On 11/10/22, DODI 1332.18 was updated with mandatory guidance to be followed by all the armed services when processing PEB cases. Here are just a few reasons why this update is important for anyone undergoing the PEB process to review and understand:
1. In this update, there is a provision that allows service members to specifically demand that the FPEB cannot seat as board members anyone who participated in the adjudication process of your case at the IPEB. See Section 3.3.c.2.b of DODI1332.18. This means that you can exclude IPEB members from sitting on your FPEB, but you can also keep them if you think that their presence would help your case.
2. Prior to this update being issued, service members could only submit written appeals of adverse findings by the FPEB panel of their service. But, under Section 3.3d.1 of DODI1332.18, you can now request an additional hearing at which counsel can represent you. While no one knows yet how each service will implement this provision, this promises to be a great opportunity for service members to appeal an adverse FPEB decision to an entirely new panel.
3. Before this update, service members were only entitled to one Impartial Review and one Rebuttal. However, according to Section 3.2e.6 of the new instruction, service members will be entitled upon request to at least one rebuttal of the MEB findings. No clear guidance has been given regarding how any of the services will implement this provision and how many times you will be allowed to rebut the findings of your MEB Narrative Summary, but it could provide us with additional opportunities to correct incomplete or inaccurate medical board narrative summaries.
I shared this update with Jason Perry and will post any updates regarding how these changes will be implemented as this info becomes available. However, I would note that in my last Navy FPEB, the Board President reached out to me the night before the case to ask if this would be an issue so that he could obtain a replacement member if necessary. I have attached a copy of the new instruction for your review and for the moderators to post under the Resources section where they deem fit.
1. In this update, there is a provision that allows service members to specifically demand that the FPEB cannot seat as board members anyone who participated in the adjudication process of your case at the IPEB. See Section 3.3.c.2.b of DODI1332.18. This means that you can exclude IPEB members from sitting on your FPEB, but you can also keep them if you think that their presence would help your case.
2. Prior to this update being issued, service members could only submit written appeals of adverse findings by the FPEB panel of their service. But, under Section 3.3d.1 of DODI1332.18, you can now request an additional hearing at which counsel can represent you. While no one knows yet how each service will implement this provision, this promises to be a great opportunity for service members to appeal an adverse FPEB decision to an entirely new panel.
3. Before this update, service members were only entitled to one Impartial Review and one Rebuttal. However, according to Section 3.2e.6 of the new instruction, service members will be entitled upon request to at least one rebuttal of the MEB findings. No clear guidance has been given regarding how any of the services will implement this provision and how many times you will be allowed to rebut the findings of your MEB Narrative Summary, but it could provide us with additional opportunities to correct incomplete or inaccurate medical board narrative summaries.
I shared this update with Jason Perry and will post any updates regarding how these changes will be implemented as this info becomes available. However, I would note that in my last Navy FPEB, the Board President reached out to me the night before the case to ask if this would be an issue so that he could obtain a replacement member if necessary. I have attached a copy of the new instruction for your review and for the moderators to post under the Resources section where they deem fit.
