Navy DMEBR/3rd LIMDU

[rescueswimmer2011]

Hello all,

I am new to site however I would like to get feedback tips from people who have been in my situation. I am an aircrewman currently being directed to a Dictated Medical Board (DMEBR) for a 3rd LIMDU period I was LIMDU for the same issue in 2015-2016 and amounted two different periods of LIMDU and was able to get fit for full duty but three years later I am being directed to a DMEB by my flight surgeon for a third period of LIMDU because he thinks that I will be able to get Fit for duty after this six month period.
If anyone has been in my similar situation should I
1.) Ask to be directed to a PEB?
or
2.) Accept the 3rd LIMDU request and wait to be directed to the PEB after they see that it is not likely that i will become fit for full duty again?

3.) Also I would like to know if anyone has ever had an Selective Reenlistment Bonus recouped after they have been medically seperated?
(I have just recently reenlisted and am trying to plan my finances accordingly if I get directed to a PEB.
If i have other medical conditions that I want to be seen by the PEB do I wait until I see the VA doctor or do i start getting them documented now?

I would appreciate any insight,feedback or experiences similar to mine!

 

[RonG]

SRB Recoupment.

Repayment shall not be sought and any remaining unpaid portion of a pay or benefit due to a member under a written agreement shall be paid at the time of separation or retirement for a disability described under Chapter 61 of title 10, U.S.C., that was incurred in the line of duty in a combat zone designated by the President or the Secretary of Defense or in a combat-related operation designated by the Secretary of Defense, and/or for a combat-related disability, as defined under section 1413a(e) of title 10, U.S.C.. Repayment will be sought and any unpaid balances may not be paid to members who incur a disability as a result of their misconduct. (See 10 U.S.C. §1207.) In all other instances involving a member's separation for medical reasons not falling under Chapter 61 or section 1413a(e), which were not the result of the member's misconduct, the Secretary concerned has the discretion to determine whether to require repayment of the unearned portion of the pay or benefit, or to pay an unpaid balance of a pay or benefit.

Link to rules <—-

Ron

 

[rescueswimmer2011]

SRB Recoupment.

Repayment shall not be sought and any remaining unpaid portion of a pay or benefit due to a member under a written agreement shall be paid at the time of separation or retirement for a disability described under Chapter 61 of title 10, U.S.C., that was incurred in the line of duty in a combat zone designated by the President or the Secretary of Defense or in a combat-related operation designated by the Secretary of Defense, and/or for a combat-related disability, as defined under section 1413a(e) of title 10, U.S.C.. Repayment will be sought and any unpaid balances may not be paid to members who incur a disability as a result of their misconduct. (See 10 U.S.C. §1207.) In all other instances involving a member's separation for medical reasons not falling under Chapter 61 or section 1413a(e), which were not the result of the member's misconduct, the Secretary concerned has the discretion to determine whether to require repayment of the unearned portion of the pay or benefit, or to pay an unpaid balance of a pay or benefit.

Link to rules <—-

Ron

Ron,
thank you so much for the timely feedback. Have you in your experiences ever heard of someone getting theirs recouped if it was "not in a combat zone" and "not as a result of misconduct" so in other words from a service related injury? If so did they have to retain an attorney post-separation?

 

[RonG]

Ron,
thank you so much for the timely feedback. Have you in your experiences ever heard of someone getting theirs recouped if it was "not in a combat zone" and "not as a result of misconduct" so in other words from a service related injury? If so did they have to retain an attorney post-separation?

Not on this board.

However, the scenario you described would clearly cause a recoupment.

I don’t understand your attorney question. If your disabilities were not in the line of duty in a combat zone, an attorney will be of no help. It is cut and dried in my opinion.

Note: I just noticed the Secretary of the Service part of the law. Perhaps that is something you can explore. “In all other instances involving a member's separation for medical reasons not falling under Chapter 61 or section 1413a(e), which were not the result of the member's misconduct, the Secretary concerned has the discretion to determine whether to require repayment of the unearned portion of the pay or benefit, or to pay an unpaid balance of a pay or benefit.” Of note, the “not falling under Chapter 61...”
Ron