7 YEARS & STILL NO MEB!

chincha999

PEB Forum Regular Member
Registered Member
Returned from OEF 2013 and reEnlisted for another 6 year & was approved to attend Lackland AFB San Antonio as MTI Military Training Instructor.

During a PT physical Training was performing push up and had total rotary cuff tear.

my unit on Pope AFB that is know Pope AAF NC. instructed to receive as much medical exams on Lackland AFB before returning to Security Forces Squadron unit in North Carolina.

After diagnosis return to unit and day one back requested to my Commander to be kept on AD active Duty orders until completion of injury and if military medical doctor recommends MEB to continue on orders until decision made for medical Retirement or released from USAFR.

So after Wing Commander denied orders other than 30 day orders to clear base then ordered to go home and request INCAP PAY because Wing Commander stated they did not have the funding to keep me on orders.

Requested orders again and was again told to report home and file for INCAP Pay and get medical recovery from home on INCAP pay. Oh and for 7 years Wing Commander stated I will be NO POINTS NO PAY but did not want to return home wanted to stay on orders and complete everything but also keep points and pay for my Retirement and they have taken 7 years of points and pay at no fault of mine but my unit and USAFRC just forgetting about me when I can no longer help them.

Needless to say 7 years have passed and finally AFRC HQ contacted out of the blue to know RUSH me through MEB on Tinker AFB closest base to my home and put me on 6 month of AD orders.

So am asking this Forum if I have a case through AFBCMR to request my points and pay because I did my job and followed EVER ORDER my Command gave they however forgot me the moment I stepped off Pope AFB!

Any help will be so appreciated.

Contacted lawyers who specialize in military law but want just for phone consult $150 an hour.

my spouse who retired 24 AD Army but still has to work building bombs he at one time used in war and he and I have served HONORABLE but cannot say that for myself who has 18 years.

Through the VA got approved 100% disabled in 2015 but my PTSD and medication makes reading or understanding AFI to help me FIGHT this is forgotten the moment I read how to apply for this injustice but lawyers won’t take my case and take there pay if points&pay reimbursement.

thank you,
 

Provis

Well-Known Member
PEB Forum Veteran
Registered Member
$150 an hour would be money well invested. Cases won and lost often depend on wording.
I agree that for $150 an hour is well worth it for getting the correct advice. Also Jason Perry who runs this forum and Jack Gately (they are competitors but are friends) are attorneys I recommend checking out too.
 

chincha999

PEB Forum Regular Member
Registered Member
Yes that is good if you make that kind of Money but we live in Oklahoma my home state but pay and living descent is and has been a struggle since spouse was diagnosed w/ after 24 years perfect health serving w/ 82nd to type 2 Diabetes and being sent home due to COVID-19.

Just a horrible year in America!

So have contacted a MSgt who worked S1 in my unit who actually got her points and pay back thru AFBCMR. Also they had to keep her on orders thru MEB process were before she was AGR position.

very disappointed in my unit and the SFS Commanders were just SAD individuals who were worried about getting their next rank and moving the unit to Florida.
Army may have not had the money of ooh La La of USAF but when I was in the Army the soldier was squared away.

I will speak with my girl and if she thinks I have a good case will contact Mr. Gately or Perry and go from there.

thanks for the help have Blessed Day!
 

Jason Perry

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PEB Forum Veteran
Registered Member
Returned from OEF 2013 and reEnlisted for another 6 year & was approved to attend Lackland AFB San Antonio as MTI Military Training Instructor.

During a PT physical Training was performing push up and had total rotary cuff tear.

my unit on Pope AFB that is know Pope AAF NC. instructed to receive as much medical exams on Lackland AFB before returning to Security Forces Squadron unit in North Carolina.

After diagnosis return to unit and day one back requested to my Commander to be kept on AD active Duty orders until completion of injury and if military medical doctor recommends MEB to continue on orders until decision made for medical Retirement or released from USAFR.

So after Wing Commander denied orders other than 30 day orders to clear base then ordered to go home and request INCAP PAY because Wing Commander stated they did not have the funding to keep me on orders.

Requested orders again and was again told to report home and file for INCAP Pay and get medical recovery from home on INCAP pay. Oh and for 7 years Wing Commander stated I will be NO POINTS NO PAY but did not want to return home wanted to stay on orders and complete everything but also keep points and pay for my Retirement and they have taken 7 years of points and pay at no fault of mine but my unit and USAFRC just forgetting about me when I can no longer help them.

Needless to say 7 years have passed and finally AFRC HQ contacted out of the blue to know RUSH me through MEB on Tinker AFB closest base to my home and put me on 6 month of AD orders.

So am asking this Forum if I have a case through AFBCMR to request my points and pay because I did my job and followed EVER ORDER my Command gave they however forgot me the moment I stepped off Pope AFB!

Any help will be so appreciated.

Contacted lawyers who specialize in military law but want just for phone consult $150 an hour.

my spouse who retired 24 AD Army but still has to work building bombs he at one time used in war and he and I have served HONORABLE but cannot say that for myself who has 18 years.

Through the VA got approved 100% disabled in 2015 but my PTSD and medication makes reading or understanding AFI to help me FIGHT this is forgotten the moment I read how to apply for this injustice but lawyers won’t take my case and take there pay if points&pay reimbursement.

thank you,
Baaed solely on what you wrote, sounds like you have a good case.

"Lawyers who specialize in military law" is something that grates on me. There are very few lawyers who practice for the majority of their cases (or solely) in the area of military disability law. Jack Gately is one, and I am another. Most everyone else are attorneys who practice mainly in military criminal law and they dabble now and then in military disability cases.

Hire Jack (@johnbgately). I respect him and he is a colleague (see below for my snark).
I agree that for $150 an hour is well worth it for getting the correct advice. Also Jason Perry who runs this forum and Jack Gately (they are competitors but are friends) are attorneys I recommend checking out too.
Without snark, if shopping for attornies, I do suggest comparing and talking with a few to see compare both pricing and whether you feel more comfortable with one over another.

Is Jack a friend? I am not sure he or I would admit to that in a public forum. He might have better jokes than I do. I think he is a damn sight better than 98% of my competitors. He likes cats.

As for $150.hr for a phone consult, I figure the idea (somewhat understandable), is that just talking does take time and if it offers good info, it may be worth it. I generally only charge for consult when I need to review a lot of records. Charging does make sense sometimes, but, normally, I can suss out whether there is a case to be had just by talking with someone and any fees in initial steps, I generally credit against late services. I can see the charge making sense, but my bigger concern is the qualification of the attorney charging that. I don't think Jack charges that way, and I don't.
 
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RonG

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@Jason Perry

This will likely be the best remark I will read today: "Is Jack a friend? I am not sure he or I would admit to that in a public forum. He might have better jokes than I do. I think he is a damn sight better than 98% of my competitors. He likes cats."

Me too. I once shipped one back to the U.S. from Germany. She was the family pet and lived to age 16.

Your other comments remind me of when I was in charge of the Travel Pay Section at Ft Sam Houston in 1978. The chief of that section (GS-7) got fed up one day and just walked off without saying anything. Anyway, I was an Army SSG with a strong background in travel entitlements. A GS-5 in the section knew at least as much as me. Occasionally we would get together after work and compare notes about complaints one would receive about the other (either me or Mr. Rodriquez, the GS-5). In 99% of the cases, the person voicing the complaint got the same information that the other SME had offered.

Great post on your part,

Respectfully,
Ron
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
@Jason Perry

This will likely be the best remark I will read today: "Is Jack a friend? I am not sure he or I would admit to that in a public forum. He might have better jokes than I do. I think he is a damn sight better than 98% of my competitors. He likes cats."

Me too. I once shipped one back to the U.S. from Germany. She was the family pet and lived to age 16.

Your other comments remind me of when I was in charge of the Travel Pay Section at Ft Sam Houston in 1978. The chief of that section (GS-7) got fed up one day and just walked off without saying anything. Anyway, I was an Army SSG with a strong background in travel entitlements. A GS-5 in the section knew at least as much as me. Occasionally we would get together after work and compare notes about complaints one would receive about the other (either me or Mr. Rodriquez, the GS-5). In 99% of the cases, the person voicing the complaint got the same information that the other SME had offered.

Great post on your part,

Respectfully,
Ron
There is a lot to potentially unpack in all of this. I abhor the bunch of attorneys who are out there and advertise for DES/PEB cases and rarely if ever, practice in this arena. They are often ignorant about the laws and regulations, charge as if they know something (above what they should, in my opinion), and in many cases, they do more damage than good.

As for your experiences at Ft. Sam....yeah, it's a shame when folks don't understand the issues. Very frustrating when folks don't take into account the input of folks who deal with the issues day to day. (As an aside, I loved living in San Antonio....did not like working there. It was the reverse of my time at Ft. Bragg, where I loved working there, but hated living there....I think some British Rock and Roll stars once sang, "You can't always get what you want."_

I won't hate on cat lovers. Once upon a time, I had a cat. Now, I have a dog. My daughters keep on asking for another pet, and when I point out that Tooty (our middle-aged Schnauzer) is a fine pet, I get a ton of reasons why another pet is in order. We will see what shakes out on that front.
 
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