Presumption of Fittness: I keep hearing this.

D

dkokoszka

PEB Forum Regular Member
PEB Forum Veteran
My PEBLO & JAG keep mentioning the presumption of fitness rule and that it MIGHT be applied to me.

I don’t get it. I am an E-7 with 22 years of Active duty service. I am NOT scheduled to ETS, I do NOT have an approved retirement date and technically I can stay until my 26th year of Active Duty. (RCP)

So based upon what I have read the presumption rule does NOT apply to me.

Do MEB/PEB boards routinely apply the Presumption rule for Active Duty members over 20 years?

Thoughts?
 
dkokoszka said:
My PEBLO & JAG keep mentioning the presumption of fitness rule and that it MIGHT be applied to me.

I don’t get it. I am an E-7 with 22 years of Active duty service. I am NOT scheduled to ETS, I do NOT have an approved retirement date and technically I can stay until my 26th year of Active Duty. (RCP)

So based upon what I have read the presumption rule does NOT apply to me.

Do MEB/PEB boards routinely apply the Presumption rule for Active Duty members over 20 years?

Thoughts?
Click to expand...

Presumption of Fitness


When a soldier is referred for physical disability evaluation after having applied for length of service retirement, or an officer is within twelve months of mandatory retirement, or an enlisted soldier is within 12 months of his or her retention control point with retirement eligibility, the soldier enters the disability system under the presumption that he or she is physically fit. This is known as the Presumption of Fitness Rule. (This rule is not applied to RC cases referred under the non-duty related process described at paragraph 2c(5) above.)
  1. Philosophy: The soldier is presumed fit because he or she has continued to perform military duty up to the point of retirement for reasons other than physical disability. Disability retired pay is to compensate a soldier whose career is terminated solely for reasons of disability.
  2. History: The presumption rule originated as DoD policy in 1973 as a result of Congressional dissatisfaction with general ranked officers and medical officers retiring for physical disability when they were eligible for length of service retirement.
 
Understood, I just don't know why the JAG and PEBLO keep saying to me that I might be presumed fit?

Thank you.
 
It shouldn't apply to you at all...that said, I think that in some cases, certain PEB board members apply a sort of "unofficial" (in that it is not in the rules) policy of viewing cases where the member has more than 20 years as falling into the PFIT rule.

I also think that the military departments apply the wrong legal standard to fitness, generally.
 
Jason, if they apply the Persumption Rule and it DOES not apply to me, Can i fight it?
 
Yes, through the normal appeals process.
 
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