I understand they're concerned about my truthfulness, and honestly I can't blame them. I'm just over this whole headache. Can I have them drop the PTSD and rate on my other referring conditions?
 
I assume the psychiatric evidence will support a diagnosis of PTSD. I'm not sure what they want the police report for unless they're concerned it was an EPTS condition.
 
I'm just stressed out about this whole thing, man. I just want this whole process to be done with : /
 
I assume the LOD came out in your favor, with an In the Line Of Duty finding. (Or did it not?) If so, you should be fine. You cannot produce what you don't have or cannot get (and it is not your responsibility to provide it, anyway).
 
Yes, we submitted a Line of Duty Determination, where my referring doctor and Commanding Officer concurred that the injuries occurred in the line of duty.

I sent a memorandum to the PEB explaining everything I explained above. The VA lawyer looked it over and said it looked good, and my MEBLO said it looked good, but neither were sure about what the PEB would say/do.
 
3moose1 said:
Yes, we submitted a Line of Duty Determination, where my referring doctor and Commanding Officer concurred that the injuries occurred in the line of duty.
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I will assume that the LOD was properly completed. If so, you should be fine.

I can't say for sure what they will do, but, you should be fine. If not (based on my previous assumptions), you have a near rock solid basis for prevailing should you need to appeal. All of this is based on what I know from what you have written. If the facts are different (or if they have made an error) it is possible you will have to fight it out. But, I suspect you will prevail.

Best of luck!
 
What do you mean appeal?

And thanks. This really has helped with my anxiety. This whole process is really nerve wracking.
 
3moose1 said:
What do you mean appeal?
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Well, an appeal is only when you have "lost." (So, if you win, there is nothing to appeal). But, if you "lose," at any level, there are appeals. "Appeal" is basically a challenge to the decision.

You get a bad IPEB result? Demand a Formal hearing. Bad FPEB result? Submit a rebuttal/appeal to the FPEB decision. No change? You can go to Board for Correction of Military Records and/or Federal Court.
 
Jason Perry said:
Well, an appeal is only when you have "lost." (So, if you win, there is nothing to appeal). But, if you "lose," at any level, there are appeals. "Appeal" is basically a challenge to the decision.

You get a bad IPEB result? Demand a Formal hearing. Bad FPEB result? Submit a rebuttal/appeal to the FPEB decision. No change? You can go to Board for Correction of Military Records and/or Federal Court.
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Jason,

My case was suspended late January as they wanted the police report. I turned in the LODI, and they requested the police report. I gave them the memo described in my original post and they unsuspended my board (this was on the 1st or 2nd) then they re suspended it on the 5th. My PEBLO and MEBLO don't know why, they weren't told they needed additional documentation or anything.

Any insight on what the reason would be?
 
Out of curiosity, did you seek out treatment after the incident? Did you BH provider document the details of the incident?
 
gsfowler said:
Out of curiosity, did you seek out treatment after the incident? Did you BH provider document the details of the incident?
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I didn't. I felt like I was fine. I saw MH about 4 months after the incident for what I thought were unrelated issues. I went through a medical work up for low energy/libido but everything was normal and they referred me to mental health where everything came out.

He told me that he was going to do a medical board, and I stopped seeing him and bounced around different providers for about a year. Eventually he called my command and told them what he thought, and I sat down with my Battalion Commander and had a pretty long discussion about it. I followed up with him, and he put me on limited duty and started the medboard process.

I'm just anxious as fuck about this whole thing. My Command has switched out and this new one is less understanding than the old one. I want to just move on with my life already, and it feels like every day I waste here will be another day I risk pissing off the wrong person.

My MEBLO told me that they looked at the memo I sent on 1 Feb, and she was told an attorney at the PEB was looking it over.
 
3moose1 said:
...My Command has switched out and this new one is less understanding than the old one. I want to just move on with my life already, and it feels like every day I waste here will be another day I risk pissing off the wrong person...
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Indeed, I can definitely comprehend your heighten anxiety in reference to a new Command leadership and their non-supportive behavior and/or targeted non-supportive actions.

As such, I would strongly suggest to hold your ground in a professional manner, and remain "positively proactive" at this point as feasibility as possible. :)

To that extent, it's a huge task albeit you definitely can do it; you're a professional military service member and not anything less! ;) Take care! :cool:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
@Jason Perry

I was told today that my case has been suspended, and has been in "legal review" since 1 FEB. Should I get a lawyer of my own? What are they doing? What's going to happen?
 
you need to look at reality, this is legal @#$%^%$ lawyer type of process when it comes down to it. I hope your command wrote a good letter why you cant do your job, it goes along with anything else if you hurt your leg you better be able to convince them you did everything you could to get better or you'll be lucky if you get a 0 % unfit. stop being care bears guys people need to know the worst scenario to prepare for it, not " you should be fine " when you barely know any information. Its you guys that told me every case is different and there's no way to know outcomes. That's like saying you'll be fine you'll just have to go through 3 years of appeals possibly and lose all your hair and look 30 years older.

i went through this 18 months before my MEB even started because of physical problems, 5 years for mental health problems 6-7 different meds.

dont mind this 3moose its just hard for me to see these guys use the word assume so much they're better than that.
 
Yeah man, I'm freaking out. I literally can't sleep because of this shit. The IDES attorney here looked over my letter before I sent it off, and said it looked good. But my case has been suspended for almost 3 weeks. I just want them to un-suspend my case and continue through the process.

honestly? If I knew that this was going to cause so much freaking headache, I would have had them drop PTSD and only have them evaluate my ortho/urological issues. I don't care about the medical retirement since my wife has awesome health insurance right now, and I plan to go to med school anyway.

I just want this nightmare to be over, man. I can't seem to get any answers from anyone about this. I just want someone to tell me what's going on and what will likely happen, and a timeline.
 
Hopefully someone with a similar situation can help more have you tried talking to VFW or other veteran organizations? Military one source should have all the contact info
 
I tried everything I can think of, and talked to everyone I could. No one knows wtf is going on. My RCC emailed the WWR's PEB liason to figure out wtf is happening, and I haven't heard anything.

I tried contacting @Jason Perry 's law firm, because I think I should retain an attorney. I didn't get a hold of anyone. If anything, just to call the board and get them moving or something. I'm going nuts here, and no one can help me. I get told my case is suspended, and it's in legal review but no one seems to know what that means, or how long it'll be in there.
 
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