Rebutting a Commander's Impact Statement

PolloxTroy08

PolloxTroy08

Well-Known Member
PEB Forum Veteran
Registered Member
I received my NARSUM today and was devastated that my CO, not only put that I was fit for duty and deployable, but that I was exaggerating the severity of my medical issues. I thought I was on a friendly basis with the CO and he understood my situation; I even provided my self assessment on the CDR's assessment form for his consideration and he told me he was going to write that I was unfit; he obviously lied to me. I may try to engage him about it, but based on the verbiage, I'm not optimistic he'll change anything. Incidentally, the MEB disagreed with him, found me unfit, and is referring my case to the PEB.
A few questions:
- Should I rebut the MEB to provide a response to the CDR's impact statement being incorrect?
- Should I obtain a memo (or some other statement) from my 1SG or former Company Commander (who both know my plight better) to cast doubt on the accuracy of his assessment?
- If he was able to provide an update to his assessment, when in the IDES process is the latest he could do that? Could it be part of a PEB appeal even?
 
PolloxTroy08 said:
I received my NARSUM today and was devastated that my CO, not only put that I was fit for duty and deployable, but that I was exaggerating the severity of my medical issues. I thought I was on a friendly basis with the CO and he understood my situation; I even provided my self assessment on the CDR's assessment form for his consideration and he told me he was going to write that I was unfit; he obviously lied to me. I may try to engage him about it, but based on the verbiage, I'm not optimistic he'll change anything. Incidentally, the MEB disagreed with him, found me unfit, and is referring my case to the PEB.
A few questions:
- Should I rebut the MEB to provide a response to the CDR's impact statement being incorrect?
- Should I obtain a memo (or some other statement) from my 1SG or former Company Commander (who both know my plight better) to cast doubt on the accuracy of his assessment?
- If he was able to provide an update to his assessment, when in the IDES process is the latest he could do that? Could it be part of a PEB appeal even?
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What branch are you in? Only in the Air Force is there a section to rebut it. So if you haven't already and you are Air Force there is a line on that form for you to appeal and write a statement.

The most concerning thing is that your CDR lied. He could get in a lot of trouble for lying. Of course, he could just say he changed his mind between times. I don't think I would spend any time on challenging the commander's impact statement if the iPEB found me unfit. I would talk to legal to ask if anything should be done but typically challenging the commander's impact statement isn't part of the process except for the Air Force. There are many times that a commander states fit and the NARSUM and iPEB find the Soldier unfit.
 
Commander letters are non medical. Commanders often write retain as euphemism for “He/she is a good troop” vice directly answering the questions.

What branch or you in?

Be careful in how you word any rebuttal.
 
I'm Army. The MEB found me unfit and acknowledges the disparity on the CDR's impact statement, but I'm terrified the iPEB will use the statement as an excuse to find me FIT, especially as I'm eligible for a regular retirement.

Does everything in the NARSUM rebuttal go to the iPEB for consideration in their ruling? I mostly agree with the medical portion of the NARSUM, but I am thinking it'd be smart to get ahead of the iPEB by rebutting the NARSUM; correcting some minor errors listed, but using it as an opportunity to let the iPEB know that the commander's impact statement isn't an actual representation of my work functional ability. I believe the 1SG would provide a memo, not only stating the clear and sustained degradation of my work functional ability, but that the company commander's assessment purposely misrepresented my abilities due to being vindictive.
 
PolloxTroy08 said:
I'm Army. The MEB found me unfit and acknowledges the disparity on the CDR's impact statement, but I'm terrified the iPEB will use the statement as an excuse to find me FIT, especially as I'm eligible for a regular retirement.

Does everything in the NARSUM rebuttal go to the iPEB for consideration in their ruling? I mostly agree with the medical portion of the NARSUM, but I am thinking it'd be smart to get ahead of the iPEB by rebutting the NARSUM; correcting some minor errors listed, but using it as an opportunity to let the iPEB know that the commander's impact statement isn't an actual representation of my work functional ability. I believe the 1SG would provide a memo, not only stating the clear and sustained degradation of my work functional ability, but that the company commander's assessment purposely misrepresented my abilities due to being vindictive.
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I'd let the medical evidence do the talking. The impact statement could imply you're superman, but the board ultimately cares about the VA's conclusion on your health rather than your commander's opinion. While it does matter, it's certainly not something that can convince a board as fit for duty if they would otherwise be sure you are unfit.

You can also request to have the statement edited if your case has yet to be forwarded to the PEB.
 
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