RTS after AMRO and IRILO, Where's My Appeal Rights?

[crustymusty]

Reviewing some responses from Wing Leadership and wondering why I was never afforded an appeal to the decision to return me to service and if someone can point me to the regs directing this...

From leadership, "Medical documentation provided for the case was reviewed by the AMRO Board and proceeded to an Initial-Review-In-Leiu-Of (IRILO) a Medical Evaluation board per Department of Air Force (DAFMAN) 48-108, Physical Evaluation Board Liaison Officer (PEBLO) Functions: Pre-Disability Evaluations System (DES) and Medical Evaluation Board (MEB) Processing.

I was never assigned a PEBLO to discuss matters with and the evidence available in the IRILO was used by the Air Force Surgeon General finding me fit for duty and returned me to service.

Thoughts?
CM

 

[Provis]

Reviewing some responses from Wing Leadership and wondering why I was never afforded an appeal to the decision to return me to service and if someone can point me to the regs directing this...

From leadership, "Medical documentation provided for the case was reviewed by the AMRO Board and proceeded to an Initial-Review-In-Leiu-Of (IRILO) a Medical Evaluation board per Department of Air Force (DAFMAN) 48-108, Physical Evaluation Board Liaison Officer (PEBLO) Functions: Pre-Disability Evaluations System (DES) and Medical Evaluation Board (MEB) Processing.

I was never assigned a PEBLO to discuss matters with and the evidence available in the IRILO was used by the Air Force Surgeon General finding me fit for duty and returned me to service.

Thoughts?
CM

You never really entered IDES. The AF does is very differently than other branches. They basically put you in code 31 to see if you might need to be in iDES. So they put you in code 31. If the docs think you can do your job or a different job then they can offload you right back to where you started or LAS. Since you weren't referred to IDES you don't get a PEBLO, or appeals. Its a way for them to ensure they only send people into IDES that will be found unfit.

The crappy part about it is that basically they use some of the steps in IDES as part of the process such as having a commanders impact statement but with a twist. I believe on the commander's impact statement you can non concur and state you disagree on the form. That isn't a thing in other branches that I know of. So basically they have docs and commanders give input and then if they think you are unfit then they put you in code 37 which is full IDES and there you have PEBLO appeals to the NARSUM, Jag representation etc.

 

[crustymusty]

You never really entered IDES. The AF does is very differently than other branches. They basically put you in code 31 to see if you might need to be in iDES. So they put you in code 31. If the docs think you can do your job or a different job then they can offload you right back to where you started or LAS. Since you weren't referred to IDES you don't get a PEBLO, or appeals. Its a way for them to ensure they only send people into IDES that will be found unfit.

The crappy part about it is that basically they use some of the steps in IDES as part of the process such as having a commanders impact statement but with a twist. I believe on the commander's impact statement you can non concur and state you disagree on the form. That isn't a thing in other branches that I know of. So basically they have docs and commanders give input and then if they think you are unfit then they put you in code 37 which is full IDES and there you have PEBLO appeals to the NARSUM, Jag representation etc.

sounds like a work around they have, just like everything. I sent a huge e-mail to my CC for a Commander's impact statement and they told me that, "Regarding the CC impact statement, that will only be required if the IRILO finds you not fit for retention"

 

[Provis]

sounds like a work around they have, just like everything. I sent a huge e-mail to my CC for a Commander's impact statement and they told me that, "Regarding the CC impact statement, that will only be required if the IRILO finds you not fit for retention"

That may be. So basically you can't even non concur unless they refer you to IDES. Ouch! So basically you have no rights because technically you were never in IDES. The problem with they way the AF does it is that they lack input from the Soldier. Your commander can say Soldier is doing fine etc even if its opposite of how you are actually doing etc. The NARSUM they create can have lots of errors and omissions for which they made their decision and you don't get to see it and point it out. Those errors might have caused them to believe your fit when you should be referred to IDES.