ANG member who is DSG and trying to get some guidance because my unit has not been very forthcoming. What are my rights, how can I protect myself, can I access the documentation used to request a medboard, what can I expect, and what is the proper procedure for something like this, etc.?
I am nearly done with my initial contract (required 6 year enlistment for ANG). I was in the process of being put on orders for an upcoming mission and wing medical cleared me to go, however, when they contacted my unit to let them know I was medically cleared, my unit immediately requested a "commander directed medboard." The most I was told was that because I had been on profiles/waivers, the commander wanted to audit my medical history to confirm that the profiles/waiver were justified, with the additional implication that I could not perform the mission. I have been doing my job, including being on TDY, temporary/MPA orders, etc., and have been able to perform my job with no issue, complaints from co-workers or supervisors, and no modifications and while on profile/waiver. Nobody in medical thought the situation was med board worthy, but clearly, my unit disagrees.
I am concerned that this is being done because I was put up for promotion two days prior to being notified of the med board and because I voiced concerns with how some things have been handled regarding our junior enlisted members. Yes, I have had injuries during my contract. Yet I always have been willing to do my job to the best of my ability, volunteer both within the unit and in the community, help others with their own concerns when possible, do more than is required, stay late, etc. I had no history of behavioral/administrative concerns, no complaints (but have won some awards and commendations), and try to stay on top of everything.
Unfortunately, I have history of two long-lasting injuries during my time in the military. 4 years ago I was injured during training and required extensive surgery, recovery, and rehabilitation, meaning I was on a profile for nearly a year, meaning two fully exempt PT tests. This injury is completely unrelated to my current injury. My next PT test was command exempted (not by my choice and not due to medical) about a year later due to a family emergency taking me out of state for a period of time. I had been trying for months before that (and after) to take a PT test during drill week, but was told no because I was not due. I then transferred units to be closer to family, but also took 6 months of leave to immediately after transferring, and the new unit was not really tracking or in-processing me during that time. In Fall 2019, as I was getting closer to my leave ending, I began practicing for my PT test so I could test ASAP. I injured myself during this time (but still was on leave/not on duty). Since then, I have received mostly ineffective or often inadequate care (military-side when on orders) to rehabilitate the injury. As such, I had to take two exempted PT tests (yes, during the pandemic and yes, command required) in order to promote. I have civilian and military documentation that this has been an ongoing injury. I finally have found a specialize physical therapist that is addressing the issues, not relying on a medication only approach, and is helping me build a safe, logical plan of rehabilitation and exercise that focuses on all testable components of the PT test (to avoid future injury). Still, every doctor has advised me this is going to take about half a year to fix. I am only 1.5 months in. To be clear, I have not been on profiles for my whole career, just about a year in 2017 and 2020 to now. The only problem I have is with one portion of the PT test.
I am in the process of collecting all my civilian medical records, as well as getting updated progress notes to submit. I was told a determination will be made at the end of this month during the med board review at Wing medical.
What are my options? Rights? How can I protect myself? How can I request to see the documents submitted by the unit for the med board? Will I lose benefits if they separate me or have to pay them back (enlistment bonuses, TA)? Do I have any recourse?
Thank you!
I am nearly done with my initial contract (required 6 year enlistment for ANG). I was in the process of being put on orders for an upcoming mission and wing medical cleared me to go, however, when they contacted my unit to let them know I was medically cleared, my unit immediately requested a "commander directed medboard." The most I was told was that because I had been on profiles/waivers, the commander wanted to audit my medical history to confirm that the profiles/waiver were justified, with the additional implication that I could not perform the mission. I have been doing my job, including being on TDY, temporary/MPA orders, etc., and have been able to perform my job with no issue, complaints from co-workers or supervisors, and no modifications and while on profile/waiver. Nobody in medical thought the situation was med board worthy, but clearly, my unit disagrees.
I am concerned that this is being done because I was put up for promotion two days prior to being notified of the med board and because I voiced concerns with how some things have been handled regarding our junior enlisted members. Yes, I have had injuries during my contract. Yet I always have been willing to do my job to the best of my ability, volunteer both within the unit and in the community, help others with their own concerns when possible, do more than is required, stay late, etc. I had no history of behavioral/administrative concerns, no complaints (but have won some awards and commendations), and try to stay on top of everything.
Unfortunately, I have history of two long-lasting injuries during my time in the military. 4 years ago I was injured during training and required extensive surgery, recovery, and rehabilitation, meaning I was on a profile for nearly a year, meaning two fully exempt PT tests. This injury is completely unrelated to my current injury. My next PT test was command exempted (not by my choice and not due to medical) about a year later due to a family emergency taking me out of state for a period of time. I had been trying for months before that (and after) to take a PT test during drill week, but was told no because I was not due. I then transferred units to be closer to family, but also took 6 months of leave to immediately after transferring, and the new unit was not really tracking or in-processing me during that time. In Fall 2019, as I was getting closer to my leave ending, I began practicing for my PT test so I could test ASAP. I injured myself during this time (but still was on leave/not on duty). Since then, I have received mostly ineffective or often inadequate care (military-side when on orders) to rehabilitate the injury. As such, I had to take two exempted PT tests (yes, during the pandemic and yes, command required) in order to promote. I have civilian and military documentation that this has been an ongoing injury. I finally have found a specialize physical therapist that is addressing the issues, not relying on a medication only approach, and is helping me build a safe, logical plan of rehabilitation and exercise that focuses on all testable components of the PT test (to avoid future injury). Still, every doctor has advised me this is going to take about half a year to fix. I am only 1.5 months in. To be clear, I have not been on profiles for my whole career, just about a year in 2017 and 2020 to now. The only problem I have is with one portion of the PT test.
I am in the process of collecting all my civilian medical records, as well as getting updated progress notes to submit. I was told a determination will be made at the end of this month during the med board review at Wing medical.
What are my options? Rights? How can I protect myself? How can I request to see the documents submitted by the unit for the med board? Will I lose benefits if they separate me or have to pay them back (enlistment bonuses, TA)? Do I have any recourse?
Thank you!
