BCNR timeline after docket number received

sehj1992

Registered Member
#61
I got out of the Marine Corps in the summer of 2015 after leg surgery almost right at my 4 year mark. It was processed as an administrative separation: condition not a disability on the surgeons reccomendation. Basically I was told that since the issue I was having was still causing pain 6 months post surgery it would be chronic so he recommended separation to my command. I am thinking of applying to the BCNR since I am no longer having pain and would like to get my re-enlistment code changed to go back on active duty. Based off of what I have been reading in this thread I am starting to wonder if it is even really worth doing, since while I do have documentation and could probably get a doctor to sign off on my legs saying I'm gtg. What are everyone's thoughts on this?
 

Ocean

PEB Forum Veteran
Registered Member
#62
Hello sehj1992,
To get started: I would like to ask you a series of questions that may help me help you and hoping others jump in as well.
Are you or were you active duty, Reserve or National Guard ?
If National Guard or Reserve we’re you mobilized greater then 30 days?
If you are National Guard or Reserve was a line of duty form completed on your line of duty injuries.
After you left the service were you rated by the VA for your injuries within the first 12 months of leaving service?
It is my understanding that if you were released from active duty with unresolved line of duty injuries after 2010 you can appeal through the ABCMR....(but I may be wrong)
You can also contact the NVSLP, their organization provides legal assistance to vets/soldiers for free...the organization has has helped many soldiers wrongly removed from service without a MEB ....
You have 3 years from your discharge date to apply through the BCMR and six years through the federal courts...others on this site please correct me if I am wrong on this...thanks
 

FISTorDIE

Registered Member
#63
I’m at the two-year mark, more than 700 days, and there is no end in sight.

The ABCMR gave me this answer today:

I apologize for the length of time your case has taken to process. Your case is pending consideration by the Board. Once the Board renders the decision in your case, you will be notified.

Thank you for your patience in this very lengthy process.

v/r


Customer Service Representative

I’m betting a government shut down won’t speed things up.
Your application is still being processed for consideration by the Board. We are aware that this case has taken a long time to complete. Recent changes in the processing requirements for discharge cases involving PTSD and the influx of new cases has resulted in a delay in the processing of ALL cases. We appreciate your patience and understand your frustration during this lengthy process. Rest assured the case is being thoroughly reviewed and will be completed as soon as possible. You will be notified directly by the Board upon completion.


V/r

That was my response given within 2 hours at the 18 month mark.
 

Ocean

PEB Forum Veteran
Registered Member
#64
Hey....so my case..... awaiting 2 years and 3 months. Last I heard, my case was in legal for review....not sure what that step is, or what it means , but it is really hard to understand the process. Not sure why some map/schematic has not been developed so we can better understand the steps....or maybe one does exist and I unaware of it.
 

FISTorDIE

Registered Member
#65
I'm sure there is. I saw something like that on a DoD report once, showing how the handoff goes for a BCMR packet. I'll try to dig around and try to source it. Was this legal review something that they told you? I didn't even mention PTSD in my email (even thought thats one of my contentions) so makes me wonder if since the new memo released that they have different channels to put cases through.
 

Ocean

PEB Forum Veteran
Registered Member
#66
I received the same response you noted about a year ago..it seems to be a form letter. I have since been advised so many different things such as, ....six months ago I was advised my case was decided....then 3 months later, with the DASA for signature. A month later I receive response like yours “again” but with an “added sentence” indicating my case has been considered...and as of Jan. 2018 it has been with legal for review....not sure what this all means I guess plan for the worse and hope for the best✌️
 

Ocean

PEB Forum Veteran
Registered Member
#67
Looking through the threads back to 2012, I found the following statement : So you have to logically and chronologically demonstrate that an error in law did occur which would warrant favorable consideration of the request. That should prompt a legal review.......
 

FISTorDIE

Registered Member
#68
From reading the case files that are actually submitted and posted on the BCMR website, I believe statistically speaking that most cases are denied almost immediately or within 10 months or so. So a case that goes at your stage might be a positive outcome. . Have you not gotten a advisory opinion or anything? From reading some of the positive outcomes they tend to have had a chance to respond to an advisory opinion.
 

aamonroe

PEB Forum Veteran
Registered Member
#69
Ha! We called in January (one month before their supposed “deadline,” and more than 3 years after submitting the initial application. “Oh, we sent that to you in October.” That’s funny, this document we’ve been anticipating for years just didn’t arrive in our mailbox, as if it were stolen like winning lottery ticket. Then, last week they sent an official copy by snail mail.

Denied. But, they didn’t address our rebuttal. Like, at all. This system is pretty diabolical. I’m not saying cases can’t be denied, but this is how it works in my experience:

Applicant: argument a,b, c
Air Force: Argument a is compelling and well argued. Argument b we’re going to not address and instead call you a liar about something else, we’ll call it “d” for the sake of this letter analogy.
Argument c: we’ll throw in a random Statistic that turns out to be untrue but makes us look thorough. And then we’ll top it off with a “we can do anything we want because we’re the AF.”

Applicant: rebuttal, new arguments e, f, g

Air Force: we lost arguments e,f, g in our inbox, and forgot to send them out to the OPRs for further review. So, you lose!

“But please, appeal again to this shit show, so you can be doubly frustrated!”
 

Ocean

PEB Forum Veteran
Registered Member
#70
Read your note aamonroe and FISTorDIE, thank you for updates...I was really sorry to hear about you outcome aamonroe, will you appeal through the Federal Court System?...That will be my next step if I am denied....will be heartbreaking if I have to but... again, I have prepared for it. FisttoDie, my advisory opinions came in and were sent back timely June 2017. I responded to both. One was more or less a denial without substance (it did not) address the issues. The second advisory was partial approval. But again, we could show full approval was warranted, Regs/policies were not adhered to, two IG investigation ruled in my favor...so not sure why the delay....
 

FISTorDIE

Registered Member
#71
Did you get the advisory opinions before 18 months? Im at 19 months now without any advisory opinion or nothing. Just get the processing emails. I just don't get how if we don't file within the time lines we as claimants can get denied but the BCMR can break their time lines and have no recourse for us.
 

Ocean

PEB Forum Veteran
Registered Member
#72
Did you get the advisory opinions before 18 months? Im at 19 months now without any advisory opinion or nothing. Just get the processing emails. I just don't get how if we don't file within the time lines we as claimants can get denied but the BCMR can break their time lines and have no recourse for us.
 

Ocean

PEB Forum Veteran
Registered Member
#73
Hey FitorDie, I received first advisory at 17 months and second at 18 months...I believe I read somewhere ( but), Jason or someone with more experience can jump in here ....if no advisory is sent out, a case is usually approved....but I do not want to provide misinformation....I will keep you posted...on outcomes...waiting is so stressful
 

FISTorDIE

Registered Member
#74
Im searching and cant find any info on anyone who has surpassed 18 months for initial case without any responses or advisory opinions. Kind of frustating
 

Ocean

PEB Forum Veteran
Registered Member
#75
Hey FISTorDIE,
I found some ABCMR processes/ information I will try & attach tomorrow. I think you can request through the BCMR web site or your Congressman/Senator for updates, and at the same time the whereabouts on any advisories. I went through my Congressman for updates but it was a joke. I hear going through your Senator for updates can be better....seems as if the BCMR is overwhelmed...and telling us whatever sounds good . If you are getting close to your 6 yr deadline filing in FC you can file while waiting on the BCMR...the financial costs in going forward has been hard on me and my family so overwhelming so it is really hard...however I am not going away !
 
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