I did 10 years on active duty, separated and went to the reserves. I already have a VA rating of 60% for PTSD. I feel like I'm getting black balled by my command. I am have been on active duty orders for the reserves for the past 2 years and 3 months. I have 45 days left until my orders end. I had a packet going to WTU, which would have put me on medical orders, but that didn't happen. I am in the middle of treatment for PTSD and Major Depression and my unit is just wanting to let my orders end. On the medical side of the house I have asked my psychiatrist if he could initiate a MEB but haven't heard anything from him. If the MEB starts I could request to stay on active duty and get medical orders until the MEB has finished. I'm worried because I don't have a civilian job to go back to, I just found out they are letting my order end, and if I would have known a month and a half ago I could have been job searching. Very frustrating! My question: IS THERE ANYTHING I CAN DO TO OR ANYONE THAT WILL ADVOCATE FOR THE SOLDIER TO GET A MEB INITIATED???
Is there any way I can get a MEB initiated?
- Thread starter jwat0924
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The reserves and NG just have more tools to screw you than AD in not granting a MEB, the doc submitting one is a must so if that doesn't happen then your contract will probably expire. The consensus I see on the PEB board is that the ones that do get it (reserves and NG) have to just about do all the leg work.
When did you leave AD and when did you get you 60% rating?
I left Active Duty in 2016 and received my rating in 2017. I couldn’t hold a job because the way I interact with people at work and because during episodes I would miss work.
Talk to the ombudsman at the WTU. He/She should be able to assist you and ensure your legal rights are not violated. Do not let them REFRAD you without a MEB.
This is how the process worked out for me. I was on AD orders (GWOT) and was injured ILOD. My PCM (neurosurgeon) referred me for MEB as no longer meeting retention standards. I went over to the WTU and asked to be assigned to it for the completion of my treatment (was on convalescent leave at the time). The WTU put me on 60 day orders for evaluation and placed me in a holding company. I went to SRP where they retained me on active duty and did a set of orders for 180 days. They kept giving me 180 day orders until my MEB/PEB was finished.
This was not all automatic, there were several times where the command at the WTU would try to terminate my orders and send me back to my reserve unit. I would go to the ombudsman and he would remind them of their legal responsibilities to retain me on active duty until the completion of my MEB.
It is important to understand that for a reservist to be held over on AD, you must volunteer, therefore at any time you want to terminate the orders, you can.
Orders I was assigned were Medical Retention Processing (MRP).
This is how the process worked out for me. I was on AD orders (GWOT) and was injured ILOD. My PCM (neurosurgeon) referred me for MEB as no longer meeting retention standards. I went over to the WTU and asked to be assigned to it for the completion of my treatment (was on convalescent leave at the time). The WTU put me on 60 day orders for evaluation and placed me in a holding company. I went to SRP where they retained me on active duty and did a set of orders for 180 days. They kept giving me 180 day orders until my MEB/PEB was finished.
This was not all automatic, there were several times where the command at the WTU would try to terminate my orders and send me back to my reserve unit. I would go to the ombudsman and he would remind them of their legal responsibilities to retain me on active duty until the completion of my MEB.
It is important to understand that for a reservist to be held over on AD, you must volunteer, therefore at any time you want to terminate the orders, you can.
Orders I was assigned were Medical Retention Processing (MRP).
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Here is the current guidance if you do not have it. https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN17499_AR600_77_FINAL.pdf
Chapter 5-1 discusses the orders for retention of reservists.
Chapter 5-1 discusses the orders for retention of reservists.
This happened to me in a sense, I was AD and injured and LONG story afterwards went into EOS for my reserve and the "NPQ" without a MRR for a LOD NOE and just discharged me when I was recalled. I have every right to a PEB, its the law. However, per regulations you can't initiate any of this. I think DOD needs to fix this when these sorts of ntentional or unintentional administrative issues occur bypassing the BCMR for them just to deny when they ignore the laws and regulations. Should be another component within the Directors office where you show "as in your case" what's going on "prima facie" you have a Dr. advisory right there and you should have been referred for proceedings, you go straight to the PEB. Whole process is a mess. My best advise, gather up all "mistakes of law" so far with your condition(s). They may say your PTSD is unrelated or something, so be ready.