Greetings, all.
I'm posting here to actually establish a separate thread regarding my situation, discussed in detail on this thread that I seem to have hijacked: http://www.pebforum.com/site/threads/rate-conversion-disapproved-separate-no-med-board.7065/
Disqualification and Separation
Long story short, I am an ETC(SS) (nuclear) who was disqualified from nuclear field duty following a diagnosis of and treatment for depression. After a year and a half of being LIMDU, being assignment limited and then worldwide deployable, and having finally been found fit for full duty, I was denied forced conversion and involuntarily separated under MILPERSMAN 1910-120 (COG Other Physical/Mental Condition). The medical officer would not recommend an MEB (and therefore a PEB) because I had been found fit for full duty. There were some issues surrounding the circumstances of my separation and the manner in which I was treated by NAVPERS during my LIMDU period and the subsequent disqualification/forced conversion process, but the IG complaint I filed proved ultimately fruitless.
Indebtedness and Loss of Separation Pay
As a result of my nuc disqual, I was directed to begin repayment of unearned portions of my last SRB totaling in excess of $55K. Under advice of my local PSD, I filed a request for waiver of indebtedness, a process that requires an extensive waiver package be routed through my local command, PSD, PERS-82, and ultimately to the SECNAV's office. When I brought up the fact that the DODFMR and my separation orders said that the debt should not be recouped, I was instructed to just let the waiver take its course. Because I was indebted at the time of separation, my involuntary separation pay, as well as all unpaid leave, pay, and allowances, were used to "pay down" my debt, denying me over $18K in payment (after taxes) that I should have received to ease the transition to civilian life.
Post-Separation Debt Payment and Waiver
While the waiver was in routing, I was required to continue paying on the debt. I was able to negotiate with DFAS a $300/mo payment, down from the $1,200/mo they initially billed me for post-separation. Unbeknownst to me, my waiver had stalled at the very first person at PERS-82 who received it, sitting in her email inbox for 8 months. I could not get her to respond to my emails or phone calls. When my US Representative's office contacted her, she finally contacted me claiming that she had never received it and asking me to send it again. My PSD contacted her, whereupon she realized that she did in fact have it and finally routed it up. A year and three months from when I originally routed it, I finally received a response saying that the unpaid portion of the debt (by this time around $33K) had been waived. While I was relieved to have the debt gone, I was still left without the $18K in pay and allowances to which I was entitled, as well as $4000 paid out of pocket ($2400 of which was paid while my waiver stagnated at PERS-82).
VA Disability Compensation
I am also waiting for my VA disability compensation request to be reviewed. I initially filed it in May 2012, with an estimated completion date of Nov. 2012 to Apr. 2013. It has remained stuck in the "Under Review" phase up to now, and was recently updated last week for a new estimated completion date of Sep. 2013 to Feb. 2014.
The Road Ahead
I have chosen to appeal to the Deputy Assistant Secretary of the Navy for Military Manpower and Personnel, who had previously waived the unpaid portion of the SRB recoupment debt wrongly assessed against me. Chief among my arguments is the fact that the DODFMR Vol. 7A Chapter 2 Table 2-1 Rule 3 (available here: http://comptroller.defense.gov/fmr/current/07a/07a_02.pdf) specifically states that members who are separated for non-disability medical reasons that disqualified them from the duty for which they re-enlisted should not have recoupment sought. Additionally, my involuntary separation orders specifically directed a stop payment (without recoup) of any remaining entitlements due to the no-fault nature of the disqualification. I will post back here if/when I hear back from him.
I am working with my US Senator's office to try to expedite the full remission of my debt. For any of you who may be in a similar situation to mine, I wholeheartedly suggest getting your Senators and Representatives on board. They can be very helpful when dealing with entities like DON and DFAS, often finding information that you yourself may have a hard time obtaining.
Though it has been a long and exhausting fight, I remain hopeful. I will keep you all up to date.
Carl
I'm posting here to actually establish a separate thread regarding my situation, discussed in detail on this thread that I seem to have hijacked: http://www.pebforum.com/site/threads/rate-conversion-disapproved-separate-no-med-board.7065/
Disqualification and Separation
Long story short, I am an ETC(SS) (nuclear) who was disqualified from nuclear field duty following a diagnosis of and treatment for depression. After a year and a half of being LIMDU, being assignment limited and then worldwide deployable, and having finally been found fit for full duty, I was denied forced conversion and involuntarily separated under MILPERSMAN 1910-120 (COG Other Physical/Mental Condition). The medical officer would not recommend an MEB (and therefore a PEB) because I had been found fit for full duty. There were some issues surrounding the circumstances of my separation and the manner in which I was treated by NAVPERS during my LIMDU period and the subsequent disqualification/forced conversion process, but the IG complaint I filed proved ultimately fruitless.
Indebtedness and Loss of Separation Pay
As a result of my nuc disqual, I was directed to begin repayment of unearned portions of my last SRB totaling in excess of $55K. Under advice of my local PSD, I filed a request for waiver of indebtedness, a process that requires an extensive waiver package be routed through my local command, PSD, PERS-82, and ultimately to the SECNAV's office. When I brought up the fact that the DODFMR and my separation orders said that the debt should not be recouped, I was instructed to just let the waiver take its course. Because I was indebted at the time of separation, my involuntary separation pay, as well as all unpaid leave, pay, and allowances, were used to "pay down" my debt, denying me over $18K in payment (after taxes) that I should have received to ease the transition to civilian life.
Post-Separation Debt Payment and Waiver
While the waiver was in routing, I was required to continue paying on the debt. I was able to negotiate with DFAS a $300/mo payment, down from the $1,200/mo they initially billed me for post-separation. Unbeknownst to me, my waiver had stalled at the very first person at PERS-82 who received it, sitting in her email inbox for 8 months. I could not get her to respond to my emails or phone calls. When my US Representative's office contacted her, she finally contacted me claiming that she had never received it and asking me to send it again. My PSD contacted her, whereupon she realized that she did in fact have it and finally routed it up. A year and three months from when I originally routed it, I finally received a response saying that the unpaid portion of the debt (by this time around $33K) had been waived. While I was relieved to have the debt gone, I was still left without the $18K in pay and allowances to which I was entitled, as well as $4000 paid out of pocket ($2400 of which was paid while my waiver stagnated at PERS-82).
VA Disability Compensation
I am also waiting for my VA disability compensation request to be reviewed. I initially filed it in May 2012, with an estimated completion date of Nov. 2012 to Apr. 2013. It has remained stuck in the "Under Review" phase up to now, and was recently updated last week for a new estimated completion date of Sep. 2013 to Feb. 2014.
The Road Ahead
I have chosen to appeal to the Deputy Assistant Secretary of the Navy for Military Manpower and Personnel, who had previously waived the unpaid portion of the SRB recoupment debt wrongly assessed against me. Chief among my arguments is the fact that the DODFMR Vol. 7A Chapter 2 Table 2-1 Rule 3 (available here: http://comptroller.defense.gov/fmr/current/07a/07a_02.pdf) specifically states that members who are separated for non-disability medical reasons that disqualified them from the duty for which they re-enlisted should not have recoupment sought. Additionally, my involuntary separation orders specifically directed a stop payment (without recoup) of any remaining entitlements due to the no-fault nature of the disqualification. I will post back here if/when I hear back from him.
I am working with my US Senator's office to try to expedite the full remission of my debt. For any of you who may be in a similar situation to mine, I wholeheartedly suggest getting your Senators and Representatives on board. They can be very helpful when dealing with entities like DON and DFAS, often finding information that you yourself may have a hard time obtaining.
Though it has been a long and exhausting fight, I remain hopeful. I will keep you all up to date.
Carl