well heres an update for all, after informing the peblos that i want a formal board to go through everything again and hopefully change their mind on sending me out the door with nothing, got the word the other day that they accepted my appeal and i have my formal board on the 21st of november. So has anyone gone through this before and can you tell me what to expect? thanks again
Indeed, good deal with the approval of your forthcoming formal PEB hearing!
To that extent from an U.S. Army perspective, you shall receive additional information from your PEBLO in reference to the formal PEB (FPEB) hearing. The PEBLO should forward the documentation with point of contact information as to the location of your formal PEB hearing. You will need to contact that office immediately to receive the specific information pertaining to your DoD IDES PEB case.
Upon contacting the FPEB office, a judge advocate or a Department of the Army civilian attorney from the Office of Soldier's PEB Counsel will contact you. These officers are not assigned to the PEB; they serve as independent military counsel.
Moreover, the military counsel must consult with you at least one day before your FPEB hearing. This is an opportunity to go over your DoD IDES case and discuss any last-minute questions. Once the formal board convenes to consider your DoD IDES case, the informal board findings become null and void. The formal board will then issue new findings without regard to the previous informal board findings.
You will need to report to the FPEB Presiding Officer in the appropriate uniform of the day for the locale. The FPEB will inform you of your rights, including your right to make sworn or unsworn statements, your rights under the Privacy Act, and your right not to make any statements about the origin or aggravation of your injury. If you decide not to testify, the FPEB panel will not question you.
All FPEB proceedings are recorded except during the general overview prior to convening and the deliberation phase. You or your counsel may request a copy of the recording.
During the FPEB, anticipate questions relating to how and when your condition occurred, treatments received, medication, and work limitations that it impose. You will be provided the opportunity to discuss your case in detail.
The FPEB panel will usually have your medical records, medical reports, administrative and performance records, and statements from your chain of command concerning current duty performance.
To avoid undue delay and any detriment, you should arrive at the FPEB hearing with copies of all materials necessary to present your DoD IDES case. It is highly recommended that you submit any documentation not contained in the PEB packet to the board at least 24 hours prior to the actual board date. The FPEB members use all of this information in the decision-making process.
Following questioning by the FPEB members and your Counsel's summation, you will have one last opportunity to address the board members and have the option of making a brief statement.
Once all evidence has been reviewed and testimony concluded, you and your counsel will be excused for deliberations. Only the voting board members are present during deliberations.
Lastly, the FPEB members will independently vote to determine if you are fit or unfit. The board issues determinations by majority vote. If the board's decision is not unanimous, the dissenting member may choose to submit a minority report citing their rationale for disagreeing with the majority. The minority report will be made a part of the PEB record and will cause an automatic review by the United States Army Physical Disability Agency (USAPDA). If you are found fit, or found unfit with no new conditions not already rated by the DoVA, the PEB will provide you a copy of its Report of Proceedings before you leave the PEB.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!