PEB/EAS help needed!!!!

Semperfi0352

Registered Member
#1
Hello,
I am a new member here and I have been reading as much as I can about the MEB/PEB process as possible but I feel as though my situation is somewhat "unique" so if anyone can help me it would be greatly appreciated.

I am a Marine with 8 years of active service and an EAS of Sept 22, 2012. I broke my leg in Sept 2010 and was placed on light duty until April of that following year while doctors waited to see if it would heal on its own. In February 2011, just prior to being placed on limdu, I underwent my first surgery and had a plate and 6 screws put in my leg as well as having a bone graft from my hip to my leg. After going through recovery and physical therapy for 6 months, I was put on a second limdu period and had another surgery to remove the hardware in an attempt to alleviate pain I was experiencing (I was told I had a 50/50 that it would help). Needless to say it did not but ortho basically washed their hands of me because my bone was now pronounced "healed" even though I still could not run, stand for long periods, or carry heavy weight. After my second limdu period expired (April 2012), I was told that because of the proximity of my EAS (within 6 months), I would not be placed on a med board and that I should just file a claim with the VA upon relase from active duty. I was also told that I would be on somewhat of a "light duty status" with my CoC being notified that I was not to take PFTs/train, etc.

The situation has been further complicated because when I went to separations classes I was told that because of my inability to reenlist combined with my time in service, that I would rate severance pay through the Marine Corps and that I would just need a letter for my doc stating that I was unfit for reenlistment and why. My doc was happy to oblige and gave me said letter but when I submitted for separations pay I was told that my package was "on hold" at division because I was neither denied reenlistment nor med boarded even though I was unfit for reenlistment medically. My command suggested that I med board (and that the medical officer and I were "naive" in thinking that I could not and that I was ineligible for severance without it).

Now my unit is in Japan and my CoC (remain behind element) is telling me that they will E-mail the doc and begin the med board process. Am I going to have problems because the medical officer dropped me from limdu after the 2nd period expired? Is this true that I cannot receive severance through the Marine Corps without a med board even though I am unfit for reenlistment (according to my PCM)? Am I going to wind up wasting my time waiting on my med board to come back only to be declared "fit for duty" by the PEB and be in the same situation I am in now but with months lost when I can just get out now? Can the medical officer now refuse to place me on a PEB even after he wrote that letter? How long should I expect to be stuck here now if the PEB is processed and submitted? I am just so frustrated with being jerked around by everyone and would like some straight answers for once. I am on the verge of calling my congressman and asking for assistance but I feel like they wouldn't even be able to do anything. My wife and I expected to be home in a week and a half and had checked out completely minus getting move and flight dates and now we find out we might be here for months more. PLEASE HELP with any advice or assistance!!!!
 

pittpan2005

PEB Forum Veteran
#2
First, I would look at your MCTFS code; via admin or if you've had a FITREP recently it will show your code. Then contact MMSR-4 and ask them if you are "pending MEB/PEB." Read DoDi 1332.38 and SECNAVINST 1850.4e and MARADMIN 263/12 2012 REVISED TEMPORARY LIMITED DUTY CODES MODIFICATION OF TTC 157.

If you have medical conditions that prevent you from being able to perform your job after 2 periods of LimDu(which required an MEB for both) and no other alternative, another MEB should be initiated and either lead to special approval of 3rd LimDu period or referral to PEB. They can't deny re-enlistment based on medical conditions if you are, in their eyes, Fit for Duty. You're command can also initiate an MEB.

What are the medical conditions that prevent you from being able to perform your job?

 

Semperfi0352

Registered Member
#3
I will check on that code and get back to you but what does that mean either way?

I know (now) that I should have been put on a PEB when my limdu expired in April but that was never done that was the problem. There was an "understanding" between medical and my command that I was to EAS because of the proximity of that date when my limdu expired but I was not to resume training or run a PFT, etc. due to my injury. I was never given the choice to go to the PEB (because my EAS was so close) even though the medical officer understood that I was not able to return to full duty and even wrote a letter to that effect deeming me unfit for reenlistment and unable to perform my duties.

As far as my medical limitations/conditions, I am unable to run or carry heavy weight due to pain from my leg injury (fracture) and the which the subsequent surgeries never alleviated. My bone is now healed but I still have pain which keeps me from performing my duties as an infantryman. I am also unable to stand/walk for extended periods of time (anything longer than 15-20 minutes usually is too much without rest) nor can I negotiate uneven terrain without pain in my leg. Basically any strenuous exertion causes me extreme pain in my leg and makes it impossible to perform most tasks required of me as a Marine and an infantryman. Since the first surgery when they took the bone graft from my hip, I have also been experiencing pain (although not necessarily debilitating on its own or as bad) at that site with exertion similar to what I experience with my leg.

I have tried surgery twice and physical therapy after both, none of which helped very much if at all.
 

pittpan2005

PEB Forum Veteran
#4
You are 100% correct; they should never have just dropped you from LimDu after the 2nd period, without being able to return to full duty. At that point another MEB should have been initiated.

The code just tells you whether your EAS has been updated to reflect an MEB is ongoing, pending, and/or if they documented correctly your "profile" or limitations. That prevents you from being able to EAS prior to MEB/PEB completion. It sounds like they didn't do that.

My recommendation is contact a JAG asap. Sit down with your XO/CO and explain you should be med boarded. Also, schedule an appointment with your PCM and the patient advocate explaining the situation. You might look into contacting the IG as well. If they have doctors not following procedure they need to know so they can fix it for you and others. Contact your career counselor and have them make some calls because you rate/deserve to go through the disability system.

Just my two cents and I am sure others will have some ideas for you.
 
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