I am a 1Lt in the Air Force! And was a pilot till my commander took me to a flying evaluation board for sleeping while "flying" drones. I was given medical retirement orders on Monday but not authorized by my squadron commander to out-process till today (Tursday). My retirement date is set for Juky 28th, which means I have till June 2nd to out-process, after which I begin 20 days permissive TDY, then 30ish days of terminal leave, however, my commander put an "admin hold" on my out processing because the flying evaluation board they stole my wings at (was sleeping while "flying" drones, but am a diagnosed narcoleptic) hasn't officially closed out. He also said he's opened an investigation because there was a report I was late to work recently and that I missed a day of work. Both are false. Can they do this to me? They're clearly messing with me to steal my 40% pension. What can I do? Please help!
Admin hold following med retirement orders - Please help!!
- Thread starter Screwed
- Start date
Sir, I'm not an attorney or anything but I think this helps you more than anything else. There are many of us on here where their CC tormented us until we are out the door. The good news is you can outprocess in one day, the bad is it just gives them more time to screw with you.
It has now been proven that your Narcolepsy is very bad, I feel extremely bad (not a Dr either). I can't believe that they can do anything to you, they had full knowledge of your condition. I would wait until they try to do something to you and fight anything that you feel is unacceptable. You'll be given time to seek legal counsel if they try for a NJP.
It has now been proven that your Narcolepsy is very bad, I feel extremely bad (not a Dr either). I can't believe that they can do anything to you, they had full knowledge of your condition. I would wait until they try to do something to you and fight anything that you feel is unacceptable. You'll be given time to seek legal counsel if they try for a NJP.
So this comes from an Army regulation, but perhaps there is an AF equivalent. In anyway you really need to find the regulation or the federal law applicable to AF Officers.
Army Regulation 600-8-24 rapid revision date 13 September 2011 found on the official APD website for Army regs:
"1–24. Referral for physical disability evaluation
If a commissioned or warrant officer is being processed for REFRAD, separation, or retirement or has been referred for
elimination action, when it is determined that the officer has a medical impairment that does not meet medical retention
standards, the officer will be processed as set forth in paragraphs a, through d, below.
a. A commissioned or warrant officer under investigation for an offense chargeable under the Uniform Code of
Military Justice (UCMJ) that could result in dismissal or punitive discharge may not be referred for or continue
disability processing unless—
(1) The investigation ends without charges.
(2) The commander exercising proper court-martial jurisdiction dismisses the charges.
(3) The commander exercising proper court-martial jurisdiction refers the charge for trial to a court-martial that
cannot adjudge such a sentence."
This reads to me that an Army Officer or Warrant officer referred for elimination (non-medical) can't be referred for further or new MEBs or continue an ongoing disability process until you are cleared of the charges.
I didn't post it, but the reg goes on to say that both the elimination and medical actions will be processed simultaneously, and since the only way that further elimination action would be processed is if the Officer were to be found guilty; since once you're cleared chapter 1-24 section a subsections 1-3 all deal with elimination actions ending (no charges, dismissed, or referred to a court-martial that can't adjudge it)
In other words IF you were in the Army they might be Fing with you, but they would be doing it fully within the regs and UCMJ. For your sake I hope they drop it, or the AF has a more lenient regulation guiding these events.