Anyone familiar with “Leave awaiting orders as a result of disability proceedings”?

ASWM7694

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Hey, so in AR 600-8-10, under Chargeable and Non-Chargeable Leave, there is a paragraph for Leave awaiting orders as a result of disability proceedings. Just to make sure I’m reading it correctly, this leave would be authorized to begin after receiving the unfit memo and wouldn’t have to wait for ratings? Thanks to anyone who can clarify for me.

a. Soldiers awaiting results of disability separation proceedings (see AR 635–40) may request to be ordered home on PCS leave only if the Soldier’s case meets these criteria—

(1) The informal or formal Physical Evaluation Board (PEB) determined the Soldier unfit, and the PEB adjudica- tion was not conditional pending review of a line of duty determination.

(2) The Soldier concurred with the PEB determinations, is not requesting reconsideration of VA ratings, and is not requesting continuation on active duty or in active Reserve status.

(3) The Soldier’s case does not require a review or action above the U.S. Army Physical Disability Agency (HQUSAPDA).

b. PCS leave is charged to the extent maximum leave is accrued. Any authorized absence in excess of accrued leave is not chargeable as leave, and the Soldier remains entitled to pay and allowances.
 
Hey, so in AR 600-8-10, under Chargeable and Non-Chargeable Leave, there is a paragraph for Leave awaiting orders as a result of disability proceedings. Just to make sure I’m reading it correctly, this leave would be authorized to begin after receiving the unfit memo and wouldn’t have to wait for ratings? Thanks to anyone who can clarify for me.

a. Soldiers awaiting results of disability separation proceedings (see AR 635–40) may request to be ordered home on PCS leave only if the Soldier’s case meets these criteria—

(1) The informal or formal Physical Evaluation Board (PEB) determined the Soldier unfit, and the PEB adjudica- tion was not conditional pending review of a line of duty determination.

(2) The Soldier concurred with the PEB determinations, is not requesting reconsideration of VA ratings, and is not requesting continuation on active duty or in active Reserve status.

(3) The Soldier’s case does not require a review or action above the U.S. Army Physical Disability Agency (HQUSAPDA).

b. PCS leave is charged to the extent maximum leave is accrued. Any authorized absence in excess of accrued leave is not chargeable as leave, and the Soldier remains entitled to pay and allowances.
That's correct once you have unfit memo you can request this even before ratings come in but know you leave a lot of options to get things corrected off the table when you do this. Subject to approval from Commander or higher depending on what they say. See full section below because you still could be called back and you need to give weekly updates to unit until you are medically retired or seperated:

Chargeable and Non-Chargeable Leave Combinations
6–1. Leave awaiting orders as a result of disability proceedings
a. Soldiers awaiting results of disability separation proceedings (see AR 635–40) may request to be ordered home on PCS leave only if the Soldier’s case meets these criteria—
(1) The informal or formal Physical Evaluation Board (PEB) determined the Soldier unfit, and the PEB adjudica-tion was not conditional pending review of a line of duty determination.
(2) The Soldier concurred with the PEB determinations, is not requesting reconsideration of VA ratings, and is not requesting continuation on active duty or in active Reserve status.
(3) The Soldier’s case does not require a review or action above the U.S. Army Physical Disability Agency (HQUSAPDA).
b. PCS leave is charged to the extent maximum leave is accrued. Any authorized absence in excess of accrued leave is not chargeable as leave, and the Soldier remains entitled to pay and allowances.
c. The unit commander is the approval authority, but approval may be restricted to higher-level commanders.
d. The process to request leave awaiting orders as a result of disability proceedings—
(1) The Soldier uses DA Form 31, completing block 2 through 11 (in block 7 checking “combinations” and then “Awaiting orders as result of disability proceedings”).
(2) In block 17, note “PCS home.”
(3) The unit must—
(a) Coordinate with the Soldier’s Physical Evaluation Board liaison officer (PEBLO) to confirm the Soldier meets criteria of subparagraph 6–1a above, and to confirm the PEBLO has the Soldier’s PCS contact information.
(b) Verify with the supporting MTF that the Soldier has no pending medical appointments or medical issues re-quiring his or her presence in the vicinity of the duty location.
AR 600–8–10 • 3 June 2020 38
(c) Obtain Soldier’s signature on a counseling statement advising that, “PEB findings are subject to review by HQUSAPDA and are not final until approved by HQUSAPDA. A review may require the Soldier to return to the MTF for additional medical examinations or to undergo a reconvened or directed formal hearing. The Soldier must remain available for contact by the unit and the PEBLO until the effective date of disability retirement or separation.” Forward a copy of the signed and dated counseling statement to the PEBLO.
(d) Forward the action to the commander for approval/disapproval.
(e) Follow leave processing procedures in paragraph 4–3 and guidance in paragraph 6–1d.
(f) If the leave request is approved, contact the Soldier on at least a weekly basis and notify the commander of the Soldier’s status until the Soldier is separated or retired from the Army.
 
I would recommend you put in an expedited memo once you get a job offer and your case would move faster that way you won’t have to go to all that trouble.
 
I would recommend you put in an expedited memo once you get a job offer and your case would move faster that way you won’t have to go to all that trouble.
I’m going to be a student so that won’t apply, unfortunately. I think I’m just gonna wait it out so I don’t lose out on the option to contest any issues with my ratings.
 
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