Hello, I was researching this statute and who qualifies which is how I came across this website. I reviewed all history in the forums related to § 1554 but have some questions that the threads did not answer in my mind. § 1554 was the result of the “Servicemen’s Readjustment Act of 1944” which was originally under the purview of the Veteran’s Administration as The Department of Defense, Title 10, hadn’t been created yet. After the creation of Title 10 in 1956, the Act was eventually moved there and that is when § 1554 was created. My point is that a lot of the language (e.g. retiring board, board of medical survey) has been revoked/renamed over the years leading to my questions.
Reading the statutory language, any service member (previously just officers) has 15 years from separation/retirement to request this Disability Review Board (DRB) look at the service member’s separation/retirement from active duty without pay for physical disability. This makes the assumption that the service member is separated/retired for a physical disability. The forum history speaks to examples of separation without pay for physical disability such as EPTS, but I am trying to understand in what scenario does a member get retired for a physical disability but not receive the corresponding pay? As previously stated in the forums, these boards are not advertised and very few have taken place so not much to go off of.
So, I look at the statute as saying to review a separation/retirement (for any reason other than physical disability thus physical disability pay is not being received) but the service member believes they should be retired for disability and get the corresponding disability pay; this led me to my research. I was administratively discharged for misconduct and never entered in the DES for appropriate evaluation of my in-service diagnosed PTS from my combat time thus no MEB, no PEB. To petition to get this changed is the BCNR the only/best avenue? One can’t go to Federal Court for disability retirement until they have had a competent board deny the petition. That is the boat I am in as no PEB.
Now a fly in the ointment (and I am speaking only about the Department of the Navy) is that the Navy DES policy applicable to me, SECNAVINST 1850.4E, identifies that “a prior Navy board (PEB, BCNR, etc....)” can be reviewed by the DRB as part of the case. This goes counter to what the forum history discussion stated that going to the BCNR first precludes going to the DRB.
I know this is lengthy and convoluted but being discharged with an OTH two weeks before my 20 years of service is an unhealed wound. I am still within my six year SOL. Just looking for opinions. Thanks.
Reading the statutory language, any service member (previously just officers) has 15 years from separation/retirement to request this Disability Review Board (DRB) look at the service member’s separation/retirement from active duty without pay for physical disability. This makes the assumption that the service member is separated/retired for a physical disability. The forum history speaks to examples of separation without pay for physical disability such as EPTS, but I am trying to understand in what scenario does a member get retired for a physical disability but not receive the corresponding pay? As previously stated in the forums, these boards are not advertised and very few have taken place so not much to go off of.
So, I look at the statute as saying to review a separation/retirement (for any reason other than physical disability thus physical disability pay is not being received) but the service member believes they should be retired for disability and get the corresponding disability pay; this led me to my research. I was administratively discharged for misconduct and never entered in the DES for appropriate evaluation of my in-service diagnosed PTS from my combat time thus no MEB, no PEB. To petition to get this changed is the BCNR the only/best avenue? One can’t go to Federal Court for disability retirement until they have had a competent board deny the petition. That is the boat I am in as no PEB.
Now a fly in the ointment (and I am speaking only about the Department of the Navy) is that the Navy DES policy applicable to me, SECNAVINST 1850.4E, identifies that “a prior Navy board (PEB, BCNR, etc....)” can be reviewed by the DRB as part of the case. This goes counter to what the forum history discussion stated that going to the BCNR first precludes going to the DRB.
I know this is lengthy and convoluted but being discharged with an OTH two weeks before my 20 years of service is an unhealed wound. I am still within my six year SOL. Just looking for opinions. Thanks.
