YetAnother Admin Action/ MEB Question

klamsnacks

klamsnacks

PEB Forum Regular Member
PEB Forum Veteran
OK So here we go (Broken Record time)

Active Duty 7-year SSgt/E-5. Over the last 2 years i've failed 4 pt tests, but have not recieved any paperwork/disciplinary action whatsoever. 3 of the pt tests were after coming off a profile for a couple of medical conditions. The most recent was after being put on a med profile that involved back pain, where i was Waist only tested and failed.

In the last 6 months I've had a SMSgt pull me into his office and tell me that he is looking to take a stripe away from me for on the job related activities, basically i've got 9 additonal duties and currently doing security manager and orderly room jobs for the Key Personal of a "semi detached unit" (Across Base) He couldnt find me cause i was across base and "no one knew" where i was at - but no one called me to tell me they were looking for me. Either way so I digress with current medical situation.

On or about the middle of January i was at base gym working out doing reverse military press on a machine with about 50 lbs. I was going for reps not max, felt a tweak/twing in my back and immediately had to stop. Went home as this was a day off, and took a shower and layed down to rest. I could not get to sleep was having a burning foot pain with numbness in the foot/toes as well. I let this go for a week, and the week of the 21 (est) went to the UFPM and told him i was going to see the doctor for a back ailment / footpain and would be unable to test on the 24th. Test rescheduled for 8 Feb 11.

See the doctor he sets me up with some various pain meds naproxin and flexril for muscle relaxation and to help sleep. Orders me to undergo Physical Therapy and an X-Ray of my lower back. Puts me on a Duty Limiting Profile - that's no run / sit / push / lift > 40lbs - and no Walk > 1/4 mile. - PT Test and Fail....still no word on this from leadership (Current Supervisor Deployed) Have major issues walking now and sleeping getting to the point of non-existent even with the meds i'm getting an hour maybe an hour and a half of sleep. I decide to take a week of leave and relax at home cause it's gotten bad enough that sitting in a chair is only viable for 30 minutes max before my footpain and back pain are to much...but then i can only stand for 15 minutes before my back/footpain force me to sit back down..vicious circle. Xrays show grade 1 L5 vertebrae displacement and major/severe bone degenerative disease....

March 3rd, Go back to see the doc, tell em that the meds arent working, neither is Physical therapy. He puts me on Celebrex, Ultram, Robaxin.....extends profile as it's Expiring March 7, and orders me to get an MRI and see a PODIATRIST because he doesnt think and i QUOTE " The foot thing is related to the back thing " ok, and also to see a Pain Mgmt specialist. One week later back in, to see doc, meds arent working, full blown insomnia now. Puts me on Ambien, he got the MRI Result's (printout of imaging technicians observations) Basically have two herniated discs one in very terrible shape. Other not so great with nerve presure on the Sciatic on my right side. Puts me on quarters for a day, extends profile to April. www.steelahlive.com/mri.html <--MRI Scan|

March 8th, get an Epidural in my back and on quarters till friday. Friday comes around i can barely walk, no sign of epidural/plus current meds doing anything. Call Pain Mgmt Specialist, need to mis another day of work - SMSgt says if i'm really in as much pain as i say I am - He'll send someone out to drive me to doc, go to pain mgmt doc - he prescribes me Lortram (Vicodine) take over the weekend and at night when i'm not at work. Insomnia ensues, minor pain relief but not significant.

Return to work this week of 14th, pain excrutiating. Level 8 / 10. I've never fallen below a 7 since inury. Our CMSgt recently returned from discoemty?? Dont know proper term procedure - explains to me same exact symptoms and that i need to go see my doc next day and demand Neurologist Appointment...I do go in yesterday, says there's nothing he can do for the insomnia as far as quarters are concerned, and the Neurologist referall is more than likely our next step but wants me to get my second epidural first, but prescribes me an Anti-Depressant that now is used for sleep aid. (Amitryptyline - Elavil) - Has no effect - stay up all day/night - go into work today and tell my Lt. Col and Major and SMSgt that i'm putting in for leave until next week when i get my next epidural since i cannot effectively do my job sitting at my computer desk. They all agree and it gets approved, but NOt before the SMSgt wants to have some words with me...

SO...the SMSgt has a little meeting with me, and informs me that "well you know he PT standards, and you've failed 4 PT tests and the commander is now in the process of seeking administrative action against you" I then inform him that Well sir, currently my last failure was while on profile for an ongoing medical problem that is more than likly going to require a spinal fusion, or disc repair. And that according to an AFI i was reading...cant remember the exact one that paragraph 9.1.5 specifically states a commander cannot do that without first requesting a PEB/MEB take place. The Senior blew me off on that saying that it was looked at and the commander is following thru ( new commander who is Gung Ho about PT) with administrative action... I then informed him that I would be seeking the HELP of IG and ADC because I dont think they can take rank or discharge me for a condition i'm currently on a profile for that has yet to be resolved. As well as the fact that no paperwork for past PT Failures had ever been done, and that they couldn't just jump from nothing to admin action...He's like "Yeah I know there's no paperwork, I looked everywhere and couldn't find anything, and that's your past supervisors fault, but the fact is you know the policy and you will be punished with administrative actions per the squadron CC."

1. Can they do this? I dont think so and Will be seeking the ADC advice tomorrow if i can get up and get in there.

2. At this point should I be demanding that my PCM put me in for a MEB before they've had time to fix me completly since this isn't a quick process and i could get another PT Failure possiblity before this is all finished.

3. Really am stressed out here, and dont know what to do, as well as medicated beyond belief - obviously DONT Sign anything, but if i return to work next wednesday and refuse to sign some admin action paperwork, could i get in trouble.? Along with that, should i be forced to take my own leave for a medical condition that has me to the point that i can barely walk/sit and perform my duties.

4. Also worried about this 8 year thing i keep reading on here as i've been browsing these forums for the last few days.

I dont really know where to turn/what to do....

PS> Great forums, i know each case is similar but their are specific things the AF can and cannot do so i'm just looking for advice on what to do now.

Thanks,
Klamsnacks
 
Been a week since i posted with quite a number of views...anyone have suggestions? Sorry for the shameless bump.
 
Short answers:

1. They can do anything they want. Is it legal? NO. Will you prevail if you fight them? YES.

2. You cannot self refer to a MEB. "They" WILL have to do that. Don't worry, it will happen.

3. You do not have to sign ANYTHING. They also cannot force you to use your own leave.

4. 10 U.S.C. § 1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions:

(a) In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty.

 (b) A member described in subsection (a) is a member with at least eight years of active service.

The "eight year rule" 10 U.S.C 1207a applies if you have a preexisting condition prior to joining the military. Basically, if you have a preexisting condition prior to service documented in your first physical and have 8 or more years of active duty (any combination) and that condition them becomes unfitting, that condition is now considered in the line of duty. The Lawyers will probably tear me up on that but that's my lay definition...however, you can relax because this more than likely will not be an issue for you.

5. Start reading and asking questions. You are your own best advocate.

Since you are Air Force here is a SHORT list of what you need to start down loading and begin reading/adding to your library:

AFI36-2910 (Line of duty) The start of everything.
AFI10-203 (Duty limiting conditions) Profiles.
AFI41-210 (MEB) How medical admin types are suppose to do a MEB-Chapter 10.
AFI48-123 (MEB) What conditions call for a MEB. This is what triggers a MEB from a AF doctor.
AFI36-3212 (PEB) This is the reg on PEB's.
AFI36-3208 Admin separations.
DoDI 1332.38 (DoD reg on the DES)
38 USC part 4 (VA Schedule for rating disabilities) VASRD
10 USC Chapter 61 (This is the law on disability retirements)
Etc., Etc., Etc...

Get to work my friend, dig in and get ready for a fight. They will win ONLY if you let them...
 
Ruptured Duck said:
Short answers:

1. They can do anything they want. Is it legal? NO. Will you prevail if you fight them? YES.

2. You cannot self refer to a MEB. "They" WILL have to do that. Don't worry, it will happen.

3. You do not have to sign ANYTHING. They also cannot force you to use your own leave.

4. 10 U.S.C. § 1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions:

(a) In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty.

 (b) A member described in subsection (a) is a member with at least eight years of active service.

The "eight year rule" 10 U.S.C 1207a applies if you have a preexisting condition prior to joining the military. Basically, if you have a preexisting condition prior to service documented in your first physical and have 8 or more years of active duty (any combination) and that condition them becomes unfitting, that condition is now considered in the line of duty. The Lawyers will probably tear me up on that but that's my lay definition...however, you can relax because this more than likely will not be an issue for you.

5. Start reading and asking questions. You are your own best advocate.

Since you are Air Force here is a SHORT list of what you need to start down loading and begin reading/adding to your library:

AFI36-2910 (Line of duty) The start of everything.
AFI10-203 (Duty limiting conditions) Profiles.
AFI41-210 (MEB) How medical admin types are suppose to do a MEB-Chapter 10.
AFI48-123 (MEB) What conditions call for a MEB. This is what triggers a MEB from a AF doctor.
AFI36-3212 (PEB) This is the reg on PEB's.
AFI36-3208 Admin separations.
DoDI 1332.38 (DoD reg on the DES)
38 USC part 4 (VA Schedule for rating disabilities) VASRD
10 USC Chapter 61 (This is the law on disability retirements)
Etc., Etc., Etc...

Get to work my friend, dig in and get ready for a fight. They will win ONLY if you let them...
Click to expand...

WOW ! Great response - Thank You DUCK!! You are the man! (Hope not a woman =P) I do indeed have some reading...only one quick question about the whole forcing me to use my leave...They didn't exactly "force me to use leave" it's just that I've been to the doctor's repeatedly and it's not like they're putting me on quarters every time i see them. Infact they've only put me on quarters once. Except for the Pain Management doctor. I took the leave because i just cant lay down at work and even getting to and fro is painful as hell so i just decided to take the leave so i could rest until my epidural came this week.

I had my 2nd Epidural yesterday and got my first night's sleep in a while. Went to sleep at 10am and woke up at 1250 am. The Epidural itself was very painful this time around and the doctor had me grimmacing the entire time. And I've noticed NO change but they say it can take 3-7 days before you'll notice.

Again Thanks for the info,
Klamsnacks
 
No problem...glad I could help and give some info.

BTW- I'm a male duck...:cool:
 
You can self refer for a MEB. I just did it and my MEB was mailed off last week for my IPEB.
 
This may be a matter of semantics, but a physician has to initiate MEB. You can go and ask them about an MEB. But there is no way for a member to start an MEB.
 
klamsnacks said:
OK So here we go (Broken Record time)

Active Duty 7-year SSgt/E-5. Over the last 2 years i've failed 4 pt tests, but have not recieved any paperwork/disciplinary action whatsoever. 3 of the pt tests were after coming off a profile for a couple of medical conditions. The most recent was after being put on a med profile that involved back pain, where i was Waist only tested and failed.

In the last 6 months I've had a SMSgt pull me into his office and tell me that he is looking to take a stripe away from me for on the job related activities, basically i've got 9 additonal duties and currently doing security manager and orderly room jobs for the Key Personal of a "semi detached unit" (Across Base) He couldnt find me cause i was across base and "no one knew" where i was at - but no one called me to tell me they were looking for me. Either way so I digress with current medical situation.

On or about the middle of January i was at base gym working out doing reverse military press on a machine with about 50 lbs. I was going for reps not max, felt a tweak/twing in my back and immediately had to stop. Went home as this was a day off, and took a shower and layed down to rest. I could not get to sleep was having a burning foot pain with numbness in the foot/toes as well. I let this go for a week, and the week of the 21 (est) went to the UFPM and told him i was going to see the doctor for a back ailment / footpain and would be unable to test on the 24th. Test rescheduled for 8 Feb 11.

See the doctor he sets me up with some various pain meds naproxin and flexril for muscle relaxation and to help sleep. Orders me to undergo Physical Therapy and an X-Ray of my lower back. Puts me on a Duty Limiting Profile - that's no run / sit / push / lift > 40lbs - and no Walk > 1/4 mile. - PT Test and Fail....still no word on this from leadership (Current Supervisor Deployed) Have major issues walking now and sleeping getting to the point of non-existent even with the meds i'm getting an hour maybe an hour and a half of sleep. I decide to take a week of leave and relax at home cause it's gotten bad enough that sitting in a chair is only viable for 30 minutes max before my footpain and back pain are to much...but then i can only stand for 15 minutes before my back/footpain force me to sit back down..vicious circle. Xrays show grade 1 L5 vertebrae displacement and major/severe bone degenerative disease....

March 3rd, Go back to see the doc, tell em that the meds arent working, neither is Physical therapy. He puts me on Celebrex, Ultram, Robaxin.....extends profile as it's Expiring March 7, and orders me to get an MRI and see a PODIATRIST because he doesnt think and i QUOTE " The foot thing is related to the back thing " ok, and also to see a Pain Mgmt specialist. One week later back in, to see doc, meds arent working, full blown insomnia now. Puts me on Ambien, he got the MRI Result's (printout of imaging technicians observations) Basically have two herniated discs one in very terrible shape. Other not so great with nerve presure on the Sciatic on my right side. Puts me on quarters for a day, extends profile to April. www.steelahlive.com/mri.html <--MRI Scan|

March 8th, get an Epidural in my back and on quarters till friday. Friday comes around i can barely walk, no sign of epidural/plus current meds doing anything. Call Pain Mgmt Specialist, need to mis another day of work - SMSgt says if i'm really in as much pain as i say I am - He'll send someone out to drive me to doc, go to pain mgmt doc - he prescribes me Lortram (Vicodine) take over the weekend and at night when i'm not at work. Insomnia ensues, minor pain relief but not significant.

Return to work this week of 14th, pain excrutiating. Level 8 / 10. I've never fallen below a 7 since inury. Our CMSgt recently returned from discoemty?? Dont know proper term procedure - explains to me same exact symptoms and that i need to go see my doc next day and demand Neurologist Appointment...I do go in yesterday, says there's nothing he can do for the insomnia as far as quarters are concerned, and the Neurologist referall is more than likely our next step but wants me to get my second epidural first, but prescribes me an Anti-Depressant that now is used for sleep aid. (Amitryptyline - Elavil) - Has no effect - stay up all day/night - go into work today and tell my Lt. Col and Major and SMSgt that i'm putting in for leave until next week when i get my next epidural since i cannot effectively do my job sitting at my computer desk. They all agree and it gets approved, but NOt before the SMSgt wants to have some words with me...

SO...the SMSgt has a little meeting with me, and informs me that "well you know he PT standards, and you've failed 4 PT tests and the commander is now in the process of seeking administrative action against you" I then inform him that Well sir, currently my last failure was while on profile for an ongoing medical problem that is more than likly going to require a spinal fusion, or disc repair. And that according to an AFI i was reading...cant remember the exact one that paragraph 9.1.5 specifically states a commander cannot do that without first requesting a PEB/MEB take place. The Senior blew me off on that saying that it was looked at and the commander is following thru ( new commander who is Gung Ho about PT) with administrative action... I then informed him that I would be seeking the HELP of IG and ADC because I dont think they can take rank or discharge me for a condition i'm currently on a profile for that has yet to be resolved. As well as the fact that no paperwork for past PT Failures had ever been done, and that they couldn't just jump from nothing to admin action...He's like "Yeah I know there's no paperwork, I looked everywhere and couldn't find anything, and that's your past supervisors fault, but the fact is you know the policy and you will be punished with administrative actions per the squadron CC."

1. Can they do this? I dont think so and Will be seeking the ADC advice tomorrow if i can get up and get in there.

2. At this point should I be demanding that my PCM put me in for a MEB before they've had time to fix me completly since this isn't a quick process and i could get another PT Failure possiblity before this is all finished.

3. Really am stressed out here, and dont know what to do, as well as medicated beyond belief - obviously DONT Sign anything, but if i return to work next wednesday and refuse to sign some admin action paperwork, could i get in trouble.? Along with that, should i be forced to take my own leave for a medical condition that has me to the point that i can barely walk/sit and perform my duties.

4. Also worried about this 8 year thing i keep reading on here as i've been browsing these forums for the last few days.

I dont really know where to turn/what to do....

PS> Great forums, i know each case is similar but their are specific things the AF can and cannot do so i'm just looking for advice on what to do now.

Thanks,
Klamsnacks
Click to expand...


OK, so I'm back with some more information/rants.

I had my second epidrual on 25 March, this one had me in so much pain that i was unable to work until the 8th of April. Had many phone calls with doctors and First Shirt whom said he was working on getting me put on convo. Well long story short, I come back to work and have to have a meeting with SMSgt and commander, they inform me i have an appointment with the Squadron commander later that afternoon in Full Service dress blues. Go home change, come back - he's issuing me an LOR for absent without leave and failure to perform duties. I'm just astonished, and it starts for the DAY OF my last epidural thru the 8th. I was amazed. Then got my EPR following week and it's a referral 3. Then same week get notified that the Administrative action against me. Obviously i've seen the ADC this entire time, and the lawyer told me they can do the administrative action against me and nothing to fight it with. EVEN with the current medical condition. So I'm PCM referred to see a Neurosurgeon....FINALLY.... he looks at my MRI (apparently) not with me and tells me in a 15 minute consult 2 hours away drive, that he sees no reason for my pain but orders a mylegram. Talk about worst procedure on the planet, i had headaches for 2 weeks following, and i'm talking debilitating ones. So, 2 weeks later now pushing into May, his nurse calls and informs me that they acknowledge i have a couple of bulging discs with slight nerve inmpingment but there is nothing the Neuro Doc can do for me that would be beneficial.

So next i'm scheduled for a Physical Evaluation by my PCM on whether i can have physical program success. Well i see one of his team members a LT and she's all about saying no not with my current condition but needs to run it by my actual PCM. He comes in and says no way i can say no to this, you've been on an active profile that has exempted you from PT portions you cant pass. IE AC measurment. I'm just amazed at the complete lack of realism here. He again re-interates my pain levels dont match whatever it is I "think" i have.... So I argue with him that it makes no sense that you would say i could still be waist measured and expected to pass since the profile you have me on restricts me from doing ANYTHING - and rightfully so. I asked him take blood since they've not once done that. Oh yeah and PT test and fail on the 25th, bringing my total up to 5 in a row - 2 with the current medical condition.

And they put me in to see ANOTHER pain management specialist (Now June). I'm thinking to my self great more epidurals... Well this guy looks over my MRI with me, and tells me he is 99 percent positive i need spinal fusion of my L5 and thinks it needs to go up to the L4/L3 as well but wants me to have a discogram done first. WOW. He shows me the annular tears in my discs says from L3 up looks normal, from L4 down like an 80 year olds back....Finally some vindication. I suppose, but now have the whole getting demoted, and need to know what to expect from that and with the whole 5th failure yet undiscussed formally anyways with me and my operation yet unscheduled. What should i be expecting now...at this point they've beaten me up to the point i just dont know what to do.

Thanks for your time,
Klamsnacks
 
Keep up your spirits! Sounds like you are getting a really raw deal, but it is hard to tell you much without knowing specifics. Are you being demoted administratively or via Article 15? It sounds like you have a good basis to fight the administrative action either way. Of course, you should be getting advice from your ADC. The LOR is something you can rebut and possibly challenge in other venues. Admin reduction would depend on how they are trying to accomplish this. If you have appeal avenues presented, take them.

Hard to give much more insight because of lack of details. But I am glad to hear that you found a doctor capable enough to see what you are going through. Good luck!
 
Jason said:
Keep up your spirits! Sounds like you are getting a really raw deal, but it is hard to tell you much without knowing specifics. Are you being demoted administratively or via Article 15? It sounds like you have a good basis to fight the administrative action either way. Of course, you should be getting advice from your ADC. The LOR is something you can rebut and possibly challenge in other venues. Admin reduction would depend on how they are trying to accomplish this. If you have appeal avenues presented, take them.

Hard to give much more insight because of lack of details. But I am glad to hear that you found a doctor capable enough to see what you are going through. Good luck!
Click to expand...

The rank reduction is administrativly, the LOR is nothing - I've rebutted both and consulted with ADC. The administrative action is for my 4th PT failure, and it was while on profile for the back issues. Commander has already notified after reading my lenghty rebuttile, that he is pressing forward with the process. ADC says i have about 2 months before I'll hear anything. ADC has said that there is unfortunately nothing can be done about the administrative action. I dont think so.
 
You need to fire your ADC and ask for another from another Base or a regional. Do not accept the Article 15. Ask for Court Martial. If everything you say is true, you are getting railroaded. Fight til the bitter end and I do mean bitter end.
 
My diagnoses was a ruptured disc at L5/S1 May of 2010. Attempted disc replacement June of 2010 was unsuccessful and July 2010 I had that disc fused. I was exempted from all events until Feb of 2011, because they had performed an abdominal surgery. Now almost a year post-op, I am facing an administrative reduction (I am an E7 in the Air Force) as soon as they measure my waist next week. Some of you sound very knowledgeable on how to fight this process, I need all the advice/guidance I can get. My fusion is still healing but, "at a slower than expected rate". So my civilian doc says I can't do anything and my military docs will not exempt me from the waist measurement. Everyone says they can not do anything for me, I find this offensive that no one has what it takes to say "Yes he should be and will be exempted". Everyone agrees that my situation sucks, but they can not/will not help me. Will you? Gratefully Scott
 
“Do you have a 469 DLC? Have you gone to the HAWC with that? Have you been referred to an MEB? Need some more details, but at a minimum, ensure you disagree with the demotion and appeal, if necessary. “ Author Jason


I have a 469, I will bring a copy home tomorrow. It basically limits me to walking to tolerance and exempts me from push-ups, sit-ups and aerobic events of the AF fitness assessment. So I am waist measurement only. The medical community, the HAWC and my command all refuse to further exempt me from the waist measurement. The only reason I was originally exempted was because I had disc replacement surgery which goes in through your abdomen (this surgery was June 28, 2010). This surgery was unsuccessful because the bifurcation of my femoral arteries is blocking the disc space. After four weeks of conv. leave I had a minimally invasive spinal fusion at L5/S1 (this surgery was July 26, 2010). My back is healing slower than normal but, I just had a sleep study done and was prescribed a CPAP machine. My sleep doctor said I should see marked improvement in the bone growth in my back in the next 90 days. My back surgeon (May 2011) has told me that I have at least 6 more months before my back will be healed.
I have just finished, 14 June, 2011, the VA appointments required for the MEB/IDES process. The fact that I cannot retire or re-enlist is bad enough but, while I can do nothing, they can do administrative actions? This thought is offensive. I am disabled, the question is will it be temporary or permanent? We won’t know the answer until my back is done healing. But the AF is not willing to wait.
My unit has made it clear that they and the wing command will more than likely try to administratively demote me after my third failure. I am currently scheduled for a “fitness assessment” on 27 June, 2011. (next Monday). I was only able to talk briefly with the legal aide at the ADC but, I was told to basically wait and see then fight. We are also in the middle of a change of ADCs, my old ADC was angered after my command gave me an LOR for my last failure. Logic/common sense would tell you “fit to fight” and I am not deployable leave me alone until I can start physical therapy.
I was very moved after reading a section of the forums that summarized a good point, how and why are disabled service members getting demoted for not being able to do a fitness test. I do my job every day on vicodin and sometimes valium, because after putting on my socks and boots I have to take pain medication.
I do plan to buck/kick/fight every step of any administrative action that may come my way.
I have read the AFI and expect my command to use the paragraph pertaining to failure to stay fit.
I look forward to any and all assistance you can possibly provide me.
 
Found out today I am probably getting an LOR for failing to diet enough to make my waist measurement. This will probably come with a UIF as this is my third failure. I will know more on Friday afternoon/evening for most of you.
Did you know that if you do not fit into the standard size 50 service dress coat it takes 6 weeks to 6 months to get a new one. First time I have had to special order, my 50 does not quite fit right anymore.
Good news, the pain in my back has taken a break for the last 3 or 4 days. We will see how long this lasts...maybe my back is finally healing. It looks like vitamins and a CPAP do more for you recovery in 90 days than 9 months without either.

So now I am being advised by some other SNCOs that I should not write my Congressman about what is going on with my career, any suggestions or advice either way is welcome.
Thanks
Scott
 
AND THE HITS Just keep on a rolling - This is going to definitely identify me if anyone is paying attention on here through my leadership but I do not have any recourse at this point. PS Sorry for the rambling sentences...very angry at this situation...

No I am not currently in a MEB process. Today was extraordinarly ****eddd. So I get to sleep around 445-5am and apparently woke up to my 530 alarm and shut it off. Hence I overslept, and woke up when "Someone" called me at 0945. I immediately get up - get out the recall roster and at 0950 and 0952 respectively call my boss and a LT thats in charge this week. Let them both know on voicemail since they didn't answer that I had overslept and was going to get in as soon as possible had to take a shower and what not. Use the bathroom and take my dog outside, in my boxers and a tshirt no shoes. So i stay on my driveway while she does her deed. One thing i've always had her trained to do is when a car comes by i tell her to sit. So she goes i put her in her kennel and go to taking a shower, get ready and stop by grab lunch on base on my way in. Get to work eat, no one's there, finally the LT comes in and I go right to his office to offer my apology, and he dismissed it as no big deal, " I know you've got a lot of medical things going on..." Changes subject to something else work related, and mean time an NCO buddy comes up to me tells me a couple of gentlemen are looking for me outside, but that they requested an NCO to come with me.... So being that I always have people looking for me to get access to my building I think no big deal. Get out side and they identify themselves as SF and that I'm under arrest for "Failure to Report for Duty" AT WORK.... The SMSgt boss of mine had apparently called them. So I go down to the station, get piss tested, refuse questioning without ADC present. Since they have nothing they can do at that point I'm returned to my leaderships custody, the same SMSgt. And have a very long bitch session with him. As he tells me his compassion for my problem but it's my fault the whole nine yards about how at 1000 hrs he drove by my house and "I looked perfectly healthy to him" I erupted, i told him flat out he's lying or if he did come by my house it was because he stopped at the end of my block at a dirt road due to the way GPS works in my area i know it takes you that direction. He did NOT drive by, upon what he meant by perfectly healthy as his choice of words, he just kept repeating it...and that i was in my yard when he drove by.. So by healthy you mean exactly what I was doing jumping jacks, playing hopskotch, pushups or sit ups..what.....So at this point I'm pissed I said to him. So what was I doing then? And why would you not stop and ask me if you were so Concerned for my health what was going on? He's like that's my job...TOTAL **** JOB this guy is... so I continue to press him and ask him to describe what i was doing then in my yard? He's like I dont know but you looked fine to me...So you DIDN't see my dog? Nope I wasn't looking for your dog I was just looking for you...Again then if i was out there when you "Drove" By my dog would have been told to sit which i didn't do since no one drove by....OMG i'm getting so pissed at this moment now...Then I asked him to describe what i was wearing, he couldnt not... and i then told him from your vantage point it would have appeared i was in my yard if you used your GPS to come here cause it would stop you in the dead end dirt road, he's no I drove by. Totally a ****ed individual... I asked what we are doing to resolve this then and the resolution was he'd either stop by my house or call me at 0530 to wake me up every day from now on. I called my shirt tonight on my way home from work and told him we need to have a meeting. Tomorrow I plan to inform him that I need removed from this situation, and that I intend to go to file an IG complaint tomorow on the SMSgt's actions. Even now I'm just completely furious thinking of this. There was a lot more in the conversation with him and I mostly me pretty much getting mad and calling him out on every missed opportunity hes had with resolving this situation in any manner that benefits me. Bringing up the point that you wrote me up for dereliction of duty for the exact day i was having an EPIDURAL of all things, you've proved more than once you have no care in the world for what's going on with me.
 
If you were getting an Epidural that day, you should have been on quarters anyway and not driving...
 
I was on quarters, atleast the way I had been doing the process of returning the form upon return to work. No one had told me any differently as to the actual procedures up to that point. And was not driving.
 
klamsnacks,

I should be shocked by the lousy leadership/command climate, but I am not. You deserve better. Not much to say substantively, but I hope things work out well.
 
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