“Lethality” Memo

I

IMUA

PEB Forum Regular Member
Registered Member
Has anyone entered the IDES/MEB process in the past year/year and half are is getting the overwhelming notion that you are being hosed?

What i know is my Timeline from IRILO to SECAF appeal disposition took 13 months. My PEBLO initially explained a backlog of the MEB process of 18 months. My MEB started and concluded 25% quicker than proposed.

My SAF decision memo was one page that did not address any of my rebuttal items which my legal team contends is in violation of a DoDI. The legal team for MEB clients has noticed incomplete memos from the SAF as of late which is different than how it used to be. Before the “lethality” memo 6-10 page SECAF write-ups were standard...

Not to mention my medical “team” was useless after my PCM sealed my fate initially and annotated i’m UNFIT. They basically wrote the SECAF decision in all my initial paperwork (NARSUM, CC impact Statement, 469) AND then made their “facts” corrobarate the predetermined end. I never got any of the referrals i specificaly asked for. The one my PCM put in for an internal medicine specialist was never communicated to me. Which is ironic cause that specialist sided with my PCM and i found out only after getting a printed copy of my medical record that i sifted through. It took me 6 months and begging of patient advocates to schedule second opinons from other specialties of which were ignored by my PCM team. It was only after my new CC queried my PCM team they looked at specialty appoints and findings in my record and changed my 469 but by then the SAF was already working my case.

I interjected contradictory medical and Leadership data points into my SECAF appeal that i suspect were not looked at. SAF team got my injects on friday in the afternoon and signed the SAF Disposition Memo on the following monday morning. They maintained i am UNFIT and separate in November against my desires to remain in.

Bottom line: if you suspect funny business is going on send me a DM. There’s a cause and effect going on here that can be identified that is ultimately hosing people in the worst manning crisis to date...
 
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I for one commend your desire to stay in.

I'm in the same situation that you are as far as being at the SecAF appeal level. I'm hoping, but not anticipating being found fit. As long as I make it 10 more months, I'll take whatever, as I'll be at 20 yrs
 
Hell, I wish I had the problem of mine concluding quickly. My started on 3 Jan 2018, and I'm still waiting on the IPEB decision along with my VA rating. I'm past 20 years and cant retire till my MEB concludes.
 
@IMUA Hope you have legal representation. It sounds like your case is far from straight forward. Best wishes. Mike
 
chaplaincharlie said:
@IMUA Hope you have legal representation. It sounds like your case is far from straight forward. Best wishes. MikeQUOTE]
Click to expand...

I got OAC representation after my IPEB appeal. They were undermanned and overworked and for ADCs seemed to lack any authority to get things done for PEB clients...i did all the legwork and funneled it through my OAC which is standard. My OAC didn’t do anything wrong/sketchy unlike the medical team but IMO they could have done more...
 
It sounds like your are underwhelmed by the OAC. Have you considered outside counsel?
 
chaplaincharlie said:
It sounds like your are underwhelmed by the OAC. Have you considered outside counsel?
Click to expand...

I have but never went that far. It’s for not at this point. SECAF decided on my case. I’m out the door end of Nov.

I do plan on outside counsel to reattack the AFBCMR.
 
Hope you find an attorney that meets your needs soon. www.peblawyer.com is an option.
 
Every situation is different I'm sure, but my MEB never made it past the SG. I was given a RTD and coded non-deployable indefinetly. I figured with the SACAF memo they would probably be directed to send me packin' but it didn't happen. There is DODI guidance that's pretty recent that seems to walk back from the "deployable or out" mentality and reverts back to the "best interest of ...." guidance they were using before. I wrote 90% of my CC's MUQ statement but I am not sure how exactly he answered the other opinionated questions that I left open. Did it make a difference? Not sure. It took 12 months before I even heard back at that level though so who knows what was going on during all that time.

Also hard knowing if everyone is on the same page too though between the SG, SECAF, etc.
 
4.2. RETENTION DETERMINATION. a. The Secretaries of the Military Departments may retain Service members who are nondeployable in excess of 12 consecutive months, on a case-by-case basis, if determined to be in the best interest of the Service, based on: (1) The Service member’s ability to perform appropriate military duties commensurate with his or her office, grade, rank, or skill. (2) The likelihood that the Service member will resolve the condition or reason that is the underlying cause of his or her non-deployable status. b. The Secretaries of the Military Departments may approve retention for Service members who are non-deployable in excess of 12 consecutive months for up to: (1) The length of time remaining on a Service member’s enlistment contract; or (2) Three years for officers, including warrant officers, and those enlisted members serving on indefinite contracts. (3) Upon expiration of the retention period, the Secretary of the Military Department concerned may renew retention for a Service member on a case-by-case basis for periods stated in this paragraph. c. The Secretaries of the Military Departments may establish procedures for Service members who are or will be non-deployable for 12 months or longer due to an administrative reason to request retention consideration. d. Approval of the retention for Service members who are non-deployable for 12 months or longer will only be made for individual Service members, not an entire cohort or skill set of Service members. e. Except as required by DoDI 1332.18, the Secretaries of the Military Departments may request from the Secretary of Defense the authority to automatically exempt Service members serving in specified positions from the requirement for a retention determinations pursuant to Paragraph 2.4.b. f. When appropriate, Service members not recommended for further retention will be considered for processing for administrative separation in accordance with DoDI 1332.14 or DoDI 1332.30, or referral for disability separation in accordance with DoDI 1332.18.
 
@golfrnut thanks. I read through the DODi the other night. In my case it’s still virtually impossible as the SECAF already decided on my MEB case...albeit an incomplete case...
 
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