A request for insight

swowannabe

PEB Forum Regular Member
First and foremost this is not for myself but rather for a junior sailor whom is currently on LIMDU for hemophilia and unspecified mental health issues.

He's done 12+ years of active duty and only recently has the hemophilia come to light. He has a very unique and baffling case where the normal indicators of hemophilia are not present in blood tests, hence how he was able to enlist in the Navy and why he's never known that he's had hemophilia before. When he required surgery a few months back, the surgeons were surprised and baffled why his blood wouldn't clot. Well, lo and behold the story unfolds.

What concerns me right now is he's getting jerked around in the system. Namely, the doctor that originally diagnosed the hemophilia decided to put him as fit for duty despite the obviously unfitting condition. As a result, there is no way he can ever get his flight status back. His EAOS is in December and it sounds like they're trying to have him 'get by' until then when they can refuse his requests to re-enlist (not that he'd want to at this point anyways) and get him out without any sort of medical disability benefits.

I've already recommended he go talk to JAG. My question to you all is, what else can I recommend to this sailor to do to ensure he doesn't get screwed? I'll admit my knowledge of all things MEB/PEB is very limited, but I do recall reading something about pre-existing conditions being a non-issue after 8+ years of active duty. That is to say after 8 years, anything that may have existed prior to your military service would be covered as service-aggrivated.

Any assistance would be greatly appreciated.

-A SWO Wannabe
 
Yes, if on active duty and with 8+ years, EPTS becomes moot. However, big problem with the doctor not referring him to a MEB. He needs to be referred to a MEB and a command or IG intervention seems in order. Keep in touch on this as I am advocating hard on the fit but unsuitable issue and this seems like a great example to show DoD, Congress and the press.

Mike
 
Alright, thanks Mike. I know the sailor was getting a lot of flak at his command because his LIMDU and loss of flight status essentially makes him worthless to the command and they are letting him know it. It was suggested he file a CMEO complaint, but the IG also seems like a good plan. There's still time for any doctor (he's got a lot of them) to initiate a MEB/PEB, and I would suspect if/when that happens a lot of these issues will get resolved.

I'll be sure to keep you posted as best I can.

-A SWO Wannabe
 
Thanks. Despite the law change, the fit but unsuitable issues is still alive. The Navy simply does not refer them into the DES thus avoiding the fit finding or they find them fit and deny reenlistment. Please do keep me posted.

Mike
 
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