ADSO and MEB

D

davitone

PEB Forum Regular Member
Registered Member
Hi!

I am an active duty IN Captain who Just recently underwent a 3rd knee surgery and my surgical team is recommending I separate due to recurrent issues.

I am currently a graduate student with an ACS scholarship, which I will incur a 5 year adso come May - my recent 2 surgeries were during my time in school due to my first surgery failing.

My question is: if I am separated due to a MEB will I have to pay back my scholarship?

For my schooling I signed DA 1618, which states: “if you voluntarily withdraw or involuntarily (due to misconduct) from service prior to completion of the adso you will have to pay back the scholarship”

However, DA 1618 references AR 621-1, which is more vague and states: “if you voluntarily or involuntarily separate before completion of the adso you will have to pay back the funds”

A but confused - looking for any help!

Thanks!
 
davitone said:
Hi!

I am an active duty IN Captain who Just recently underwent a 3rd knee surgery and my surgical team is recommending I separate due to recurrent issues.

I am currently a graduate student with an ACS scholarship, which I will incur a 5 year adso come May - my recent 2 surgeries were during my time in school due to my first surgery failing.

My question is: if I am separated due to a MEB will I have to pay back my scholarship?

For my schooling I signed DA 1618, which states: “if you voluntarily withdraw or involuntarily (due to misconduct) from service prior to completion of the adso you will have to pay back the scholarship”

However, DA 1618 references AR 621-1, which is more vague and states: “if you voluntarily or involuntarily separate before completion of the adso you will have to pay back the funds”

A but confused - looking for any help!

Thanks!
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I would ask JAG. I highly doubt you would have to pay back the scholarship if medically separated.
 
I am in the same boat after doc discovered an autoimmune disorder. Did you ever get an answer?
 
The language on the DA Form 1618 regarding recoupment controls and expressly provides two bases for incurring a potential monetary obligation for failure to complete your ADSO: (1) voluntary separation; or (2) separation due to misconduct. A medical separation, whether resulting in a disability retirement or a severance payment, is neither a voluntary separation nor a separation due to your misconduct and, consistent with the form language, would not cause you to incur recoupment liability. If you are referred to the IDES, you would have no obligation to seek retention. You would be fine just letting the Army make the call whether your medical conditions fail retention standards and whether they are unfitting, even if you advocated for medical separation during the proceedings. But you're an AD Infantry captain. It should not be an impossible task for you to reach out to an active duty judge advocate to obtain his or her view. Start with legal assistance, but you may end up with the administrative law person.
 
RetiredAtty said:
The language on the DA Form 1618 regarding recoupment controls and expressly provides two bases for incurring a potential monetary obligation for failure to complete your ADSO: (1) voluntary separation; or (2) separation due to misconduct. A medical separation, whether resulting in a disability retirement or a severance payment, is neither a voluntary separation nor a separation due to your misconduct and, consistent with the form language, would not cause you to incur recoupment liability. If you are referred to the IDES, you would have no obligation to seek retention. You would be fine just letting the Army make the call whether your medical conditions fail retention standards and whether they are unfitting, even if you advocated for medical separation during the proceedings. But you're an AD Infantry captain. It should not be an impossible task for you to reach out to an active duty judge advocate to obtain his or her view. Start with legal assistance, but you may end up with the administrative law person.
Click to expand...
Thread is over a year old. Handled it
 
RetiredAtty said:
The language on the DA Form 1618 regarding recoupment controls and expressly provides two bases for incurring a potential monetary obligation for failure to complete your ADSO: (1) voluntary separation; or (2) separation due to misconduct. A medical separation, whether resulting in a disability retirement or a severance payment, is neither a voluntary separation nor a separation due to your misconduct and, consistent with the form language, would not cause you to incur recoupment liability. If you are referred to the IDES, you would have no obligation to seek retention. You would be fine just letting the Army make the call whether your medical conditions fail retention standards and whether they are unfitting, even if you advocated for medical separation during the proceedings. But you're an AD Infantry captain. It should not be an impossible task for you to reach out to an active duty judge advocate to obtain his or her view. Start with legal assistance, but you may end up with the administrative law person.
Click to expand...
Obviously wasn’t an “impossible” task as you have mentioned. Was simply putting the question on the forum designated for these types of questions…… appreciate your candor, though!!
 
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