Why is it that....

CNSJohnson

CNSJohnson

PEB Forum Regular Member
PEB Forum Veteran
I was just shown my CC letter after being in the PEB stage for over four months and my CC actually wrote that they suspect I am "Malingering" and "WORKING THE SYSTEM". That I have singelhandedly lowered office moral, and that while they are unable to prove my Malingering, they call into question the "lighthandedness" of the med group and there willingness to "hand out Quarters like Candy". They have never told me any of this, and upon request for a copy of the CC letter I was told that it looked like the draft (Which looks nothing the same) and that they would get it to me. Up to this point supervision has been "Busy", and "Forgot".
 
CNSJohnson said:
I was just shown my CC letter after being in the PEB stage for over four months and my CC actually wrote that they suspect I am "Malingering" and "WORKING THE SYSTEM". That I have singelhandedly lowered office moral, and that while they are unable to prove my Malingering, they call into question the "lighthandedness" of the med group and there willingness to "hand out Quarters like Candy". They have never told me any of this, and upon request for a copy of the CC letter I was told that it looked like the draft (Which looks nothing the same) and that they would get it to me. Up to this point supervision has been "Busy", and "Forgot".
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Well you can't fix stupid, but sometimes your Congressamn Can..... This Is A Classic Case Of Abuse by Command And If Anything...... They Are The Cause Of The Lower Moral By Their Actions And Your Treatment... I don't advocate crying about the "Proverbial Clocck That Never Runs Fast Enough To Congress", BUT THIS ABUSE (Shades Of Poor Leadership And Lack Of Respect For Soldiers And Their Welfare Like The Walter Reed Scandal) :mad:
 
I have already typed the letter to my congressman and am just debating submitting it. The worst part of all of this is that I work in JAG, and they are the ones who recommended this letter even though they knew they couldn't meet the elements in the UCMJ (and even go as far as to allude to such). I just feel defeated.
 
CNSJohnson said:
I have already typed the letter to my congressman and am just debating submitting it. The worst part of all of this is that I work in JAG, and they are the ones who recommended this letter even though they knew they couldn't meet the elements in the UCMJ (and even go as far as to allude to such). I just feel defeated.
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WoW.... well they always say theirs no honor among thiefs, obviously Your JAG section is no better........ ;)
 
CNSJohnson said:
I was just shown my CC letter after being in the PEB stage for over four months and my CC actually wrote that they suspect I am "Malingering" and "WORKING THE SYSTEM". That I have singelhandedly lowered office moral, and that while they are unable to prove my Malingering, they call into question the "lighthandedness" of the med group and there willingness to "hand out Quarters like Candy". They have never told me any of this, and upon request for a copy of the CC letter I was told that it looked like the draft (Which looks nothing the same) and that they would get it to me. Up to this point supervision has been "Busy", and "Forgot".
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In my instance my CC didn't go that far - but he did state on multiple occasions of how terrible of an Airman I am, and that I cannot complete any task assigned leading him to require a TRUE AIRMAN that meets the quality and standards of the USAF and in particular our mission. Either way he called me a complete dirtbag then requested that I have my PEB rule in favor of return to limited duty so i can be administratively separated and take care of whatever medical concerns I may have on my own with the VA once removed from active military duty. WOW big support from the CC on that one - but I digress, when you signed your MEB packet for it to be mailed off you should have received a full copy of the packet from your PEBLO - in it first page i believe is the MEB portion some DD Form number - then like item 2 or 3 should have been your CC review letter. In it would be exactly what was sent to the PEB. IF you do NOT have copies of this you may want to try and make arrangments to get this as I've had to use it now on my IG complaint along with my congressional that's waiting in the wings of a CC informal hearing on my latest pt failure and demotion action. I've been demoted once already from E-5 to E-4 and now again they're trying to demote for failure to meet PT standards when i'm on 4 hr duty restrictions and NO PT, along with taking medications known to cause weight gain as assigned by prescribing physician. (NOT PCM) So my ADC Counsel along with CC, First Shirt, and the CC's "legal team" are having a sit down informal hearing on my rebutile even though with all those present it doesn't seem to me to be informal anymore. Either way, I'm at 8 failed PT tests in a row with 5 of them now since injury to my spine that required fusion and all the while, the slowness of the MEB process does not take into account my "Blatent Disregard to meet PT Standards, especially since I personally have received extra and extended recovery time to meet said standards outlined in AFI 36-2905." Yeah his words not mine. So i laugh and only hope this process ends soon or they'll have me moving back on base lol since I'll have gone from NCO to Airman slick sleave and not be able to afford my bills.

Sorry for the rant there but i hope you got some useful information out of it.
Later,
Klam
 
Wow man IG for sure! I usually don't promote IG because people usually
try and use it for the wrong reasons but if everything you said is traceable fact..
IG for sure. I'm not sure how the AF works but in the army certain admin actions are halted by regulation
during a MEB/PEB especially if it's caused BY the seperating condition.
Read up on AF regs about it all and visit jag too tho to be sure for ur situation
cuz I'd rather not e labeled a barracks lawyer hahaha
 
Jesse H said:
Wow man IG for sure! I usually don't promote IG because people usually
try and use it for the wrong reasons but if everything you said is traceable fact..
IG for sure. I'm not sure how the AF works but in the army certain admin actions are halted by regulation
during a MEB/PEB especially if it's caused BY the seperating condition.
Read up on AF regs about it all and visit jag too tho to be sure for ur situation
cuz I'd rather not e labeled a barracks lawyer hahaha
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You have no idea, the AF CC's have JAG helping them when they write up their documentation most of the time, atleast in my case my CC has always stated to me that i've had this vetted through the JAG and i'm "obligated and justified" in my actions...blah blah blah - I've filed an IG complaint but still have not heard back on it - only been 1 week thou.

AF cannot Admin Sep if undergoing an MEB/PEB but they can dual action the case pending the results of the PEB - but they CAN and DO continue to hold you to the physical standards even if the condition is noted to be the cause of said failures.
 
Physical yes and they can flag you for it but a pt or fat body separation is held pending peb findings. As long as ur found unfit ur clear from that admin separation...
At least this is how jag explained it to me.

Worst case, if ur jag is being shady go see trial defense lawyers on post
 
KLAMSNACKS;
I am in the same boat as you. Spine Condition that was not properly DX that predates all four PT test failures. I am Code 37 and still in the treatment stage. However they started the Admin Sep anyways even though they know the truth and the DX. I am now a POS and a hot topic in S-1/S-3. My e-4 was held from me and in oct I will hit my Four Year mark as an A1C. This place is a mess.

Best of luck to you.
 
Dfree454 said:
KLAMSNACKS;
I am in the same boat as you. Spine Condition that was not properly DX that predates all four PT test failures. I am Code 37 and still in the treatment stage. However they started the Admin Sep anyways even though they know the truth and the DX. I am now a POS and a hot topic in S-1/S-3. My e-4 was held from me and in oct I will hit my Four Year mark as an A1C. This place is a mess.

Best of luck to you.
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Sorry to hear that Dfree454 -unfortunately you will have to go the entire route of what they call maximal medical impact has been reached. Basically this means they "have" to do everything possible first to fix you before recommending you to the MEB. Once this decision is made then you are somewhat out of the Admin Separations purview, pending the decision of the MEB/PEB.

The thing I've noticed with others in my Unit/Base and from here on these forums, is that Unit/Squadron CC's tend to think that it's their doing the branch of service an honor kicking you out vs a disservice to you for failing to meet their standards. So they try to rush the process along in "their favor" and kick you out before the proper medical stuff can be identified. As with my case, my PCM would receive calls from my CC to the point that he and I could not even have a doctor patient conversation without him bringing up well your commander is going to want an explanation for this or that. And I no longer see this individual, all I do now is correspond with his office or thru MFR and he replies thru his office Airmen or to my Shirt to respond to me.

V/r
Klam
 
I have seen these cases with allusions to malingering work out both ways. In some cases, the "allegations" are ignored; in other cases, it hurts the member.

Each case is different, so it is hard to tell how this might play out. But, the basic approach to these types of cases, is to push forward with the evidence. This is the key in every case and if the medical facts support the condition, the allegations are basically disproven and ignored.

Hard to give a lot of other comments without knowing more about the case. However, understand that the evidence will be most important and if your conditions and disabilities are supported, it is likely that the input will be ignored.

Best of luck!
 
Jason said:
I have seen these cases with allusions to malingering work out both ways. In some cases, the "allegations" are ignored; in other cases, it hurts the member.

Each case is different, so it is hard to tell how this might play out. But, the basic approach to these types of cases, is to push forward with the evidence. This is the key in every case and if the medical facts support the condition, the allegations are basically disproven and ignored.

Hard to give a lot of other comments without knowing more about the case. However, understand that the evidence will be most important and if your conditions and disabilities are supported, it is likely that the input will be ignored.

Best of luck!
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I am having the worst time with this. The Air Force has broken all supposed timelines and I have now been waiting for the VA to do a rating for 80 days now. On top of everything the Med group is sending incomplete information to the VA. It was requested that I redo my PFT and it had to be accomplished 9 times before I was able to pass. They didn't say anything about that, or the fact thatI had to use my bronchiodialator in order to accomplish the test. Also, there was no mention of the fact that they have jhad to change and increase all of my Asthma meds since the MEB was submitted. There is a lot of half@$$ going on.
 
Thanks Klam & Jason. Some Gee Wizz info. I got the results back from my Sleep Study. I do infact have Mild Sleep Apnea. I have an appt for another study with a machine to see it that will help...
 
CNSJohnson said:
I was just shown my CC letter after being in the PEB stage for over four months and my CC actually wrote that they suspect I am "Malingering" and "WORKING THE SYSTEM". That I have singelhandedly lowered office moral, and that while they are unable to prove my Malingering, they call into question the "lighthandedness" of the med group and there willingness to "hand out Quarters like Candy". They have never told me any of this, and upon request for a copy of the CC letter I was told that it looked like the draft (Which looks nothing the same) and that they would get it to me. Up to this point supervision has been "Busy", and "Forgot".
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Without knowing all the details I can't say for sure, but on the surface this looks like some weak and cowardly business taking place by your CC. He/she doesn't appear to be much of a leader by trying to torpedo one of his unit members who is suffering a disabling medical condition('s). He/she actually questions the actions of the med group in the CC letter? Unbeleivable...What a doosh. The way I look at it, what your CC has put in this letter is entirely beyond your control so don't waste a moment of time dwelling on it; rather spend your time building your case and substantiating the severity of your condition('s). That's how you will get your due justice and prove to all that your CC is an idiot who doesn't take care of his people. I have a serious pet peeve about officers who don't stand up for their Airmen, particularly when their Airman are at their most vulnerable (i.e. injured or ill). Make him/her pay by undeniably proving your case/conditions. My 2 cents...
 
Thank you. After much contemplation I have relized that he only helped me on my depression and sever anxiety claim. His bad manners are my gain.
 
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