Potential AGR Continuation Packet Denial while currently have a Profile

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notacos4u

PEB Forum Regular Member
Registered Member
I have a question I hope I can get guidance on. I am an AGR Soldier and my contract expires Oct 1, with 16 years 11 months of active duty. I have a medical profile for my back and neck. I was informed yesterday, that the command is recommending me for non continuation of AGR due to the fact I have not been able to complete my NCOES, a B code Flag initiated, due to me being on different profiles for the past 5 years, 3 Soldier surgeries, back and elbow issues. I am not currently in a MEB, and I was wondering, if I still have open profiles, can they ETS me out of my AGR position even though I have an active medical profile that requires treatment? Thanks and look forward to any guidance I may recieve, Jim

Also, forgot to add, I had my profile for my back and elbow removed last year, due to trying to avoid being put into an MEB.
 
notacos4u said:
I have a question I hope I can get guidance on. I am an AGR Soldier and my contract expires Oct 1, with 16 years 11 months of active duty. I have a medical profile for my back and neck. I was informed yesterday, that the command is recommending me for non continuation of AGR due to the fact I have not been able to complete my NCOES, a B code Flag initiated, due to me being on different profiles for the past 5 years, 3 Soldier surgeries, back and elbow issues. I am not currently in a MEB, and I was wondering, if I still have open profiles, can they ETS me out of my AGR position even though I have an active medical profile that requires treatment? Thanks and look forward to any guidance I may recieve, Jim

Also, forgot to add, I had my profile for my back and elbow removed last year, due to trying to avoid being put into an MEB.
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What branch are you in? I am assuming Army. Are you NG or Reserves? Have you talked to retention to see what your options are?

Below are some thoughts if you are Army:

If they are trying to not let you reenlist due to health issues your commander should be referring you to a fit for duty exam. Even if they tried to not let you reenlist you would need to go to separation health exam at an active duty base to get off active duty AGR orders and they would see you should be MEB'd but that is a big waste of time and people slip through the cracks. Definitely contact JAG and retention to see what you options are. Based on what your leadership is trying to do I am assuming you are not in good terms with them. If you were in good terms it would be easy enough for them to refer you to a fit for duty exam which would probably help them accomplish the same goal.
 
In order to give advice, it’s critical to know what branch are you AGR for? Army Reserves or Army National Guard and what State of Army National guard.
 
While the services SUCK at following this. This is the law
DoDI 1241.01, April 19, 2016

(2) When an RC Service member is on active duty (AD) or full-time National Guard duty (FTNGD) for a period of more than 30 days and, at the scheduled end of that period, has an unresolved in-LOD condition that may render the member unfit for duty under the Disability Evaluation System (DES), but this has not yet been determined by the DES, the member:

(a) Will, with his or her consent, be retained on AD or FTNGD until:
1. Outstanding in-LOD conditions are resolved; or
2. He or she is either found fit for duty, separated, or retired as a result of a DES
finding.

You can push for a board. BUT the law is the ILOD should be resolved before you are no longer retained. Do they follow it...NO. And that is why this forum exists.
 
Provis said:
What branch are you in? I am assuming Army. Are you NG or Reserves? Have you talked to retention to see what your options are?

Below are some thoughts if you are Army:

If they are trying to not let you reenlist due to health issues your commander should be referring you to a fit for duty exam. Even if they tried to not let you reenlist you would need to go to separation health exam at an active duty base to get off active duty AGR orders and they would see you should be MEB'd but that is a big waste of time and people slip through the cracks. Definitely contact JAG and retention to see what you options are. Based on what your leadership is trying to do I am assuming you are not in good terms with them. If you were in good terms it would be easy enough for them to refer you to a fit for duty exam which would probably help them accomplish the same goal.
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I am in the ARNG, and thank you for the info
 
Hawaii5-0 said:
While the services SUCK at following this. This is the law
DoDI 1241.01, April 19, 2016

(2) When an RC Service member is on active duty (AD) or full-time National Guard duty (FTNGD) for a period of more than 30 days and, at the scheduled end of that period, has an unresolved in-LOD condition that may render the member unfit for duty under the Disability Evaluation System (DES), but this has not yet been determined by the DES, the member:

(a) Will, with his or her consent, be retained on AD or FTNGD until:
1. Outstanding in-LOD conditions are resolved; or
2. He or she is either found fit for duty, separated, or retired as a result of a DES
finding.

You can push for a board. BUT the law is the ILOD should be resolved before you are no longer retained. Do they follow it...NO. And that is why this forum exists.
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Because I am ARNG, they do not do LOD’s for AGR Soldiers, so there is no LOD’s for any of my injuries. due to already previously having 2 open profiles for my shoulder and back, I avoided going to the doctors for any of the other issues, neck issues, migraines, and severe heart burn, because I was trying to avoid being put into a MEB, because I am so close to my 20 year active duty retirement. I knew I had my AGR contract ending in October, but I expected them to retain me for the remainder as I will be at appr 16 years and 11 months. They are using the fact that due to being injured and on profile, I was unable to complete my PME and have done a bar to reenlist ent with a code of B. I seriously believe they are trying to get rid of me to prevent me from reaching 18 years active service and thereby reaching sanctuary and qualifying for my active duty retirement.
 
notacos4u said:
Because I am ARNG, they do not do LOD’s for AGR Soldiers, so there is no LOD’s for any of my injuries. due to already previously having 2 open profiles for my shoulder and back, I avoided going to the doctors for any of the other issues, neck issues, migraines, and severe heart burn, because I was trying to avoid being put into a MEB, because I am so close to my 20 year active duty retirement. I knew I had my AGR contract ending in October, but I expected them to retain me for the remainder as I will be at appr 16 years and 11 months. They are using the fact that due to being injured and on profile, I was unable to complete my PME and have done a bar to reenlist ent with a code of B. I seriously believe they are trying to get rid of me to prevent me from reaching 18 years active service and thereby reaching sanctuary and qualifying for my active duty retirement.
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However, if you are AGR they have to send you to a separation health exam before coming off active duty. That doesn't change meaning if you have possible unfitting conditions the examiner can send you to IDES. Why not ask your commander to send you to a fit for duty exam? How is your relationship with leadership?

Lastly, I would hire a private attorney so that you have some dedicated firepower. If your leadership isn't on your side they still need to abide by the AR. A dedicated attorney can strengthen your position and if they know they are going to get a lot of resistance they may be more inclined to get rid of you the proper way via a fit for duty exam and IDES route.
 
notacos4u said:
Because I am ARNG, they do not do LOD’s for AGR Soldiers, so there is no LOD’s for any of my injuries. due to already previously having 2 open profiles for my shoulder and back, I avoided going to the doctors for any of the other issues, neck issues, migraines, and severe heart burn, because I was trying to avoid being put into a MEB, because I am so close to my 20 year active duty retirement. I knew I had my AGR contract ending in October, but I expected them to retain me for the remainder as I will be at appr 16 years and 11 months. They are using the fact that due to being injured and on profile, I was unable to complete my PME and have done a bar to reenlist ent with a code of B. I seriously believe they are trying to get rid of me to prevent me from reaching 18 years active service and thereby reaching sanctuary and qualifying for my active duty retirement.
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Technically speaking, while you are on long term orders...your chart is your LOD. There is supposed to be a culling of that data upon exit which is the SHPE (federally mandated physical that is often not done) and a formal entry in your chart. My earlier comment is still correct that we are focusing on issues that may render the member unfit for duty.
It's good that you are being proactive and asking these questions because the masses in uniform think taking care of their people is solely focused on the job. While we as leaders and medical personnel need to give tough love when you aren't cutting it to your MOS standard. It does the government no good to have broken warfighters. AND it does the member no good to hide those conditions as opposed to getting them treated.

We aren't getting any younger.

If you feel that you need to be boarded for these conditions then start poking around here more and draft your gameplay. I had conditions that my providers thought they were doing me a favor by keeping me in. Ultimately, it hurt myself and the service by keeping me in.

Be YOUR advocate and ensure you are medically and financially taken care of.

Get a profile and pursue a med board for unfitting conditions while you are in. Be honest with yourself. You will find that there are many other conditions that you have been treating with vitamin Ibuprofen for years. Get a copy of your medical record, an adult beverage, and highlight concerning and repetitive claims that you have made while in status.
 
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