PEB said I was fit 10+ years ago - need help on whether I have options or not

RyoOfWildfire

Registered Member
#1
Back in 2005 I was injured on active duty during PT. I tore up my right ankle pretty badly and over the course of 18 months had to have two surgeries. Despite a long convalescence and the two surgeries, I was never returned to full duty. I was submitted for a PEB but strangely found fit for service. I would later be told that I was 'fit' to continue my desk job in a non-deployable unit and that is how they decided whether I was fit or not.

I attempted to reenlist twice. Both times I was denied and the second time I was given a determination of half seps pay. On my DD214 I have an RE-3P which indicates a physical disability. After discharge I did my VA claim and was rated at 80% for a number of things including TBI, PTSD, the ankle issues that prompted the PEB and several internal issues. At some point in the last few years I attempted to have my discharge converted to a medical retirement via the Board for the Correction of Naval Records. They denied my request because the PEB had found me fit for service. I have since had my disability with the VA increased to 100% permanent and total because my medical issues continue to worsen. Its been a little over 10 years ago (*2007) since I was discharged.

Please note I was never given any information on how to appeal the PEB results, what my options were or anything. I was just told I was fit and to continue my enlistment till its completion (since I'd been denied reenlistment already).

I found out about the PDBR today and submitted documentation there though I suspect because I was never rated by the DoD I'll get that case denied as well.

I know I should have been medically retired or at least given a DoD disability rating and I didn't get either. I had a lot of issues with my chain of command at my last unit so it doesn't surprise me to find out I got screwed.

I know it has been a long time but I would really appreciate and and all advice anyone can provide as to whether or not I have any options to correct this wrong. I should have been rated by the DoD and wasn't and should have been medically retired and wasn't even considered for that. I was forced out at 8 years as an E-6 if that matters.

I appreciate all the help I can get.

Thanks!
 

oddpedestrian

PEB Forum Veteran
Registered Member
#2
I believe your denial will focus just on the ankles and none of the other disabilities if that's the case you will probably be looking at a 0-20% rating which will include severance pay that will be recouped from your VA disability. I just read over 200 BCMR decisions last week and was somewhat surprised how many people kept putting in repeated requests to change their honorable to medical retirement some cases were overwhelmingly legitimate including a service member that was a Purple Heart and Bronze Star, recipient. Nonetheless going on full strong the first time before the board seems like the best strategy once one denial has been made the board copies and paste the previous decision and claims that no new material facts have been presented to change the board's mind. Have an attorney go over your file this time www.peblawyer.com or www.nvlsp.com.
 
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