Resignation of AGR during MEB

Bandit681

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
My MEB has progressed to the "gathering evidence" phase and I am awaiting the MSC and C&P appointments. I was told to begin preparation for separation immediately, so I found civilian employment. Now it appears that the MEB will take much longer than anticipated, and will hold me beyond my commitment which ends 15 June 2016.

If I am delayed by the MEB, my security clearance will expire, and I will lose the new job that requires the clearance. As you can imagine, finding a job that fits my physical limitations is not easy. I cannot afford to lose this job. I completely understand the value of a medical retirement, but I also am facing the situation of having no job, no clearance, and the possibility of a separation check to boot... or the worst case of being found fit for duty, but not fit for flight duty. Unfortunately, the latter is a possibility and has happened recently in my squadron.

I have inquired with the PEBLO and the Arizona National Guard Personnel Center as to my options for resigning my AGR position and being placed on Drill Status Guardsman status so the MEB can continue and I can go to work. No one seems to know the answer.

So here are the questions:
1) Is it possible to change from AGR to DSG during an MEB? (PEBLO and AFPC can't/won't answer)
2) Will the MEB continue after I move to DSG status? (Advocates for Airman lawyer thinks it would)
3) If medically retired as a DSG, would retirement payments be delayed until 60?

Thank you in advance for your answers and advice. I know this is not an optimal move, but I'm in a corner. If you have any suggestions or warnings about preceding down this course, I would appreciate the advice.

MEB Side Note: This isn't a main issue, and I'm dealing with the parties involved.... I was selected to serve on a discharge board in the coming months. The MSC decided (in writing) that he would delay filing my claim with the VA until after the board so that it did not interfere with their 45 day window. I asked, "Is the VA was willing to delay a veteran's claim initiation to improve their completion time metrics?" I was then told by the PEBLO that I am not a "Veteran" yet, and they use that tactic routinely. I doubt that any of that exchange would look good in the headlines or sitting on the desk of Sen. McCain.

Thank You,
Bandit 681

Duty History:
Currently AGR Major, UAV Senior Pilot, Active Flight Status
Commissioned 1999
Active Duty 1999-2015
Years of Service: 16+
AGR 2015-Present (no breaks in service)
Aircraft Flown: T-37, T-38, AT-38, F-16, F-117, RQ-170, MQ-1

Currently DNIF / Flight Disqualified with no prospects of returning to flight status.

Medical History:
2009 - Neck injury flying F-16 (flight medicine documented)
2013 - C6/C7 Anterior Cervical Disc Fusion w/ Hardware
2015 - C6/C7 Posterior Laminectomy, Foraminotomy
2015 - L4/L5 Posterior Laminectomy, Foraminotomy
2015 - Diagnosed with Cystic Kidneys and Stage III Renal Failure
2015 - Diagnosed with Ankylosing Spondylitis
2016 - L5/S1 Posterior Foraminotomy
2016 - Scheduled for L5/S1 Anterior Lumbar Intervertebral Fusion w/Hardware

Cumulative time on convalescent leave: 9 months this year (3-6 more expected after next surgeries)
Medical Profile for PT test: Waist measurement only
Waivers: 2009 - Limited to Non-Ejection Seat Aircraft Only. (expired, no more waivers will be requested)
 

danieldresen

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
BULLSHIT you are a veteran. After your first 180 days of FEDERAL ACTIVE SERVICE you are BY FEDERAL LAW a veteran as well as an active service member. As for resigning... if you have the job lined up and everything is a go... you need to do what you need to do for financial stability. Courts are a little more understanding when you prove financial hardship and duress when filing an appeal on a claim for retirement. I was forced out. I had 2 options sitting in front of me in August 2014... foreclosure and homelessness or... sign an illegal separation form and be processed out without a board for crohns. The guard refused to conduct a proper LOD 5 different times and then denied my LOD and appeal AFTER I was out. Now that the case is with the federal claims court... I have a valid and approved LOD for chronic rectal fissures and hemorrhoids, the LOD I originally submitted. I am still plucking away in my fight but I was able to readjust my mortgage and save my home due to being unemployed and separated from the army. Do what you gotta do and I wish you luck.
 

Bandit681

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Yup.. definitely a Veteran... otherwise I need to turn in a couple of campaign ribbons.

Update: The National Guard Bureau confirmed that there is no problem transitioning to part time status during the MEB. The MEB will move forward with no changes. This is actually going to turn out very well as long as I hit the 30% mark, which is almost a given with the multiple conditions I have. In addition to all of this, my commander is very please that I don't just want to hang around taking up a pilot spot and a control grade. He has ensured me that if for some strange reason they find me "fit for duty" but unsuitable for flying, he will move me to an administrative job and extend my orders. I really can't ask for anything more than that. It's good to know I have a fall back if things go sideways.
 

danieldresen

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Sounds like you got lucky and have a good command. Keep us updated and good luck with your MEB. My brigade and state surgeons office screwed me out of my MEB which retroactively, they said I was entitled to but is now impossible to happen as they illegally booted me... per their opinion to the federal court as I should have had an LOD for my fissures and fistula that were treated in Kuwait... which they denied 3 times. Go figure.
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
I do not recommend resigning an AGR position prior to the completion of a MEB. The reason for this is that you will not get a DD-214 that shows you being released from active duty for medical reasons (whether it is a retirement or severance).
Additionally, there are funds to process security clearance renewals for wounded warriors going through a MEB. Do not let your security manager stonewall you on this.
 

enyalil2

PEB Forum Regular Member
Registered Member
I am also AGR and my current contract expires 8 May 2016, they can not release you during a MEB. I did a 6 month extension to complete my MED. I would not resign if I were you.
 

ArmyLOD

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I agree with folks above, do not resign your AGR position. I spent a year and a half in limbo while going through the board. They put me in a position in HQ while going through the board. Because I couldn't drive further than 20 min, my unit was an hour away so they HRO had to comply with my doctors orders. Don't allow them to PUSH you out, someone else may chime in but there's a REG that they have to keep you active while going through board. I've been out since 2014 and things could have changed but I don't think they would have changed that. At one point when I was having a lot of medical issues I asked them to put me on convolesant leave in 30 day increments as that way it doesn't have to go to NGB level for approval.

Of course they're wanting you resign as your an officer and they want that position free so they can get one of there buddies in. Yes, sarcasm as I know how the system works in the NG.

As for your VET status, you are a Vet. VA for what ever reason doesn't recognize AGR as active duty per their guidelines but that changes when your medically retired/discharged. I had over 15 years AGR time and when I went to VA myself I didn't qualify under "their" standard, but when I finished my Med board my dd214 "Retired" me from Active duty and I now qualify.

Also looking at your surgeries I had the same as when I went through board c6/c7 fusion and l5/s1 except my l5/s1 wasn't fused. They didn't have all my medical issues and only went on those two issues through board plus range of motion of course and I received 80 DOD and 90 VA.

Stay STRONG

Hope this helps.
 

danieldresen

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
The national guard frequently ignores the regs. Case in point... even for NDR medical separations you MUST be counseled and informed of INCAP... I was NEVER counseled, NEVER given a statement of competency considering I had mental health issues as well, and I was NEVER briefed on INCAP. The national guard will find a way to fuck you over... excuse the language.
 

Bandit681

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Ok, so looks like I need to get a lawyer involved at this point. I'm getting information from the PEBLO, AFPC, NGB, and the Air Force Advocate of Airmen lawyer that all are in favor of me resigning the AGR and going part time while the MEB finishes up. I've been assured that it will not impact the results or the retirement.

I'm definitely going to ask the question about the DD-214. One of the forum members, Chuckie, was a DSG at our Wing and he received a full retirement with no issues.

Meanwhile, I've accepted a civilian job and start on the 16th of this month. My AGR curtailment will be on 19 June. It looks like I need some answers fast.
 

Navy80

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I resigned during a meb. Everything worked out great....
 

mdegase

New Member
Registered Member
I am in this situation at this very moment. I have another job as soon as i am done with AGR. I am currently in the last stages of the MEB process. Will resigning my AGR affect the MEB. I will be staying traditional until complete. I apologize i am asking the same question not a reply.
 
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