PTS and MEB Process

G

Gunnz

Member
Registered Member
I am trying to get more information on the MEB process?
I was told today that due to my being denied on PTS that I can not be placed on LIMDU and all medical will be provided until I reach my EAOS then I will depend on the VA. I thought the Military had to fix you as best as possible prior to getting rid of you???

Here is my situation:
I am a Gunners Mate with 13.5 years of service. I will be at 13 year 9 months at my EAOS in FEB. I have been undergoing physical therapy and steriod shots in my knee for the last 18 months and I have also been dealing with diabetes type II for the last 3.5 years. About 5 weeks ago I was put on an Insulin Pump.
The local Air Force MTF was thinking about sending me to LIMDU/MEB and then I got my PTS results for the last time 15 September that said I am now in an "involuntary Seperation" Status. I have gone to the Air Force MTF to push for the Med Board as I believe the benefits from a Medical Retirement far out weigh the severance pkg they offer for PTS Separations. The Reserve Corpsman here helped me today and called the regional LIMDU Office and they looked my name up and said that because I was denied PTS that I can not be placed in LIMDU and there will not be any chance of a MEB/PEB process. They also said that my feb. end date will not change and any treatment including surgeries will be done before that date or I will have to go through the VA to get tem completed.
So, I guess my big questions are:
1. Can they do that?? (I thought I had to be fixed as much as possible prior to discharge!)
2. What are the ways to force an MEB/PEB to get the Medical Retirement?
3. Are there any other instructions, etc.. I should be looking at?? ( I have SECNAVINST 1850.4E,MILPERSMAN 1306-1200, and Navy Manual for the Medical Department CHpt 18)
4. If i need legal counsel who can I go to? (JAG?)
5. To me this seems like discrimination? In any other setting I would be on LIMDU to the MEB/PEB.
Any Help or advice is extremely appreciated. Thanks for your time.

GUNNZ
 
Gunnz,

If you have been denied PTS and directed to separate, then going to legal will not help. Sailors tend to "attempt" to get legal/JAG lawyers involved but they have no say in this. If you have questions and want to discuss your particulars, contact PERS-82 at 901-874-3230.
 
A slight caveat to the above. JAG will not represent members in civilian courts and after you are separated cannot help you at the BCNR. If they do separate you without referral to an MEB/PEB, the potential issues are whether you have been wrongfully discharged and whether you are entitled to disability retirement. These are legal issues that seeing an attorney can certainly help you with.

An important point is that the military may take a position about something and will state that it is true as a fact. However, if the position is wrong as a matter of law, then they are wrong. However, you are unlikely to find any traction to the challenge within the military so you are then in a situation where you need to seek redress, either at BCNR or in court.
 
I can't count the number of times the Navy has been dead wrong in terms of disability laws and regulations.

Mike
 
Hey Everyone,

Just wanted to get an update in here. I am currently having my MEB written up by my Air Force Docs then I have to go to the IDES appt and then it will be passed to Camp Pendleton for the Navy Doctor to Bottom line the MEB and reffer to PEB.
What do I need to do to Get, I guess NAVPERS, to extend my service for the MEB/PEB to be conducted as this process is just starting and my PTS Separation date is 24 FEB 2012?
I am hoping that My recent Knee Surgery (3rd one) might add to my issues to get retired, as well as having blood clots in my leg and multiple in both lungs. When I get extended How long should it be?? Is it redone monthly??
 
There have been problems in the past with the Navy not extending members to complete the MEB/PEB process. Since your MEB is under way, it should not be a problem but if it is, please send me a PM ASAP.

Mike
 
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