Formal Physical Evaluation Board Fighting For Return to Duty (RTD)

MSgt Martin

PEB Forum Veteran
Registered Member
#21
I've attached the latest document that is used by Congress to respond to AF congressional inquiries from their constituents.

This is a good read as it will provide you a guide of the pertinent information to gather so that you have it ready for the inquiry official that is appointed to your case.
 

Attachments

denmom117

PEB Forum Veteran
Registered Member
#22
I am just keeping this post fresh on everyone's mind who may be reading it. I am moving forward with a congressional inquiry in conjunction with my appeal to SAFPC.


The bottom line is that the FPEB is flawed. The reason I state this is that the AF 356 cannot be corrected once written. The AF Form 356 is the summary that the FPEB comes to when documenting your fit or unfit status. I asked my lawyer how we can correct factual errors on the form. My lawyer stated there is no mechanism in place to rebut factual errors once the FPEB has written their response on the Form 356.


Read that carefully... even a Letter of Reprimand or Letter of Counseling allows you 3 duty days to offer a rebuttal for small administrative actions that can impact your career. However, the Form 356, one of the most important documents in your military career, does not offer you an avenue to rebut factual errors? Why can you not offer new supporting evidence to aid in their fact finding mission? How is this even legal to not allow it? If an official form is being used to determine whether you stay in the military has erroneous information on it, there absolutely must be a way for it to be corrected to be fact. How can the FPEB allow factual errors to occur and not offer military an avenue to rebut these errors?


The response that I will more than likely be told is that I should just fight it first at SAFPC and then at the Board for Corrections of Military Records. We know that SAFPC takes 3-6 months before they even look at your case. I also know that they will be looking at the Form 356 which is the very form containing factual errors. This form will influence their decision to return to me to duty. I was told by my lawyer that Board for Corrections of Military Records can change an outcome of erroneous facts. However, this means I could very well be discharged from the military as a result of errors in facts on the Form 356. Dare I say alternative facts?


I will fight to pave the way to give future Soldiers, Sailors, Marines, Coast Guard and Airmen the avenue to rebut factual errors on the Form 356 PRIOR to it being routed to SAFPC. I can honestly say we are all the 1% of the total U.S. population that chose to serve our country. We do not deserve to be tossed aside after we have worn our bodies down fighting for this great nation. I will personally ensure that we are not forgotten with the help of our congress and leaders in the Air Force that realize there is a serious flaw in the FPEB process.

When I put my SAFPC appeal together I made sure to annotate any issues I had with the AF 356 and backed up my issues with documentation. This is a matter of semantics but going to SAFPC is a form of rebuttal to the results of the FPEB.

I understand this is frustrating to say the least but it seems you have the will and drive to fight this issue. I wish you the best of luck.
 

MSgt Martin

PEB Forum Veteran
Registered Member
#23
When I put my SAFPC appeal together I made sure to annotate any issues I had with the AF 356 and backed up my issues with documentation. This is a matter of semantics but going to SAFPC is a form of rebuttal to the results of the FPEB.

I understand this is frustrating to say the least but it seems you have the will and drive to fight this issue. I wish you the best of luck.
When I put my SAFPC appeal together I made sure to annotate any issues I had with the AF 356 and backed up my issues with documentation. This is a matter of semantics but going to SAFPC is a form of rebuttal to the results of the FPEB.

I understand this is frustrating to say the least but it seems you have the will and drive to fight this issue. I wish you the best of luck.
Was your outcome what you asked for? Thanks for the response.
 

MSgt Martin

PEB Forum Veteran
Registered Member
#24
By the way, I've attached my package that I put together to support my case to be RTD in a file on this post. Perhaps it can help someone put together character references in the future as they fight to stay on active duty.

The FPEB stated I had strong command support, however they used the fact that I took a full PT test against me running counter to my profile. I countered that I asked for my profile restriction to be removed and would talk to patient advocate when I returned to my base. The female Lt Col doctor on the FPEB stated that my PCM will not change my profile restrictions because I am undergoing an MEB so I shouldn't go to patient advocate. Well, I am going to be at Patient Advocate at my medical clinic in 2 days to prove her statement wrong. I will get my leadership involved and go up to the MDG Colonel to ensure my profile reflects my current physical health. I am not going to be "locked" into a profile so that it can be used against me (again) to discharge me from the Air Force. Remember, I asked to be have all profile restrictions removed and was told that it would be done 3 weeks ago!

Interesting note...Ultracet is NOT a narcotic. It is a narcotic-like medication that became a controlled substance. Even more interesting, the female doctor asked my lawyer what the dosage was for Ultracet prior to the FPEB hearing. Ultracet only comes in one dose which is 37.5 mg of tramadol and 350 mg of acetaminophen (Tylenol) mixed together. It makes me wonder if she had ever prescribed this medication as she apparently didn't even know the dosage of Ultracet. What type of doctor is she? This is especially important considering that she rolled her eyes when she asked my CC what he considered a low dosage of narcotic should be? This statement is false since it isn't even a narcotic!

The board states that I only recently came off the Ultracet medication being taken 4X daily. Is 3 months ago recent!? I began tapering myself down 3 months ago as my physical fitness regime and health improved. Also very interesting to note that they distinctly leave this date off the form just as they leave the full component PT score off and only remark that a did a full PT test that ran counter to my profile restriction...all while insinuating that I lied because there was a "note" in some system saying I asked for a push-up exemption. False statement!

I've once again attached the Form 356 and the email traffic about me asking to be lifted off of all restrictions as a result of a conversation I had with my PEBLO a week prior. Remember, I PT tested April 24th and I was assured by the medical community at Dyess that 9 days was adequate time to get these restrictions lifted.

More to follow, Monday is going to be a busy day as I go around the base getting answers and holding people accountable for lying about my profile as it was one of the determining factors used against me to not RTD. The second determining factor which is the medication will be handled because I have stopped taking it and meet with my off-base pain management doctor on Wednesday. Furthermore, Monday I sign a privacy disclosure form so that the congressman that I've contacted can look into my medical records on my behalf.

I'll keep you all posted.
 

Attachments

Fran0609

PEB Forum Veteran
Registered Member
#25
By the way, I've attached my package that I put together to support my case to be RTD in a file on this post. Perhaps it can help someone put together character references in the future as they fight to stay on active duty.

The FPEB stated I had strong command support, however they used the fact that I took a full PT test against me running counter to my profile. I countered that I asked for my profile restriction to be removed and would talk to patient advocate when I returned to my base. The female Lt Col doctor on the FPEB stated that my PCM will not change my profile restrictions because I am undergoing an MEB so I shouldn't go to patient advocate. Well, I am going to be at Patient Advocate at my medical clinic in 2 days to prove her statement wrong. I will get my leadership involved and go up to the MDG Colonel to ensure my profile reflects my current physical health. I am not going to be "locked" into a profile so that it can be used against me (again) to discharge me from the Air Force. Remember, I asked to be have all profile restrictions removed and was told that it would be done 3 weeks ago!

We have to keep in touch. I have a meeting with my Group CC as well on Monday. Next stop will be my Wing CC. I haven't gotten things started on the congressional, but I want to also take that route too. I looked through that guide you posted as well.

Interesting note...Ultracet is NOT a narcotic. It is a narcotic-like medication that became a controlled substance. Even more interesting, the female doctor asked my lawyer what the dosage was for Ultracet prior to the FPEB hearing. Ultracet only comes in one dose which is 37.5 mg of tramadol and 350 mg of acetaminophen (Tylenol) mixed together. It makes me wonder if she had ever prescribed this medication as she apparently didn't even know the dosage of Ultracet. What type of doctor is she? This is especially important considering that she rolled her eyes when she asked my CC what he considered a low dosage of narcotic should be? This statement is false since it isn't even a narcotic!

The board states that I only recently came off the Ultracet medication being taken 4X daily. Is 3 months ago recent!? I began tapering myself down 3 months ago as my physical fitness regime and health improved. Also very interesting to note that they distinctly leave this date off the form just as they leave the full component PT score off and only remark that a did a full PT test that ran counter to my profile restriction...all while insinuating that I lied because there was a "note" in some system saying I asked for a push-up exemption. False statement!

I've once again attached the Form 356 and the email traffic about me asking to be lifted off of all restrictions as a result of a conversation I had with my PEBLO a week prior. Remember, I PT tested April 24th and I was assured by the medical community at Dyess that 9 days was adequate time to get these restrictions lifted.

More to follow, Monday is going to be a busy day as I go around the base getting answers and holding people accountable for lying about my profile as it was one of the determining factors used against me to not RTD. The second determining factor which is the medication will be handled because I have stopped taking it and meet with my off-base pain management doctor on Wednesday. Furthermore, Monday I sign a privacy disclosure form so that the congressman that I've contacted can look into my medical records on my behalf.

I'll keep you all posted.
 

MSgt Martin

PEB Forum Veteran
Registered Member
#26
We will keep in touch as I am on the global. Hit me up anytime.

Good luck on your mission to be RTD. I will also help to walk you through the congressional as I am only at the very beginning stages. As I stated previously, I have to first sign a privact act form so they can do a FOIA request. This will allow them to have access to all the records that FPEB had when making their determination. The congressional guide that I posted will also ensure that I gather relevant information that the Congressman will require when looking into my case.
 

denmom117

PEB Forum Veteran
Registered Member
#27
Was your outcome what you asked for? Thanks for the response.
No but it took them 13 months to agree with the formal board. The good news for me was that the VARR did agree with my appeal to them which allowed me to get over the 20 year mark and be medically retired.
 

MSgt Martin

PEB Forum Veteran
Registered Member
#28
I met with my pain management doctor today. I have letter confirming that my last ESI was in January and that I am off of Ultracet. Now I have to add this letter to my package due to SAFPC in 7 days.

My CC recommended that I look into milltary precedence that has already been set in the past relating to wounded warriors staying on active duty after an injury. There are exceptions to everything and I am not comparing myself to warriors that have sacrificed more of their body than I have...I just want to look into the specific DoD guidance or approval authorities that determine you can stay on duty even with an injury.

I definitely do not want to muddy the waters with doing too many things at once. Any advice or perspective on moving forward are more than welcome. Even voicing your chances of me being RTD at SAFPC are welcome...especially now that I am off all medication other than over the counter Advil.

Thanks.
 

MSgt Martin

PEB Forum Veteran
Registered Member
#29
My SAF/PC appeal was submitted 18 May. The OAC is saying 2-3 months turnaround. I'll post results to close out the forum. With me being off all medicine and being on no profile restrictions...I'd be beyond bewildered if I wasn't RTD.
 

MSgt Martin

PEB Forum Veteran
Registered Member
#31
SAF/PC responded 2 months and 8 days after my package was sent up to them. Return To Duty! They overuled the IPEB and FPEB poor decision to continue deeming me unfit with a 10% rating and Discharge With Severance Pay at 18 years 2 months. The DDD in my lower back is NOT unfitting and does NOT stop me from deploying! Long fight, but well worth it to stay on active duty until I reach 20 years. Never stop fighting and remember that SAF/PC can change the outcome of any lower level decision (IPEB and FPEB) so do not give up when they attempt to force you out of the military after you've sacrificed your youth and body. SAF/PC followed the facts and therefore were able to make a legal, ethical and moral decision in regards to my case.

Thanks for reading and following my case all.
 

Mxbrown

Registered Member
#33
SAF/PC responded 2 months and 8 days after my package was sent up to them. Return To Duty! They overuled the IPEB and FPEB poor decision to continue deeming me unfit with a 10% rating and Discharge With Severance Pay at 18 years 2 months. The DDD in my lower back is NOT unfitting and does NOT stop me from deploying! Long fight, but well worth it to stay on active duty until I reach 20 years. Never stop fighting and remember that SAF/PC can change the outcome of any lower level decision (IPEB and FPEB) so do not give up when they attempt to force you out of the military after you've sacrificed your youth and body. SAF/PC followed the facts and therefore were able to make a legal, ethical and moral decision in regards to my case.

Thanks for reading and following my case all.
Congrats! I'm sweating for my FPEB Sep 6. AA was denied. I have letters from doctors requesting RTD and passing PT test was submitted as well, the board still wants to see me; Nonsense. I'm AFRC and have been back to full duty for over one year as a firefighter. What does the board want from me?
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#34
SAF/PC responded 2 months and 8 days after my package was sent up to them. Return To Duty! They overuled the IPEB and FPEB poor decision to continue deeming me unfit with a 10% rating and Discharge With Severance Pay at 18 years 2 months. The DDD in my lower back is NOT unfitting and does NOT stop me from deploying! Long fight, but well worth it to stay on active duty until I reach 20 years. Never stop fighting and remember that SAF/PC can change the outcome of any lower level decision (IPEB and FPEB) so do not give up when they attempt to force you out of the military after you've sacrificed your youth and body. SAF/PC followed the facts and therefore were able to make a legal, ethical and moral decision in regards to my case.

Thanks for reading and following my case all.
I am so glad to hear you (finally) got a favorable resolution with your case! Congratulations!

I did not offer any input as you seemed to have a clear understanding of the issues and you were represented by an attorney. Truth told, I was not sure I agreed with some of the choices and decisions you made along the way. However, it is indisputable that if "something works, it works."

It is also worth noting that there is not always a 100% correct way to approach a case. There are choices made along the way and sometimes they make sense and work out. Sometimes, decisions and arguments don't work out. My basic position is that you always have to weigh the decisions, the fact and circumstances and make an informed decision and then fight for your desired outcome. I am glad that your choices worked out and you have gotten an outcome that is favorable!

Congratulations and I hope all goes well for you in your continued service and ultimate retirement. If you have later experiences that may help others, please come back and share them. It might help other folks!
 

MSgt Martin

PEB Forum Veteran
Registered Member
#35
Congrats! I'm sweating for my FPEB Sep 6. AA was denied. I have letters from doctors requesting RTD and passing PT test was submitted as well, the board still wants to see me; Nonsense. I'm AFRC and have been back to full duty for over one year as a firefighter. What does the board want from me?
Look carefully at any medication you take because if it is a controlled substance they will go after you for it. I am assuming you already have strong character references from leadership...
 

MSgt Martin

PEB Forum Veteran
Registered Member
#36
I am so glad to hear you (finally) got a favorable resolution with your case! Congratulations!

I did not offer any input as you seemed to have a clear understanding of the issues and you were represented by an attorney. Truth told, I was not sure I agreed with some of the choices and decisions you made along the way. However, it is indisputable that if "something works, it works."

It is also worth noting that there is not always a 100% correct way to approach a case. There are choices made along the way and sometimes they make sense and work out. Sometimes, decisions and arguments don't work out. My basic position is that you always have to weigh the decisions, the fact and circumstances and make an informed decision and then fight for your desired outcome. I am glad that your choices worked out and you have gotten an outcome that is favorable!

Congratulations and I hope all goes well for you in your continued service and ultimate retirement. If you have later experiences that may help others, please come back and share them. It might help other folks!
I'll always check in on the forum and let others know about it. It's a great place to gather knowledge and advice. It also provided a good support network for "venting" at times. :)
 

Mxbrown

Registered Member
#37
Martin, thanks for the posts. I read yours as I waited for my FPEB. I got through mine...RTD! I did a 12 tabbed binder (72 pages) with all medical records, current but non-official fitness evals, and letters. The board thanked me for the documentation. Anyone reading this: get your documents in order, easy to read and well presented.
And I believe it doesn't matter how good you look on paper, sometimes the board just wants to see the person in question (YOU) face-to-face. Seemed the case to me.
 

brianmatt31

PEB Forum Veteran
Registered Member
#38
There is definitely a trend going in. It would be crazy to see the stats of who they RTD and how many have contracts where they are over 18. This information should be transparent to us all. Definitely doing a congressional (never done one) if the PFEB does not RTD me while in conjunction with my appeal allowed to the SECAF. I would also write to the Air Force Times to see if this trend of discharging people between 18-20 is increasing across the community in a whole. I've earned 45% of my retirement and now in my "silver years" they are saying...thanks for playing, sorry your body is worn down. Heres's a check...go.
MSgt, I need to send you the email I have to a Pentagon Reporter. She does reporting for the Stars and Stripes. Right now she is working on the Burn Pit and air pollution in Iraq/Kuwait. If you want I'll gladly send it to you so you can contact her on your story. I to am at 17 years active and been found unfit.
 

MSgt Martin

PEB Forum Veteran
Registered Member
#39
MSgt, I need to send you the email I have to a Pentagon Reporter. She does reporting for the Stars and Stripes. Right now she is working on the Burn Pit and air pollution in Iraq/Kuwait. If you want I'll gladly send it to you so you can contact her on your story. I to am at 17 years active and been found unfit.
Sure....it's:

[email protected]

Sorry for the late response, been out and about. Is it too late now?
 

JERRY PROK

Registered Member
#40
By the way, I've attached my package that I put together to support my case to be RTD in a file on this post. Perhaps it can help someone put together character references in the future as they fight to stay on active duty.

The FPEB stated I had strong command support, however they used the fact that I took a full PT test against me running counter to my profile. I countered that I asked for my profile restriction to be removed and would talk to patient advocate when I returned to my base. The female Lt Col doctor on the FPEB stated that my PCM will not change my profile restrictions because I am undergoing an MEB so I shouldn't go to patient advocate. Well, I am going to be at Patient Advocate at my medical clinic in 2 days to prove her statement wrong. I will get my leadership involved and go up to the MDG Colonel to ensure my profile reflects my current physical health. I am not going to be "locked" into a profile so that it can be used against me (again) to discharge me from the Air Force. Remember, I asked to be have all profile restrictions removed and was told that it would be done 3 weeks ago!

Interesting note...Ultracet is NOT a narcotic. It is a narcotic-like medication that became a controlled substance. Even more interesting, the female doctor asked my lawyer what the dosage was for Ultracet prior to the FPEB hearing. Ultracet only comes in one dose which is 37.5 mg of tramadol and 350 mg of acetaminophen (Tylenol) mixed together. It makes me wonder if she had ever prescribed this medication as she apparently didn't even know the dosage of Ultracet. What type of doctor is she? This is especially important considering that she rolled her eyes when she asked my CC what he considered a low dosage of narcotic should be? This statement is false since it isn't even a narcotic!

The board states that I only recently came off the Ultracet medication being taken 4X daily. Is 3 months ago recent!? I began tapering myself down 3 months ago as my physical fitness regime and health improved. Also very interesting to note that they distinctly leave this date off the form just as they leave the full component PT score off and only remark that a did a full PT test that ran counter to my profile restriction...all while insinuating that I lied because there was a "note" in some system saying I asked for a push-up exemption. False statement!

I've once again attached the Form 356 and the email traffic about me asking to be lifted off of all restrictions as a result of a conversation I had with my PEBLO a week prior. Remember, I PT tested April 24th and I was assured by the medical community at Dyess that 9 days was adequate time to get these restrictions lifted.

More to follow, Monday is going to be a busy day as I go around the base getting answers and holding people accountable for lying about my profile as it was one of the determining factors used against me to not RTD. The second determining factor which is the medication will be handled because I have stopped taking it and meet with my off-base pain management doctor on Wednesday. Furthermore, Monday I sign a privacy disclosure form so that the congressman that I've contacted can look into my medical records on my behalf.

I'll keep you all posted.

Congratulations, Thanks for sharing your documents. I have been asked to write a letter requesting "Return to Duty" for myself. Did you write one to the DAWG or MEB that you would be willing to share?

Thank you,
Jerry
 
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