14 Year Active Duty Navy - Currently going through IDES/PEB - parent command (Type 2 Sea Duty) wants to keep me, and not allow me to transfer to shore

brokenlizard

PEB Forum Veteran
Registered Member
#1
Hello everyone,

I don't know where else to turn to with my parent command leadership (E7/E8), going against what the MILPERSMAN 1306-1202 states on pg 2 "If a PEB is being initiated on a member, as specified by the MTF, comply with the following: (1) Personnel assigned to Sea Duty (Type 2 or 4 Sea Duty), shall be transferred via a Standard Transfer Order (STO) to the nearest patient/TPU/Other activity, as specified by the MTF, in ACC 355, TEMDU AWAITING RESULTS OF MEDICAL BOARD."

From my understanding is I should be transferred out from sea duty to a shore command? I'm looking at getting legal advice next week, before I speak to the E7/E8 and eventually the CO, and show them the MILPERSMAN instruction that, keeping me on sea duty assignment is not going by said instruction. My IDES PEBLO supervisor, also mentioned there's a chance the CO could keep me there, and I would have no authority or say in transfer to shore is per instruction. Has there been any issues like this with members here?

Thank you for your time everyone!
 

brokenlizard

PEB Forum Veteran
Registered Member
#2
Sorry, I should probably also write out my diagnosis for what got me to IDES/PEB through Neurology/mental health and where I stand currently with my parent commands ways of dealing with IDES/PEB process.

1) Recurrent Rhabdomyolysis
2) Myopathy
3) Depression

In my personal impact letter, I've also listing further mental health conditions, that effect me daily and for over a decade of multiple symptoms.

Timeline of events:

-5 weeks ago, submitted my LIMDU form to PSD Navy Chief (100% clueless how to process LIMDU or PEB) for LIMDU orders to transfer me from sea duty to shore duty.

-The following week I turned my LIMDU form to PSD by Neurology, I went to IDES and got enrolled, and submitted my PEB referral form to the PEBLO. Then advised by the PEBLO to turn in the PEB (VA/IDES) referral form back up to PSD. Doing so, for reasons unknown the PSD Chief said he didn't need the PEB form at all, and that the LIMDU form he got from me the week before was all he needed. Listened to the Chief and figured he knew what he was talking about android I should receive LIMDU orders 4-6 weeks from now.

-So since then, I've been patiently waiting to see if my LIMDU orders will show up...

-Fast forward to today, Haven't received LIMDU orders and so I decided to report back to the PSD and speak to the same E7 there and asked about the status. He then tells me, "oh we received a message traffic from IDES, and basically said there I was UNFIT for LIMDU and the IDES will take over or override the LIMDU orders basically." Of course I ask, why wasn't this brought up to me last week (message traffic date/time/group was 7 days ago), his repose was well your E7 was also CC'd to the advance copy of the message.

-The rest of the events occurred all day today. With that information now, I was completely lost and confused why none of my leadership reached out to me a week ago about this, and what course of action should I look at. Immediately contacted my E7, grabbed a copy of the msg traffic, and approached him during lunch in his office. He proceeded to tell me right away, "well we feel you can stay here while you finish out your PEB process, and we'll allow you to make all the appt's and so on." Then states something pretty off putting, "It's easier for me to not have to contact the detailer to get you shore orders, and to just keep you here, especially because our manning is so low right now with everyone PCS'ing." That comment caught me completely by surprise, and the other fact that he acknowledged he saw the message traffic a week ago too (but failed to tell me).

-Then the E8 walks into the conversation, and says "oh yeah, so we spoke to the CO here already a little awhile ago, and we think it'll be better to keep you here, and have you finish your PEB." Which was another concern for me, how did these two speak to the CO already about this when they kew for the last 4-6 weeks we were ALL anticipating LIMDU orders would be released to transfer me out to shore duty???

-Now I had to seek further guidance from the IDES PEBLO supervisor on all this, and if my leadership is questionable in their tactics (withholding information/making decisions based off their needs). The PEBLO says "by instruction my command should request shore orders for me via speaking to the detailer, but even thought the instruction says that there's still a possibility they could in fact try and keep me." Also goes onto say though, "if I see ACC 355 reflected in my online records, I can personally contact the detailer myself and request shore orders, because at that pointy your ACC 355, per instruction should allow me to transfer." Proceeded to tell him what occurred weeks ago when I returned to the PSD E7 there, and attempted to submit my PEB referral form (which got turned away), the PEBLO strongly advised me to take it back again to the PSD E7 and instruct him it's his job to receive that form and route it up further to the main PSD on installation.

-Accordding to the PEBLO, and with his guidance/experience to my understanding it sounds like there's a "grey area" with the MILPERSMAN 1306-1202 for CO's/commands to choose whether to follow or not.

-At this time, I returned back up to PSD and "resubmitted" the PEB referral and his reaction was still unsure why he needed it. I told him per the IDES PEBLO it's submitted to you and then up to the main PSD for further submission for the member to become ACC 355 eligible. I took the form reluctantly, but at least he has a copy of it now, and I was doing the right thing.

-I returned back to work, my E7 approaches me with a confrontational demeanor and asked "why did you return to PSD again, after our conversation about keeping you here, and not to execute shore orders for you?!" He then told me he found out because the E7 from PSD, contacted him when I dropped off the PEB form. I had to explain, exactly what the PEBLO told me to do with the form. He continued to probe, and reconfirm his plan to keep me here was for the best, and there shouldn't be any reason I need to receive shore orders, and that he also spoke to the E7 at PSD saying "this Sailor doesn't require shore orders, so cancel that request because it's easier for us to keep him here instead of contacting the detailer."

-This was now COB, so my next step was get legal guidance with the MILPERSMAN 1306-1202 instruction to see exactly how to approach this when I speak to the CO next week about my experience and look into what rights I have, and if this instruction holds any weight or is it up to the CO ultimately to decide to make his own decision even with an instruction in place.

Well if you read all this, I'm very grateful for it, and hope I was able to articulate with the situation I face. Thanks in advance as well, for any response and guidance on this very stressful process!
 
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