IDES and EAOS

theoot

PEB Forum Regular Member
PEB Forum Veteran
So my situation is I have 17 years 4 months. I am an E7 and my EAOS is in July. I was finally given a diagnosis of MS a week ago and started the IDES process that day. I am pushing as best I can, but I don't see any way I can have a PEB submitted to Washington by my EAOS. Based on a recent message that Pers 836 sent, it states that I will be seperated regardless of where I am unless I have a PEB accepted for review by DC. Do I have any recourse here or am I screwed?
 
theoot,

Most of us out here are PDES legacy people. The IDES is new to most of us except Jason, Ma Parker etc.

I'm in the process of down loading everything I can find on the IDES and studying it because it looks like a lot of my friends will be going through the IDES within a year.

We are now going to have a download section dedicated to the IDES on this forum, look for information there. Hang in there, as the IDES grows answers will start coming.
 
Not true. The message is for those that have failed to select for PTS. You are not getting separated. What part of the country are you in? I can put you in touch with a Navy JAG to assist you.
 
I have actually talked to the YNC at PERS 836, and he stated the PTS thing is just a formality, and the MILPERS article 1306-1200 states that LIMDU will not interfere with mandatory seperation. They are interpreting that to mean unless you have a PEB accepted for processing by DC at your EAOS, you are out. I am in the Jacksonville area, and am actually assisting the LIMDU coordinator. I have read everything I can find, and of course every article is just vauge enough to allow them to do this. I'm pushing the process, but I don't see a way I can get it done in time.
 
You do not need the PEB done before your EAOS. EAOS is not mandatory separation. Please call this JAG for assistance:

LCDR Chris Perone
(904) 542-2565 ext. 3201
 
So after contacting LCDR Chris Perone (thanks for the contact info), I was informed once the VA has assigned a case number this is suffecient to extend a sailor until a disposition is decided. I believe this also applies for sailors who fall under the PTS system as well.
 
I sent an Email to Secretary Campbell (Deputy Assistant Secretary of Defense) on the Navy separation message. I told him the standard is that if DES processing is required, then the member must stay until completion of on the DES processing. Anything less cheats wounded warriors out of DoD disability compensation. For example, if your MEB comes back broken, not covering all issues to the required detail, you might not be able to appeal becuase if you do, you hit your EAOS and be separated w/o proper DoD disability compensation.

Mr. Campbell replied his staff is engaging the Navy on this issue and would get back soon. I'll post what I hear.

Mike
 
Well have not heard anything as far as the Deputy getting involved, but the current guidance is this, "If the member hits their EAOS, and does not have Perform to Serve approval, they are to be seperated at their EAOS, unless they have a PEB package accepted by DC, not just subbmitted to. This is to be considered a Mandatory Seperation and will be conducted IAW MILPERSMAN 1306-1202 PARA 5.C." The clarification is even sailors who do not fall under the PTS program are subject to this message, i.e. sailors E7 or greater or over 14 years, who will never have PTS approval because there is no process for PTS approval for them. I have even brought up the fact that the MILPERSMAN article they are using is based on retirement or an adverse mandatory discharge (i.e OTH). Essentially they are using this as a downsizing tool. I have shown them multiple MANMED articles they are violating doing this, but I am not getting any traction. Now while I feel I may be able to make a deal with the devil to save myself, I feel the direction itself is wrong and unjust. It pains me to no end that we are throwing the baby out with the bath water, due to some individuals abusing the system.
 
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