Hoping somebody can help me out here.
So while participating in the Career Intermission Program, I developed Psoriasis and Psoriatic Arthritis. Weekly Humira injections didn't cut it, and now I'm on Taltz. I reached out to HQMC letting them know, and trying to initiate the process as early as possible, and I've had several rounds of phonecalls (nothing written) stating that if I'm found medically unfit in my Return to Active Duty (RAD) physical, that I'll essentially be administratively separated. No PEB, no medical severance, and no medical retirement.
According to my reading of the applicable orders and regs, that is incorrect.
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The FY13 NDAA amended the authority for disability processing, allowing CIP participants who are injured or become ill to be processed as if they were active duty. See here and here (pg 93).
Per DODI 1327.07, "a Service member, while participating in CIP, will be treated as a member of a Military Service on active duty for a period of more than 30 days for purposes of...Retirement or separation for physical disability under the provisions of Chapter 55 and Chapter 61 of Title 10, U.S.C." See here.
Per Title 10, Chapter 61, Subsection 1201 (seen here),
"§1201. Regulars and members on active duty for more than 30 days: retirement
(a) Retirement.—Upon a determination by the Secretary concerned that a member described in subsection (c) is unfit to perform the duties of the member's office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in subsection (c)(3), the Secretary may retire the member, with retired pay computed under section 1401 of this title"
Per SECNAV M-1850.01, the process through which the determination is made concerning the permanence and rating of a servicemember's disabilities is the Integrated Disability Evaluation System.
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Am I missing something? I know I'm in the realm of narrow legal interpretations, but I'm having a hard time believing this to be the best first answer, to screw over a Marine with 14 YOS.
Do I have any recourse here? One of the folks I spoke to on the phone mentioned that their Branch Head was aware.
I've already went through the claims process with the VA and have all of my disabilities service-connected (determination date June 2025).
Thanks in advance for any and all assistance.
So while participating in the Career Intermission Program, I developed Psoriasis and Psoriatic Arthritis. Weekly Humira injections didn't cut it, and now I'm on Taltz. I reached out to HQMC letting them know, and trying to initiate the process as early as possible, and I've had several rounds of phonecalls (nothing written) stating that if I'm found medically unfit in my Return to Active Duty (RAD) physical, that I'll essentially be administratively separated. No PEB, no medical severance, and no medical retirement.
According to my reading of the applicable orders and regs, that is incorrect.
***********************
The FY13 NDAA amended the authority for disability processing, allowing CIP participants who are injured or become ill to be processed as if they were active duty. See here and here (pg 93).
Per DODI 1327.07, "a Service member, while participating in CIP, will be treated as a member of a Military Service on active duty for a period of more than 30 days for purposes of...Retirement or separation for physical disability under the provisions of Chapter 55 and Chapter 61 of Title 10, U.S.C." See here.
Per Title 10, Chapter 61, Subsection 1201 (seen here),
"§1201. Regulars and members on active duty for more than 30 days: retirement
(a) Retirement.—Upon a determination by the Secretary concerned that a member described in subsection (c) is unfit to perform the duties of the member's office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in subsection (c)(3), the Secretary may retire the member, with retired pay computed under section 1401 of this title"
Per SECNAV M-1850.01, the process through which the determination is made concerning the permanence and rating of a servicemember's disabilities is the Integrated Disability Evaluation System.
************************
Am I missing something? I know I'm in the realm of narrow legal interpretations, but I'm having a hard time believing this to be the best first answer, to screw over a Marine with 14 YOS.
Do I have any recourse here? One of the folks I spoke to on the phone mentioned that their Branch Head was aware.
I've already went through the claims process with the VA and have all of my disabilities service-connected (determination date June 2025).
Thanks in advance for any and all assistance.
