MEB and EPR's

CNSJohnson

PEB Forum Veteran
#1
I want to know if anyone else has run into this. I have been marked down on my last two EPR's. The only reason was because of my medical conditions and it making me unavailable. "As an NCO, I can't mark you as a 5. It wouldn't be fair to the people who are here everyday". "There are so many things I should be able to task you with, but with you being in and out, I just can't use you as a seven level all the time". I work in legal, that's the kicker.
 

ssgt

PEB Forum Veteran
Registered Member
#2
I faced the same thing . I always wondered if it was a equal opportunity employment act violation that we are all charged with up holding the regulations to ....hummm???
 

StillWaiting

PEB Forum Veteran
#3
Kinda facing a similar situation in the navy. I made a recommendation for them to not put anything about my MEB/PEB in the evaluation and to write is as a special eval so I am rated solo and others in the same grade do not go up against me since I will be seperating Not sure if that is an option in the AF.
 

Jeep Freak

PEB Forum Veteran
#4
I had the same thing done to me. I asked if I were injured on the battlefield would I still be marked down. You would have thought I said something horrible but my situation came from deployments and the Dr's making the same mistakes for 7 yrs.

Because of being marked down, it cost me a MSM. Becuse the Sq Comm wanted to know the exact places I was applying for jobs while on PTDY I contact the IG, this caused me to receive nothing (I kept all the e-mails). The Sq Comm letter helped me to get SSDI and it was back dated for 1 yr. Keep the stinking medal because the money is more valueable.
 

CNSJohnson

PEB Forum Veteran
#5
I really want to know if they allowed to get away with this. Maybe a congressman needs to get involved to change the laws so that we are not unfairly biased against personell with medical issues. I was only marked down because of medical. This was stressed to me over and over. They wanted me to know how valuable an asset I am and how capable I am...but my availability sucks. To me it seems like discrimination against medical conditions.
 

Jeep Freak

PEB Forum Veteran
#6
I had fully intended to fight this once I was clear from those A___H___ but I have a hard time putting my thoughts together and what does it really matter? I do feel like I'm letting them get away with treating me unjust and I may help someone else but they are good at covering up and have no ethics or integrity.

I might try to get all my e-mails around and attempt to talk to my congressman but I don't feel it will help. I would be happy causing them as much grief that they caused me but in doing that I would just cause myself more. Nobody would stand up for their rights before I got out but would come to me and complain, Amn thru Majors. I told the Major just before I left after he/she (won't narrow the field) came to complain that he/she was on their own.
 

MLTTRM

Registered Member
#7
I know this thread is old, but has anyone had any luck fighting marked down EPR's while in an MEB status? I was advised by ADC to go to IG but wa sthen told that my only option was to appeal...

I've also thought about writing my congressman because the members in MEB status are left in limbo without a voice. the "oh well i'm unfit anyway" is the exact defeatus mentality that causes all of us to just take it and thats not right. I am extremely proud of my career and don't want a marked down EPR to tarnish my record regardless of whether I am staying or going.

Any others facing this problem. I've found a quote in AFI AFI 36-2406

1.8.5. Productivity. While related to internal management control, productivity gains are often a result of improved efficiency rather than establishing or administering policies. Productivity gains can have measurable monetary or manpower savings and are of significance to the Air Force and Air Reserve components. Give consideration to the ratee's achievements in implementing Defense Management Report principles and recommendations, taking into account the ratee's opportunity, or lack of opportunity, for such achievements.

The last sentence "...taking into account the ratee's oportunity or lack of opportunity..." should justify why we cant be marked down for a physical disability effecting our work output. As a comprimise I asked for a statement simular to, "able to maintain excellent quality of work despite decreased duties due to MEB" THis doesnt violate PII or HIPAA and as long as the member agreees should be allowed.

Any thoughts?
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#8
I know this thread is old, but has anyone had any luck fighting marked down EPR's while in an MEB status? I was advised by ADC to go to IG but wa sthen told that my only option was to appeal...

I've also thought about writing my congressman because the members in MEB status are left in limbo without a voice. the "oh well i'm unfit anyway" is the exact defeatus mentality that causes all of us to just take it and thats not right. I am extremely proud of my career and don't want a marked down EPR to tarnish my record regardless of whether I am staying or going.

Any others facing this problem. I've found a quote in AFI AFI 36-2406

1.8.5. Productivity. While related to internal management control, productivity gains are often a result of improved efficiency rather than establishing or administering policies. Productivity gains can have measurable monetary or manpower savings and are of significance to the Air Force and Air Reserve components. Give consideration to the ratee's achievements in implementing Defense Management Report principles and recommendations, taking into account the ratee's opportunity, or lack of opportunity, for such achievements.

The last sentence "...taking into account the ratee's oportunity or lack of opportunity..." should justify why we cant be marked down for a physical disability effecting our work output. As a comprimise I asked for a statement simular to, "able to maintain excellent quality of work despite decreased duties due to MEB" THis doesnt violate PII or HIPAA and as long as the member agreees should be allowed.

Any thoughts?
I would ask, as a starting point, what is your goal in looking for a changed evaluation?

If you are not looking for a fit finding from the PEB, I don't know that it helps you to have a "downgraded" evaluation.

I have dealt with many cases where a member's positive evaluation reports hurt their disability evaluation case.

Those issues aside, there are appeals available for negative reports (though, depending on the circumstances and your branch, the appeals may be limited to only cases with a "referred report" or derogatory information being placed in your record).

Just keep your goals in perspective.
 

Weapons loader

PEB Forum Veteran
Registered Member
#9
I kind of agree with Jason, as a MSgt I still received a 5 but with markdowns, and we all know that as a SNCO in the AF an EPR with a markdown is as good as a 4. I actually contacted my rater and told him not to worry too much about my rating since I would be gone soon, I see no upside in fighting a marked down EPR especially if you are looking at exiting the service. In all reality if you take a step back, at least in my career field, I could not fulfill all the duties of my job, which honestly was deserving of a lower EPR. Remember EO protects a lot of categories for AD members but disabilities is not one of them.