soldier getting admin discharge before MEB

hsanchez0328

PEB Forum Regular Member
PEB Forum Veteran
I've been an avid reader of this website for awhile now. I've found a lot of useful informantion that I have been able to pass along to my soldiers and friends. I'm a retention NCO for my BN and my job involves helping soldiers out whether they want to stay in the army, or not. I currently have a soldier that is supposed to be MEB for his back. Yet his paperwork has not "made it" to the acual MEB. He has tried calling them but all they tell him is that his paperwork has not being reviewed because of backlog. Now his chain of command is pushing to have this soldier chaptered because of weight issues, can they actually do this? And what can he do to get his MEB started before he is chaptered out? His primary health provider was the one that put in for the medboard but he tells him that he cannot do anything more after submitting the paperwork. If anyone can help me point him in the right direction, it would be very much appreciated.
 

carnelli53

Moderator
PEB Forum Veteran
Registered Member
If they are trying to separate him as a two-time PT failure or tape failure (you mentioned weight issues, I can only imagine this means he/she busted tape) under the guises of AR 635-200 Chapter 13, then the following regulation applies:

AR 635-40
4–3. Enlisted Soldiers subject to administrative separation
a. Except as provided below, an enlisted Soldier may not be referred for, or continue, physical disability processing when action has been started under any regulatory provision which authorizes a characterization of service of under other than honorable conditions.
b. If the case comes within the limitations above, the commander exercising general court-martial jurisdiction over the Soldier may abate the administrative separation. This authority may not be delegated. A copy of the decision, signed by the general court-martial convening authority (GCMCA), must be forwarded with the disability case file to the PEB. A case file may be referred in this way if the GCMCA finds the following:
(1) The disability is the cause, or a substantial contributing cause, of the misconduct that might result in a discharge under other than honorable conditions.
(2) Other circumstances warrant disability processing instead of alternate administrative separation.
c. A Soldier being considered for separation because of unsatisfactory performance (AR 635–200, chap 13), must be referred for disability processing upon approved recommendation of a MEBD (AR 635–200, para 1–35a).
Not sure if his back is the cause of his weight problems, notwithstanding the obvious argument that can be made in support of such an assertion. But I'm pretty sure (and don't quote me on this) that in either case, he/she would be discharged under AR 635-200 CH 13 if it was the weight problems the command is citing as unsatisfactory performance. My contention is that they can't move forward with the admin discharge if the back problems are the cause of his weight gain/inability to lose weight.

Also, the regulation implies that the MEB has to review the case in any event.

I would suggest identifying and contacting the deployment health/MEB section at the local MTF immediately. They will be able to offer a SITREP on what's going on with his case. The MEB personnel should also be made aware of the pending administrative action against your Soldier. Depending on the facts, they should be able to mitigate any adverse action against your Soldier.

Good luck and don't hesitate to ask more questions.
 

maparker

Moderator
PEB Forum Veteran
Registered Member
Foul ball. MEB processing takes priority. You are not at Fort Hood by chance?

Mike
 

hsanchez0328

PEB Forum Regular Member
PEB Forum Veteran
Hey thanks for the info. I believe his back problems are cause for him being overweight. Basically his profile states that he can't do anything except walk and only for a certain distance. We've been talking to the MEB section and they keep telling us that they recieved his packet but they haven't reviewed it yet because of backlog. So the chain of command is trying to expedite his admin separation which is messed up because he would have to repay his reenlistment bonus and won't be able to receive any type of compensation from the army.
 

greenne

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Hey thanks for the info. I believe his back problems are cause for him being overweight. Basically his profile states that he can't do anything except walk and only for a certain distance. We've been talking to the MEB section and they keep telling us that they recieved his packet but they haven't reviewed it yet because of backlog. So the chain of command is trying to expedite his admin separation which is messed up because he would have to repay his reenlistment bonus and won't be able to receive any type of compensation from the army.
This is an IG complaint waiting to happen. Make sure he/you document EVERYTHING. Who you talked to about this. What you want is something in writing that states the date they recieved the MEB packet. I'm AF so I know it is a little different...but who initiated his MEB. If it was his PCM....then the date the PCM initiated the MEB should suffice. As long as that date is BEFORE all this admin nonsense.

There should be some sort of proof somewhere of when the PCM initiated the MEB...that's what you need...IMHO.

Nate
 

carnelli53

Moderator
PEB Forum Veteran
Registered Member
So the chain of command is trying to expedite his admin separation
Simply put, this is the wrong answer. Whatever level this action is being prescribed from (company, battalion) it needs to be addressed to higher - admin separation in lieu of MEB processing is clearly contrary to regulations.
 

RikersIsland1

PEB Forum Regular Member
PEB Forum Veteran
[FONT=&quot]AR 635-200 1-33a should apply[/FONT][FONT=&quot]
[/FONT]

[FONT=&quot]1–33. Disposition through medical channels[/FONT]
[FONT=&quot]a. [/FONT][FONT=&quot]Except in separation actions under chapter 10 and as provided in para 1–34b, disposition through medical channels takes precedence over administrative separation processing.[/FONT]
[FONT=&quot]b. [/FONT][FONT=&quot]When the medical treatment facility (MTF) commander or attending medical officer determines that a soldier being processed for administrative separation under chapters 7 (see sec IV), 14, or 15, does not meet the medical fitness standards for retention (see AR 40–501, chap 3), he/she will refer the soldier to a Medical Evaluation Board (MEB) in accordance with AR 40–400. The administrative separation proceedings will continue, but final action by the separation authority will not be taken, pending the results of MEB.[/FONT]
[FONT=&quot](1) If the MEB findings indicate that referral of the case to a physical evaluation board (PEB) is warranted for disability processing under the provisions of AR 635–40, the MTF commander will furnish copies of the approved MEB proceedings to the soldier’s GCMCA and unit commander. The GCMCA may direct, in writing, that the soldier be processed through the physical disability system when action under the UCMJ has not been initiated, and one of the following has been determined:[/FONT]
[FONT=&quot](a) [/FONT][FONT=&quot]The soldier’s medical condition is the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination.[/FONT]

[FONT=&quot](b) [/FONT][FONT=&quot]Other circumstances of the individual case warrant disability processing instead of further processing for administrative separation.[/FONT]
[FONT=&quot](2) The authority of the GCMCA to determine whether a case is to be processed through medical disability channels or under administrative separation provisions will not be delegated.[/FONT]
[FONT=&quot](3) The GCMCA’s signed decision to process a soldier through the physical disability system will be transmitted to the MTF commander as authority for referral of the case to a PEB.[/FONT]
[FONT=&quot](a) [/FONT][FONT=&quot]Copies of the GCMCA’s decision will be furnished to the unit commander and included in the administrative separation proceedings.[/FONT]
[FONT=&quot](b) [/FONT][FONT=&quot]The unit commander will suspend processing of the administrative separation action pending the PEB.[/FONT]
[FONT=&quot]1. [/FONT][FONT=&quot]If the soldier is found physically fit, the administrative separation action will be resumed.[/FONT]
[FONT=&quot]2. [/FONT][FONT=&quot]If the soldier is found physically unfit, the administrative separation action will be abated.[/FONT]
[FONT=&quot]c. [/FONT][FONT=&quot]Disability processing is inappropriate if the conditions in b(1)(a) and (b) do not apply, if UCMJ action has been initiated, or if the soldier has been medically diagnosed as drug dependent. (See para 14–12c.) Accordingly, disability processing is inappropriate in separation actions under chapter 10.

Hope this helps
[/FONT]
 

hsanchez0328

PEB Forum Regular Member
PEB Forum Veteran
Thank you all for the information, I took this to his chain of command and they weren't happy. But, I hate it when all they want to do is burn somebody instead of helping them out especially when they have a legitimate reason. Thanks again.
 

Triplett

PEB Forum Regular Member
:eek:
Hi. Is there a similar AFI to the AR635- 200? Unfortunately, we are dealing with the same thing besides the fact that my husband was actually Admin discharge with Probation and Rehabilitation. He is now going to the MEB. We are very annoyed with this whole situation and was curious if there was an actual chance of them dropping the whole Admin discharge since there was medical evidence as why he was on profile and not able to pass his PT.
 

jonessy

PEB Forum Regular Member
I'm in a similar situation. My MEB process started about a year ago and has yet to leave the base (Langley AFB). I was diagnosed with adult acquired flat feet and billateral degenerative foot disease. I have had 5 foot surgeries and I'm now scheduled to have reconstructive foot surgery on both feet. My surgery has been canx'd twice now due to the fact that my BP has been to high for them to operate. I was switched to a beta blocker this month and it seem to be working, but my EKG was off so I haven't been cleared for surgery yet pending the results of my nuclear stress test. I haven't been able to exercise since 2004 and to make matters worse I was also diagnosed with left ventriculary hypertrophy and diastolic dysfunction in Mar 09. So my PT test consist of height, waist, and weight. Not being able to exercise has cause me to gain alot of weight. They say that dieting will help, but if you have no way of burning off calories then it's not going to work unless I stop eating all together. Anyway, I failed my PT test 4 times in a row now and my commander told me that he has to make a recommendation to the wing cc to separate me for "failure to maintain standards". If they take this route, will the separation package go to AFPC along with my MEB package or is it done separately? Also if my MEB package hasn't left the base yet because of my surgery being on hold, can they press forward with the admin sep even though the MEB was started first? Sorry for the long post, but I'm in desperate need of some advice. Oh btw, I have to attend a fitness review panel this Friday. Thanks in advance for your help

Shalonda
 

Sharifa

PEB Forum Regular Member
PEB Forum Veteran
Shalonda,
Do you know if you are in a Code 37 status (awaiting MEB/PEB)? I am pretty sure they can't do anything to you until this code is cleared by a fit/unfit finding. I have not been able to work out for over a year. I had back surgery this year and weighed 193lbs. I cut out ALL junk food, ate as natural as I could and lost 30lbs. The guy in the orderly room couldn't believe I was losing without working out! You need to eat in the calorie range for the weight you need to be but no lower than 1200 calories a day. I wanted to be 140 so I was eating 1400 calories a day of nutritionally solid food. Once you start eating that way you won't be hungry because the food is filling because of the fiber contents and also my blood sugar has leveled out tremendously. Any way I don't mean to preach or anything but you could definitely try this approach and show them you are trying. I am not sure if you want to be found fit or unfit but if they do return a fit finding, if you have lost the weight they wouldn't be able to touch you administratively. Oh, you might also try isometric exercises that don't require you to stand up. I did mine in bed before I got up in the morning. I hope this helps a little :)

Search for Assignment Code 37 in Google. Look for AFPC_CC Approved Template. There is a complete slide show there. This is slide 6: (sorry can't figure out how to change font for pasted material).

When a member has a physical limitation which may not be temporary, the MTF provides the MPF and HQ AFPC/DPAMM an AF Form 422 indicating that an MEB, which could result in a PEB, is being processed…a member pending MEB or PEB may not be reassigned PCS or TDY (or granted leave outside the local area, separated or retired) until after the MTF determines the medical disposition.” AFI 36-2110 2.17.2.


Sharifa
 

serjical_strike

PEB Forum Regular Member
any body in any situation involving chapters or forced ets while you are in a meb or pre meb at ft hood texas, please email at rootxboundxap[email protected] I have first hand experience with this situation and have beaten it numerous times.

Any other issues regarding meb pre meb or peb I am more then happy to help you when I can and if I cant I am pretty resourceful of knowing where you can go to get the help you need. do not hesitate if you need help. I have been there and am still fighting the situation.
 

jonessy

PEB Forum Regular Member
Sharifa,

I am in code 37 status and my reenlistment code is 4K Medically disqualified for continued service, or the airman is pending evaluation by MEB/PEB. After my last PT failure, I had to go see my commander and he informed me that if I didn't show significant improvement for my next test (10 Nov 09) that he would have to recommend discharge from the military for failure to meet standards. I was told by the PEBLO here on base that both packages would go to AFPC at the same time which wouldn't be until I had surgery (I'm guessing).

I have had enough of the whole process and wish that it was over so I can move forward. Being in this squadron and dealing with all the BS I'm getting from my leadership has literally pushed me to the edge. I am so ready to get out, I hate to leave with only 6 years left. The PEBLO here only thinks that I will get 20% for my feet with or without the surgery, so I am leaning towards having to process my MEB package without surger so I can leave this nightmare behind. Any suggestions? Does anyone know how severance pay works?

Shalonda
 

dj_oif2004

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
any body in any situation involving chapters or forced ets while you are in a meb or pre meb at ft hood texas, please email at [email protected] I have first hand experience with this situation and have beaten it numerous times.

Any other issues regarding meb pre meb or peb I am more then happy to help you when I can and if I cant I am pretty resourceful of knowing where you can go to get the help you need. do not hesitate if you need help. I have been there and am still fighting the situation.
I would like some help!
 
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