commanders statement help!

mjeremi7

Registered Member
#22
I think it depends on the situation. I agree wholeheartedly that at a minimum the SM should have input into it. At a maximum you do what I did, write it yourself, and send it to your commander for his signature. When I sent mine I told him in the email that was my input, if he didn’t like it he was more than welcome to change it, obviously, and I wouldn’t be upset. Ended up commander was glad I did it because he had no clue how anything impacted me. And in fact didn’t even realize I’d sent it to him until he called me in because the PEBLO notified him they needed it, and he needed to know how I was impacted. I see my commander maybe once a month, sometimes less. I never work with him. I haven’t seen a company commander on a daily basis since I was in a line unit, which is to say 5 years and 2 units ago. Either way, it’s your future, not his or hers. You should have input into what goes into it.
Well said! Last time I've seen him was December 2017 doing a morale check
 

Deno

PEB Forum Veteran
#24
I received a email today requesting a acceptance for a meeting with the medical supervisor,medical commander and my commander. It’s taken almost 4 weeks. What the hell is going on. Lol
 

Deno

PEB Forum Veteran
#25
After the long wait on my commanders letter. He wrote a stellar impact statement on why he was not retaining me. My statement was, I Concur.
The wait I guess paid off.
 

Padgettra

PEB Forum Veteran
Registered Member
#26
I think it depends on the situation. I agree wholeheartedly that at a minimum the SM should have input into it. At a maximum you do what I did, write it yourself, and send it to your commander for his signature. When I sent mine I told him in the email that was my input, if he didn’t like it he was more than welcome to change it, obviously, and I wouldn’t be upset. Ended up commander was glad I did it because he had no clue how anything impacted me. And in fact didn’t even realize I’d sent it to him until he called me in because the PEBLO notified him they needed it, and he needed to know how I was impacted. I see my commander maybe once a month, sometimes less. I never work with him. I haven’t seen a company commander on a daily basis since I was in a line unit, which is to say 5 years and 2 units ago. Either way, it’s your future, not his or hers. You should have input into what goes into it.
sfletcher1096 I agree with your approach because I did the same. Some of the information has to come from the service member because the Commander just does not know. I wrote it and put "DRAFT" on the document. I had a meeting with the Commander around first week of May 2018. At drill today (9JUN18) we were told that the Commander would be "out of pocket" for the next month and if we needed anything to get on his schedule. He had not processed the document that I had given him via hardcopy and email. Scheduled a meeting with him and discussed it again with the XO in the room. He called the Medical Group and spoke with the servicing Doctor and signed it with no changes. Good staff work will get you far at times. I concurred, signed, and sent it via email to the PEBLO and the Medical Group NCO that is supposed to be complying my medical records to send to PEBLO and VA. This email is a notification to the PEBLO and a reminder to the Medical NCO of the task. So, bottom line at bottom (BLAB), one month wasted in the process yet one step closer to conclusion. Ron P
 

Pavetim

PEB Forum Veteran
Registered Member
#27
i have been scouring the AFI's and anybody notice and know why the commanders impact statement is about performing your AFSC but all the AFI' s refer to if you can perform based on rank, grade, office and title. Cause they may not always be the same. In my case can i perform crew chief duties, no. But I am an E6 and in a ofice position that could require some maintenance but i have never had a problem performing my duties in my office.
 

Padgettra

PEB Forum Veteran
Registered Member
#28
i have been scouring the AFI's and anybody notice and know why the commanders impact statement is about performing your AFSC but all the AFI' s refer to if you can perform based on rank, grade, office and title. Cause they may not always be the same. In my case can i perform crew chief duties, no. But I am an E6 and in a ofice position that could require some maintenance but i have never had a problem performing my duties in my office.
Pavetim, just my personal interpretation of the statement "can perform based on rank, grade, office and title" is probably rooted in the U.S. Code verbiage which is generic. The "office" is not an actual office, yet more the basis of your position and duties. If your Commander desires, then it could be possible to cross train into a position that "could" allow you to perform. Yet, in the grand scheme of the Air Force it may not be practical to cross train a crew chief to say a Personalist or Admin? Yet, if that is what you desire then I would insure that type of statement is in your record. Best of Luck.
 

Pavetim

PEB Forum Veteran
Registered Member
#29
I mean by office i am currently a phase dock coordinator which is basically the same as flight line expeditor but almost always in a hanger and in my office. Yeah sure i can do my job i have been in phase 3.5 years but the DoD purposefully med boards people to save them money. I mean why give 18 or 19 years of your life and your body and here is a check which btw is recouped by them. My opinion is medivally retired should,get more like cdrp but of dod rayes you 75% you shpuld,get that but that will never happen
 

Padgettra

PEB Forum Veteran
Registered Member
#30
I mean by office i am currently a phase dock coordinator which is basically the same as flight line expeditor but almost always in a hanger and in my office. Yeah sure i can do my job i have been in phase 3.5 years but the DoD purposefully med boards people to save them money. I mean why give 18 or 19 years of your life and your body and here is a check which btw is recouped by them. My opinion is medivally retired should,get more like cdrp but of dod rayes you 75% you shpuld,get that but that will never happen
Pavetim, I agree with you. The bureaucratic system does not make sense at times, so the best we can do is work the system with information and knowledge. There are some very good people on this site, not to mention the founder, that can provide assistance and even legal council if required. All (well most) AFSCs have a requirement to deploy, so if that is the case then the medical separation is appropriate and the entitlements are based on individual details as to severance or retirement. Best of luck.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#31
i have been scouring the AFI's and anybody notice and know why the commanders impact statement is about performing your AFSC but all the AFI' s refer to if you can perform based on rank, grade, office and title. Cause they may not always be the same. In my case can i perform crew chief duties, no. But I am an E6 and in a ofice position that could require some maintenance but i have never had a problem performing my duties in my office.
I am sorry to hear of your problems.

The reason that the regulations refer to your AFSC is that this is the standard that your ability to perform your duties are judged against. This is the standard stated in 10 USC Sec. 1201:

(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 [10 USCS § 1401], if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b)."
(Emphasis added).


Pavetim, just my personal interpretation of the statement "can perform based on rank, grade, office and title" is probably rooted in the U.S. Code verbiage which is generic. The "office" is not an actual office, yet more the basis of your position and duties. If your Commander desires, then it could be possible to cross train into a position that "could" allow you to perform. Yet, in the grand scheme of the Air Force it may not be practical to cross train a crew chief to say a Personalist or Admin? Yet, if that is what you desire then I would insure that type of statement is in your record. Best of Luck.
Cross training would not and is not allowed once you are referred into the disability evaluation system. (In order to cross train, you need to meet retention standards, plus any additional service requirements for doing so; this is more flexible in the reserve components, but, overall, if this is the "defense," it should be undertaken well before you are formally identified as not meeting retention standards).

Moreover, the military cannot move you from job to job to find a place where you would be fit. Once you fail to meet retention standards (in the Air Force, these are the standards spelled out in the Medical Standards Directory), you must be processed for an MEB and PEB.

There is long-standing case law that spells this out:

"This means that an officer must be able to perform any assigned duty which the normal, healthy officer can perform, although he need not be able to perform under extraordinary conditions. See, Harris v. United States, 177 Ct. Cl. 538 (1966). "The Naval standards * * * require * * * that he [Naval officer] be physically capable of performing those [duties] which he would normally be called upon to perform in such manner 'as to reasonably fulfill the purposes of his employment'". Id. at 552. In other words, the Navy cannot shift an officer from assignment to assignment until a job is located that is not affected by the officer's physical disability."

Beckham v. United States, 183 Ct. Cl. 628, 637, 392 F.2d 619, 623 (1968) (Emphasis added).

(This entire case can be found in the Resources section of this site. Here is a link: http://www.pebforum.com/resources/beckham-v-united-states.97/ )

If you are thinking to fight for fitness, I would consider all of your options very carefully. I don't know if you have a good case for a return to duty finding or not. Also, given your years of service, you may want to carefully consider taking as much time as possible throughout the process and retain qualified counsel. The differences in outcomes could be huge.

I mean by office i am currently a phase dock coordinator which is basically the same as flight line expeditor but almost always in a hanger and in my office. Yeah sure i can do my job i have been in phase 3.5 years but the DoD purposefully med boards people to save them money. I mean why give 18 or 19 years of your life and your body and here is a check which btw is recouped by them. My opinion is medivally retired should,get more like cdrp but of dod rayes you 75% you shpuld,get that but that will never happen
I understand your concerns and the issues. There may be issues in your case, such as the Presumption of Fitness Rules that may apply. In any event, being upset or disagreeing with the process will not help your to reach your goals.

Sounds to me like you should consider seeking qualified legal counsel. I hope all goes well for you and I wish you the best of luck in getting all your have earned in the way of compensation and benefits.
 

Padgettra

PEB Forum Veteran
Registered Member
#32
I am sorry to hear of your problems.

The reason that the regulations refer to your AFSC is that this is the standard that your ability to perform your duties are judged against. This is the standard stated in 10 USC Sec. 1201:

(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 [10 USCS § 1401], if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b)."
(Emphasis added).




Cross training would not and is not allowed once you are referred into the disability evaluation system. (In order to cross train, you need to meet retention standards, plus any additional service requirements for doing so; this is more flexible in the reserve components, but, overall, if this is the "defense," it should be undertaken well before you are formally identified as not meeting retention standards).

Moreover, the military cannot move you from job to job to find a place where you would be fit. Once you fail to meet retention standards (in the Air Force, these are the standards spelled out in the Medical Standards Directory), you must be processed for an MEB and PEB.

There is long-standing case law that spells this out:

"This means that an officer must be able to perform any assigned duty which the normal, healthy officer can perform, although he need not be able to perform under extraordinary conditions. See, Harris v. United States, 177 Ct. Cl. 538 (1966). "The Naval standards * * * require * * * that he [Naval officer] be physically capable of performing those [duties] which he would normally be called upon to perform in such manner 'as to reasonably fulfill the purposes of his employment'". Id. at 552. In other words, the Navy cannot shift an officer from assignment to assignment until a job is located that is not affected by the officer's physical disability."

Beckham v. United States, 183 Ct. Cl. 628, 637, 392 F.2d 619, 623 (1968) (Emphasis added).

(This entire case can be found in the Resources section of this site. Here is a link: http://www.pebforum.com/resources/beckham-v-united-states.97/ )

If you are thinking to fight for fitness, I would consider all of your options very carefully. I don't know if you have a good case for a return to duty finding or not. Also, given your years of service, you may want to carefully consider taking as much time as possible throughout the process and retain qualified counsel. The differences in outcomes could be huge.


I understand your concerns and the issues. There may be issues in your case, such as the Presumption of Fitness Rules that may apply. In any event, being upset or disagreeing with the process will not help your to reach your goals.

Sounds to me like you should consider seeking qualified legal counsel. I hope all goes well for you and I wish you the best of luck in getting all your have earned in the way of compensation and benefits.
Mr. Perry, Thank you for the clarification and focused information in regards to cross training and the retention standards, for it will help many to know the information as they navigate the process. It was mentioned by my command as we started the process, so that is really good information to have available and reinforces the notion of council during the process. Ron P.
 
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