Sec. 527 PROHIBITION ON DENIAL REENLISTMENT FOR UNSUITABILITY AFTER PEB FIT FINDING

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#21
Oh, and to further show they were playing "cute", diagnosis is not a condition, it is a finding. "Treatment" for something is not a physical or behavioral condition. A diagnosis cannot impair performance, only the underlying condition. And treatment is not a condition that impairs performance.

I think it is criminal that the Navy does this to members.
 

maparker

Staff Member
PEB Forum Veteran
Registered Member
#22
If separated within the last 15 years, recommend you request a Disability Review Board under 10 USC 1554. The Navy Council of Review Boards (CORB) runs these boards. Contact the CORB (ATTN: Mr Claussen) to request this board.

Mike
 

cjmclark

PEB Forum Veteran
Registered Member
#23
I separated last November. I did not receive any counseling on deficiencies and actions required to overcome (though of course the MPM bears the disclaimer that the Navy's failure to do so does not invalidate administrative action taken). None of my evals ever reflected any deficiencies in my work performance. I was disqualified based solely on diagnosis and treatment, and separated (via MPM 1910-120) due to failure to force convert.
 

cjmclark

PEB Forum Veteran
Registered Member
#24
Oh, and to further show they were playing "cute", diagnosis is not a condition, it is a finding. "Treatment" for something is not a physical or behavioral condition. A diagnosis cannot impair performance, only the underlying condition. And treatment is not a condition that impairs performance.

I think it is criminal that the Navy does this to members.
What's criminal is that I just received two letters from DFAS regarding my debt (due to SRB recoupment, which was initiated because of my medical disqualification), the waiver request for which has been sitting at the SECNAV's office for four months. One letter informed me that the $42K+ in debt was reported as taxable income for last year, so instead of getting a refund this year I will have to pay around $5K in taxes. The other was a bill for said $42K, requiring that I start paying in installments of no less than $1,190.91 a month. I can't afford this. The Navy is literally going to put my family on the street if I can't get this taken care of soon.

How can they possibly justify putting anyone (much less someone diagnosed with depression) through all of this?
 

cjmclark

PEB Forum Veteran
Registered Member
#25
Interestingly, it appears that the debt recoupment may be illegal/invalid in the first place.

DODFMR Vol. 7A, Chap 2, Table 2-1 states "if a member under a written agreement for a pay or benefit incurs an injury or illness, through no misconduct of the member, that precludes the member from fulfilling the service conditions specified in the written agreement and the member is separated, other than as described in Rule 2 (ed: Rule 2 refers to medical disability), for medical reasons as a result of an injury or illness then repayment of the unearned portion of the pay or benefit will not be sought, unless the Secretary of the Military Department concerned determines that repayment of the unearned portion is appropriate due to a personnel policy or management objective, equity or good conscience, or it is in the best interest of the United States." (emphasis mine)

Additionally, the message directing my ADSEP specifically stated "D. STOP PAYMENT (WITHOUT RECOUP) OF ANY REMAINING ENTITLEMENT FOR ADSEPS NOT AT FAULT OF MEMBER (I.E. MEDICAL DISQUALS)." (emphasis mine)

To my mind, this means that the default position is one of non-recoupment unless specifically directed by the SECNAV, as opposed to the current reality of default recoupment unless specifically waived by the SECNAV.

I have contacted DFAS-Indianapolis to dispute this debt and am awaiting their reply. Still no word from the SECNAV's office regarding the waiver that was sent to them 4 months ago.
 
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