Unfit for Duty - Texas Air National Guard

Chad T.

New Member
Registered Member
3 and a half years ago, I separated from Active Duty after 10 years of service and was given a 50% VA Disability rating for Degenerative Disc Disease and a herniated discs in my back. I was accepted to join the Texas Air National Guard and was deemed worldwide deployable, and have been serving and training with my unit for the past 3 years. For the last 6 months I have been prepping for a deployment, orders issued in January, set to leave in a few weeks. Last week, I received a phone call and was told that the new Medical Group Commander reviewed my medical records and has deemed me unfit for duty and my unit has now removed me from the deployment. I was also told that an MEB would be initiated.

My questions are, what are the potential outcomes of this? I have over 13 years of service, 10 of which are active duty, almost 4,000 points. Am i going to lose my medical benefits when they kick me out? Will I ever get my pension? I have no idea what all this means and i am completely caught off guard. Please help if you can, thanks.
 
What is the unfitting condition
My Back, degenerative disc disease and 2 herniated discs, the same thing they originally took me in for and marked me deployable. I'm also 50% disabled from the VA for the same condition. Now 3 years later when my back has improved, 3 weeks before my deployment, they medically disqualified me for the deployment.
 
Just my opinion, but the commander is not going to send you on a deployment whith a jacked up back. If he signs your form knowing your back condition. It would make him responsible for putting you in a position to hurt your back even worse.
 
My questions are, what are the potential outcomes of this? I have over 13 years of service, 10 of which are active duty, almost 4,000 points. Am i going to lose my medical benefits when they kick me out? Will I ever get my pension? I have no idea what all this means and i am completely caught off guard. Please help if you can, thanks.
 
You have questions I just can’t answer
To many variables. I would contact jag
 
3 and a half years ago, I separated from Active Duty after 10 years of service and was given a 50% VA Disability rating for Degenerative Disc Disease and a herniated discs in my back. I was accepted to join the Texas Air National Guard and was deemed worldwide deployable, and have been serving and training with my unit for the past 3 years. For the last 6 months I have been prepping for a deployment, orders issued in January, set to leave in a few weeks. Last week, I received a phone call and was told that the new Medical Group Commander reviewed my medical records and has deemed me unfit for duty and my unit has now removed me from the deployment. I was also told that an MEB would be initiated.

My questions are, what are the potential outcomes of this? I have over 13 years of service, 10 of which are active duty, almost 4,000 points. Am i going to lose my medical benefits when they kick me out? Will I ever get my pension? I have no idea what all this means and i am completely caught off guard. Please help if you can, thanks.



The AFI listed below may provide you some insight (Chapter 8 I think)
AIR FORCE INSTRUCTION 36-3212 2 FEBRUARY 2006 Incorporating Through Change 2, 27 November 2009 Personnel PHYSICAL EVALUATION FOR RETENTION, RETIREMENT, AND SEPARATION
 
Afi-44-170,36-3212,48-123,41-210,10-203

You may not need all of them but it may help.
 
Hi Chad,
The MEB can be initiated 2/2 medical issues that have not responded to treatment
( usually with 12 months) of treatment. Regarding back issues:
Each case is different, some DDD is an part of the aging process or 2/2 the type of job a person does on a repetitive basis. These conditions can and often lead to other medical issues. I understand your concerns, and worries, especially with the time you committed in serving our nation.
An MEB active duty med board is not a bad thing, however you will want to ask the COC if you will have an Active Duty MEB & if so, let them know you would like to be placed on Medical continuation orders 12301(h) orders in order to go through that process.
If your are MEB’d “Gather” all your medical documents make copies and have them ready to provide to your unit. Make sure... when you are asked to fill out a form for the VA and MEB medical issues...that you indicate “all” military injuries, aggravation ( etc) caused by service...that way you will be rated hopefully on “all” unfitting conditions by the military, and all conditions including unfitting by the VA.
If the PEB were to rate you 75% or greater, then that would give you a military medical retirement. It would also provide you for life 75% of your current base pay at the time of retirement or if promoted 75% of the base pay in the next grad.
Any PEB rating greater then 30% would allow Tricare for life, ID cards, you keep your 9/11 GI bill...etc.
While in the MEB you remain eligible for promotion...if your injuries are combat related, your MEB documents should note that so you can apply for CRSC. A lot of this information can be found under the forum drop down list...Hope others will jump but peruse the Forums ...educate yourself. Pebforum is great in that and it will all work out.
Keep all comunication in e-mail form, do not give up original documents, make copies, understand who your poc’s are in this process, and if possible get to a local Air Base and speak to an MEB JAG officer...Jason Perry ( is a former) JAG officer and has set up this site.
If i were you, i would reach out to Jason, hire him if possible to help you through this process...his expertise is worth it....
 
If you were on orders when they pulled you off the deployment, I doubt you have much to worry about. You should be entitled to an MEB if they don’t get those conditions waived for you. The ANG has waived me for many conditions over the years. If not then you will get sent into the IDES system for a possible medical retirement. Just make sure the Guard unit follows the rules, they are not as up to speed as active duty, but you have the same rights. Don’t sign anything without knowing what it is!!! I have seen people sent to the gray area retiree without going into IDES for “not in the line of duty injuries”.
Guard will assume anything wrong with you happened while you were not on duty unless you documentation. Having been rated by the VA already is good documentation.
 
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