Okay, I’m going to keep this as short as possible. I was in the Coast Guard for over 18 years and was discharged on the weight program but never received a discharge physical or anything I was entitled to. 6 months later I was diagnosed with type 2 diabetes it was then that I contacted the Coast Guard and requested reinstatement because type 2 diabetes causes weight gain. I was told to appeal to the BCMR which I did and the BCMR put me into a MEB even though I’m a civilian. All of these boards I’ve gone through have found me fit for full duty even though there is nothing in my medical record after April of 2004 (I was discharge in August of 2006). I was told that after the IPEB for me fit for duty that I was not entitled to a FPEB I could only rebut the findings, which I did…been through the PRC and back to the IPEB but now that I’m at the Disability Appeal board the Coast Guard decided that they want to give me a formal board. This does not follow policy and has me extremely worried. If I go to this “illegal board” does that mean I’m allowing them to not follow policy and if I don’t go will that be held against me later on in the process if this board doesn’t find for me? Speaking of which wouldn’t the decision be illegal if the board is not part of policy?
I’ve been at this for about 6 ½ years now. This has been a nightmare for me...FOIA requests lost, my actual record not my medical record but my PDE has been lost with the exception of all my bad page 7’s, contract and DD-214. Every step I take I get knocked back 5.
Before I get too far into this I would just like to know if the board they are giving me is not in line with policy and I go am I setting myself up for them to say I went to the board so he allowed it. And what if they do find for me? Will it be legal? Will it comeback and haunt me in a few years after some other CG lawyer looks at it? I’ve got CG counsel that says this is the best way for me to get my retirement…so not following policy, which got you and I into this mess to begin with, is the answer to get us out. Really? I’m worried and unsure what to do. Any advice would be appreciated
I’ve been at this for about 6 ½ years now. This has been a nightmare for me...FOIA requests lost, my actual record not my medical record but my PDE has been lost with the exception of all my bad page 7’s, contract and DD-214. Every step I take I get knocked back 5.
Before I get too far into this I would just like to know if the board they are giving me is not in line with policy and I go am I setting myself up for them to say I went to the board so he allowed it. And what if they do find for me? Will it be legal? Will it comeback and haunt me in a few years after some other CG lawyer looks at it? I’ve got CG counsel that says this is the best way for me to get my retirement…so not following policy, which got you and I into this mess to begin with, is the answer to get us out. Really? I’m worried and unsure what to do. Any advice would be appreciated