Chapter 18 vs MEB/PEB

gimartin

PEB Forum Veteran
Registered Member
#1
OK, I know there is a lot of information on here about both of these topics, but I am curious about attacking this from a slightly different angle.

Situation: A service member is flagged for being overweight yet is thinking about pushing for a MEB.
It is not sure if they would be granted a medical separation/retirement/etc.

In regards to separation pay and the the disability pay that they would possibly receive, which would you choose.

Something I am not sure of: If this member (w/ 6+ years TIS) is chaptered, will they have the opportunity to undergo VA/Service medical screening that would determine a disability rating at all?

In my mind, if the service member gets a Chapter 18 and goes through the VA just to receive a rather high disability rating, then it would be worth it, right.

By the way, this is not my situation. Just curious.

Thanks!
 

johndelta

PEB Forum Veteran
Registered Member
#2
No matter what you have to meet ht and wt.
Somewhere I have read to enter the MEB a soldier
has to meet the standards. As for the MEB, once your in
The IDES process no other action can happen unless you
really drop the ball. Fail a UA for an controlled substance or
such things. If the SM has a profile for PT or HT,WT. Then they
should be ok. Just remember the MEB process is not the Big Joker.
There are five possible outcomes. Read DOD instruction 1332-38.
 

Jeep Freak

PEB Forum Veteran
#3
The MEB process needs to be started by your PCM. I would think if you confront him/her with your concerns he/she would do the right thing, I hope. If you are simply overweight and looking for a way out, the MEB is not for you.
 

Jerre

Registered Member
#4
One thought on this, even if you are going through the MEB process you are still required to meet height weight standards unless it is because of the medical condition you would have, correct? I know that the MEB process can be stopped if there is a violation of the UCMJ. So I would not think that seeking a MEB would be a way out of failing to meet the current height/weight requirements. Although if you get sep. for failing to meet requirements cant you still file a disability claim through the va?
 

gimartin

PEB Forum Veteran
Registered Member
#5
That is my question: I would think that you can still file a claim through the VA, right?

Also, it seems counterintuitive to me that you have to meet height/weight standards in order to go though a MEB. I am not sure but that does not seem right and no reference is given by Johndelta in the first reply to this message.

One reason I posted this is because we have an AITer (a Soldier in AIT/DLI) here that is going through a MEB and is on the weight control program as well. I am sure that he had his MEB started after his enrollment into the weight control program. Actually, our First Sergeant got angry at him due to the fact that the doctor gave him another profile while going through the MEB that disallowed him to conduct any physical training because she wanted him to continue on special populations PT. The friggin' guy is about 24 years old and walks with a cane and will for the rest of his life!

I am not as bad as him but I am more than likely about to start the MEB. I am worried about our company leadership here and am prepared for a battle.
 

johndelta

PEB Forum Veteran
Registered Member
#6
Yes you should always file with the Va no matter what.
Their are two different departments under one government.
Remember honorable, Gen. other than honorable, you can still
get some type of benifits from the VA.
 

ranger2992

PEB Forum Veteran
#7
AR 635-40

4–3. Enlisted Soldiers subject to administrative separation
a. Except as provided below, an enlisted Soldier may not be referred for, or continue, physical disability processing
when action has been started under any regulatory provision which authorizes a characterization of service of under
other than honorable conditions.
b. If the case comes within the limitations above, the commander exercising general court-martial jurisdiction over
the Soldier may abate the administrative separation. This authority may not be delegated. A copy of the decision,
signed by the General Court Martial Convening Authority (GCMCA), must be forwarded with the disability case file to
the PEB. A case file may be referred in this way if the GCMCA finds the following:
(1) The disability is the cause, or a substantial contributing cause, of the misconduct that might result in a discharge
under other than honorable conditions.
(2) Other circumstances warrant disability processing instead of alternate administrative separation.
c. A Soldier being considered for separation because of unsatisfactory performance (AR 635–200, chap 13), must be
referred for disability processing upon approved recommendation of a MEB (AR 635–200, para 1–35a).

According to the above, you would be ok and can be referred. I am not a lawyer, so it would be best for you to go to JAG and ask the specific question. If you are going to pursue MEB, it is best to talk to your doctor now, rather than later.

You can file your VA claim, but won't be able to do that until after you get out, or within 6 months of your ETS date. If they chapter you, it is going to be after you are out. The rating has nothing to do with getting out on chapter 18. All the VA compensation ratings are based on the VASRD.

As JohnDelta said, you still have to meet height weight standards no matter what. It is up to the unit as to whether to enforce the reg. Even if you are in MEB, you are still required to do some kind of adaptive PT. The problem is, most line units are not equipped, or educated to come up with a plan.
 

SPC Leggett

Registered Member
#8
Yes you still have too meet height weight but you can't be discharged because of it while in the MEB

Yes you are required to do atleast 4 days of adaptive PT, even if you have a perm profile your PCM is suppose to provide you with a positive profile explaining any adaptive pt you can do within the limits of your injuries

Also if your in Physical therapy for your injury that is considered Adaptive PT
 

gimartin

PEB Forum Veteran
Registered Member
#9
Thanks a lot gentlemen. I am going to talk to this guy a little more to stay informed as to the MRB process he is going through. I became curious about this particular subject upon talking to this Soldier while on CQ ... poor guy.
 

Jeep Freak

PEB Forum Veteran
#10
If he has a issue that prevents him passing his PT test, have him talk to his PCM right away. My PCM was the only person on my side during my MEB so I may be a little bias as how understanding they will be. While I was going through the MEB, I watched 2 of my Amn booted out the door for PT failure with almost no notice. They had all the failures and were written up. They would go to see the Commander and come back telling me they were out in something like 3 days, I was shocked.
 

mrggsf101

Registered Member
#11
I was flagged for the first time in 11 years for failing HT/WT. After about 4 months of being flagged my PCM refferred me too a MEB for numerous conditions that have not improved and she felt because of those conditions that is why I gained 50lbs in a year and went from a 280 apft to failing. You really have to speak with your PCM about how you feel.
 

gimartin

PEB Forum Veteran
Registered Member
#12
Jeep Freak: It must be nice to have someone on your side. I am finding out the hard way that that is rather unfortunately not the norm these days. I am not just mainly struggling with getting through day-to-day and trying to get proper treatment to mitigate pain so that I can function. Even that is hard at this point. Hopefully this new doc that I am supposed to see tomorrow will be of some help. We'll see!

See, I knew it was possible. I will let that guy know and continue to read up on the subject. Thanks for the great insight.
 

Ocean

PEB Forum Veteran
Registered Member
#13
Hey gimartin, i am sorry to hear about the difficulties...if u r Army please read army consolidated it will provide some insight on the rights of injured soldiers....it also discusses going from being an injured soldier through IDES. Soldiers at a WTB & going through IDES are expected to complete 150 min PT a wk...that would include physical therapy ..Other soldiers can be removed from required PT altogether ( depends on the injury). Non medical personnel in leadership roles have no authority harassing, belittling wounded, ill or injured soldiers...This was just investigated through NBC Dallas April 2015 ( Google it). The investigation demonstrated injured soldiers were harassed and abused across this nation...with Congress sleeping on the job ( sorry just pisses me off)! You have options, reach out the patient advocate at the hospital ( soldiers have patient rights) , seek out an ombudsman to discuss your options, keep IG in your back pocket. The soldier family hotline..is another source as is the nurse case manager. The 24 yo soldier in the MEB should have a nurse case manager advocating for them....nothing like being ill and having a poorly informed Senior NCO and others in leadership roles kicking this poor kid down some more....
 

Ocean

PEB Forum Veteran
Registered Member
#15
Sorry that was the wrong post....google the Dallas investigations.....these issues are not isolated cases....the same was occurring at FT Lewis 2010-11 Senator Wyden & Congressman Schrader led the investigation !
 

Ocean

PEB Forum Veteran
Registered Member
#17
Hi Fowler....whoops....not sure why I did that, but I was tired...thanks for pointing that out...I guess I better go look through others I responded tooooo
 
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