Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need help!!

This was what was submitted to the PEB as my NMA. It is full of lies, can a command actually do this with out consulting the S/M? Please help anyone please. I ghost wrote the top portion because i was told to. The bottom portion was added after i was yelled at by 2 O-5's that basically stated i was trying to pull a fast one and get out of the Navy which wasnt true at all.

***Petty Officer Doe has been one of my top first class petty officers. Since his assignment to the Watch in June of 2007, he has been able to complete all the mission requirements of the watch. He has produced and presented over 1,000 daily intelligence briefings to senior level staff at Watch and global partners. He has also written over 200 Daily Update articles, which are a part of Watch daily product that is disseminated to afloat, ashore units and to other intelligence community partners. He was hand chosen to move up to assist the Counterterrorism team and continues to be an asset by producing quality intelligence products on a daily basis.

Although in a Limited Duty (LIMDU) status he continues to perform well. He also continues to mentor junior sailors assisting them with advancement and in rate training. His routine medical appointments occasionally take him out of the building but do not hinder his productivity, nor affect the grade of work that he produces for my Counterterrorism team. He is a skilled member of my team at work. If discharged his contributions would be missed. His inability to complete the required PFA and meet body fat standards make him unfit for full duty, but he continues to do his job and keep a mission-first attitude.**** (Ghost written for CO by me and still in the NMA)***

Everything below was added by XO with out even asking me anything.

It is puzzling to hear of the extensive limitations to John Doe physical activities. He recently received a Military Outstanding Volunteer Award for his service with the Volunteer Fire and Rescue Squad. Over the past three years ***(August 2007-October 2009 is not 3 years, and while on LIMDU was a driver, was told by PEBLO at the time that it was ok to continue driving while on LIMDU) he has devoted over 1400 hours of his free time as a firefighter ( 1st year and part of 6 months), EMT (6 months after firefighting) and emergency vehicle operator (Last 6 months of award time frame). He has responded to a number of emergency calls and put himself in potentially hazardous situations in order to help others. Coincidentally, during this same period of time he was deemed physically unable to complete the Navy PFA. We are at a loss to explain the dichotomy between being unable to physically perform for the Navy, yet be a fully functional (and award winning) firefighter and EMT during his off time. We now look to the medical professionals for a possible explanation.

It is my opinion that John Doe is not as physically incapable as the medical evaluation limitations would suggest. His actions in attempting to self-start the NMA process and his pre-emptive attendance of the Disabled Transition Assistance program ***(Was handed forms by medical before the message came out and told to get it done, Signed up for DTAP because that is what the message tells you to do)**** suggest a keen interest in his early release from Active Duty. John Doe has three years left on his enlistment and it is my desire to see him fully fulfill his sworn obligation and discharge the duty to which he agreed.
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

This was what was submitted to the PEB as my NMA. It is full of lies, can a command actually do this with out consulting the S/M? Please help anyone please. I ghost wrote the top portion because i was told to. The bottom portion was added after i was yelled at by 2 O-5's that basically stated i was trying to pull a fast one and get out of the Navy which wasnt true at all.

***Petty Officer Doe has been one of my top first class petty officers. Since his assignment to the Watch in June of 2007, he has been able to complete all the mission requirements of the watch. He has produced and presented over 1,000 daily intelligence briefings to senior level staff at Watch and global partners. He has also written over 200 Daily Update articles, which are a part of Watch daily product that is disseminated to afloat, ashore units and to other intelligence community partners. He was hand chosen to move up to assist the Counterterrorism team and continues to be an asset by producing quality intelligence products on a daily basis.

Although in a Limited Duty (LIMDU) status he continues to perform well. He also continues to mentor junior sailors assisting them with advancement and in rate training. His routine medical appointments occasionally take him out of the building but do not hinder his productivity, nor affect the grade of work that he produces for my Counterterrorism team. He is a skilled member of my team at work. If discharged his contributions would be missed. His inability to complete the required PFA and meet body fat standards make him unfit for full duty, but he continues to do his job and keep a mission-first attitude.**** (Ghost written for CO by me and still in the NMA)***

Everything below was added by XO with out even asking me anything.

It is puzzling to hear of the extensive limitations to John Doe physical activities. He recently received a Military Outstanding Volunteer Award for his service with the Volunteer Fire and Rescue Squad. Over the past three years ***(August 2007-October 2009 is not 3 years, and while on LIMDU was a driver, was told by PEBLO at the time that it was ok to continue driving while on LIMDU) he has devoted over 1400 hours of his free time as a firefighter ( 1st year and part of 6 months), EMT (6 months after firefighting) and emergency vehicle operator (Last 6 months of award time frame). He has responded to a number of emergency calls and put himself in potentially hazardous situations in order to help others. Coincidentally, during this same period of time he was deemed physically unable to complete the Navy PFA. We are at a loss to explain the dichotomy between being unable to physically perform for the Navy, yet be a fully functional (and award winning) firefighter and EMT during his off time. We now look to the medical professionals for a possible explanation.

It is my opinion that John Doe is not as physically incapable as the medical evaluation limitations would suggest. His actions in attempting to self-start the NMA process and his pre-emptive attendance of the Disabled Transition Assistance program ***(Was handed forms by medical before the message came out and told to get it done, Signed up for DTAP because that is what the message tells you to do)**** suggest a keen interest in his early release from Active Duty. John Doe has three years left on his enlistment and it is my desire to see him fully fulfill his sworn obligation and discharge the duty to which he agreed.

Your command has the right to say what they feel it is the military after all but, if you can prove that you have not participated in the activities they are suggesting that you have done then I personally would contact your Med Grp with this information and with proof that they have lied and have them personnaly speak to your OIC to find out why they feel you are just trying to get out of the Navy early. It makes no sense why they would make these statement's if it's not true.
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

I hear what you are saying the chief of the Fire Dept even told them what i do in an e-mail. He just regurgitated the award. Also i told them that medical gave me the forms how else would i know about the Non medical Assessment, or the appointments, or the DTAP. It just boggles my mind that they assumed even though i told my chief what was going on, so much for communication up and down the chain of command.
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

I know it must seem like a slap in the face but all you can do now is damage control. I would start with getting a letter from the fire department stating the capacity in which you served while injured to add to your file. Something to the effect of “John Doe fulfilled many noteworthy volunteer hours with our organization, however after being injured he was only able to serve in a very limited capacity due to physical limitations. John’s desire to continue volunteering with our organization after his injury was appreciated but was consequently limited to driving where no physical stress was placed on him at anytime. We felt John selfless dedication to helping others even after injury warranted xx award covering all facets of our organization even though for most of the time covered, he served with limited abilities. John’s willingness to volunteer in any capacity showed commitment to his community and was appreciated by this department and our community....

 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

Thanks, I am going to do that, But take a look at the letter again for me please. Read the first 2 paragraphs and then read the last 2. Don't they contradict each other? First one says im a great sailor and the last one makes me sound like a piece of crap, and also sounds like my command is basically saying to medical how can you possibly find hiim unfit, you must not know how to practice medicine. Let me know if you see that cause maybe they will realize that it was 12 days late to begin with and with them trying to pull some shady stuff. Thanks
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

Yes, they somewhat contradict, however if you look at it with emotion aside it could also indicate while you have served honorably within some facets of your duties you may be trying to elude others for self serving purposes. Look at the intent of the writers words. I am not saying this is the case, but when I read it that’s what stood out to me and I assume that is the impact they wanted. Otherwise they would not have left your part of the letter intact and/or not have recommended retaining you, regardless of their intention for doing so. Personally I thing think the comment about “look toward medical professionals for a possible explanation” simply is a way of making the reader deduct there is no reasonable explanation. It calls you a liar and a fake without coming out saying it. That’s where you come in… I would warn on the side of caution, if you were found fit, to watch the fit but unsuitable situation. Reading the writers words, it indicates he wants you to fulfill the obligation you signed up for, but depending on how this situation plays out, watch they do not change their minds after (if) a fit finding. Watch your P’s and Q’s and play by the rules. Most times, if you operate within the rules, you can make things work for you, it’s when we let our emotion get the better of us we start making mistakes. Know what the rules are and study the references they use for accuracy. Look for weaknesses in his statements and disprove it, keep your bearing and reference your actions.” In accordance with regulation, profile, or letter blab bla I was constrained from blab la bla… I was required to attend DTAP upon notification of… in accordance with…” Maybe imply they rushed through the letter without doing their homework because the letter was 12 days late. Saying that, I would also watch how you word things, sometimes if you come across pointing the finger too much you look more like a cry baby than anything else. The owner of this site is so very successful because of other people’s wrong doings whether on purpose or by mistake. If DOD or VA always followed the rules, he would not have much of a job. Fortify your defense and tragedies your offence. Hope this helps…
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

If you were sitting a board what would you think? Would you look at this and say, ok its 12 days late, they are question this sailor and my medical staff, and how can he be shit hot one minute and then a shit bag the next. No way you see that in there?
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

Look, earlier statements were of only my opinion and at the end of the day it means nothing. I would love to be able to say this is the way the board will look at it… but that would be a downright sham. Not even Jason, who appears to the board all the time, can say with certainty how the board will view it. They may not even catch it was 12 days late, or care. If I were sitting on the board I would look for the intent of writer’s message. To me (opinion only), I think the intent of the message is while you have served honorably within some facets of your duties you may be trying to elude others… The top half does allude to you being a “shit hot” sailor, but the bottom half reads to the contrary. As far as questioning the medical staff, that holds little weight in my mind. The medical staff does not work (job) with you directly and are not privy to all facets of your duties, only what you tell them about your symptoms. It will be up to the board to determine whether you will be fit/unfit through the provided info from your docs and your commands letter indicating if you have performed satisfactorily… if your medical disabilities have impaired your duties and to what extent. Sounds like to me, your commands letter would lean toward a fit finding based off their info. Not sure if that’s what you want, but the meat of what I read (commands letter) is you perform well. The rest is (for the most part) irrelevant for the intended purpose of the letter. Can you perform or can you not? At this point, I would say don’t put a bunch of faith in people like me. If you think things are not going the way you want I would recommend legal counsel. Those are the people who can better guide you through the process. I don’t mind giving my opinion if I think there is value added, but I am not a lawyer and I am going through it just like you… I did sleep at a holiday inn last night though. This site is an awesome resource (!) but I think it is intended for info over specific guidance. There are many people to learn from here but no two situations are alike, and there are no crystal balls. I don’t mean to feed your furry, and I probably went too far in giving advice. My intent was to give perspective… I don’t want to down play the importance of a commands letter but the medical evidence is what it is. They are not going to decide your fate just off that letter. It’s just one small part of al bigger process.
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

Bill, Thanks. Well i don't know how it will help or hurt me. Just that everyone i showed that too said i should punch the XO for saying what he said. This is the interesting thing. The XO just got there. So he really doesn't know what i have gone through or the appointments that i have been to. He asked for that information after the NMA was written, which bothers me alot. But i had to go to the ER last week cause i tweaked something when i got up from a seated position and could barely walk. Pain came back through my legs, and was SIQ or Quarters for the AF guys. So my Peblo told me to get that in my file. So it finally went off today with all the updated info. I have been SIQ by 2 different docs from 2 different facilities in the past week. So she thinks that might help with my case. I know it sounds like i just want to get out. I just want to get fixed. If i can get a spinal surgeon on the outside cause the Navy won't reimburse me for it. I just want to get fixed. Anyone know a good spinal surgeon? :)
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

I know what you are saying, and agree whole heartily. There are always at least two sides to this process, and most good people would agree to how frustrating the process is. It’s extremely difficult not to let it be personal because many of us feel as though we are under attack during the process. It is easy to feel as if our loyalty or integrity is in question instead of our medical condition (and want to punch the XO). This is really what I was talking about in an earlier post when I said look at it with emotion aside. I hate to put it this way because there are many good people out there that really only want to help you as an individual, but you always (somewhere along the line) end up being a number. Many of the people who review and make decisions about your future don’t know you from Adam. There is no consequence to them and they are only paid to make a call according to standards. Many times there are variables that should be looked at but are not. I think this is where your commands letter may help or hurt you. I have no idea how the board looks at things but I know if I were setting in a position like that and had a record that was teetering on the line of fit or unfit or I knew the person was fitting to stay in and had a strong commanders letter… It seems like it would be human nature to let that letter sway me. These folks can’t be robots, but at the end of the day who knows where there loyalties lay.
Unless I missed one of your posts I did not see what you said, if anything, about what is wrong with your spine. Have they not referred you to see a specialist? Did you have any MRI’s, CT’s, EMG’s? As you have probably read they are not very good about rating the spine. Typically they only use range of motion or incapacitating episodes. This is where the “just want to get fixed” part comes into question. I am AF so some of the particulars might be a little different but DOD seems to have pretty similar regs. On what basis are the recommending MEB? Too much time on a profile? I know in the AF I got my first MEB postponed because I brought into question in the level of treatment offered. In the reg for retention standards it said something about … refer to MEB AFTER failing adequate treatment. While adequate is left open to interpretation, I was able to get my treatment I thought was needed and eventually got out of going into the DES as a result. They want to make sure their but is covered so it helps to know and look for their exposed parts…
I hope all goes well with your situation and if there is anything I can do to help, just let me know…

Bill
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

I don't think i mentioned it. Right now i have 2 crushed discs in my lumbar and severe lower lumbar scoliosis. I never had either problem before i came in. I have been Waived from the PRT PFA for the last 3 years, Been on LIMDU 12 months and had 3 MRI's in the last 3 years, i have had about 5 Xrays, been through Physical Therapy (Just added to my pain), Had steroid shots(Worked for 2 years, stop the tingling in my legs), 1 Ablasion ( That caused more pain) So that is what i had done so far. See in the Navy we don't usually get reffered out. I have been on ships for 11 years of my 14 year career so we never knew what else was there. Now that i'm on Tricare i never knew that i could go out in town and get a second opinion. This is stuff people should have said the during my first year of being waived. Now people want to offer help. Right now i just want to get out. I am tired of all the BS. My Xo doesn't know me from a whole in the ground and bad mouthed me, My senior elnisted leader has been targeting me ever since i brought this up. So yeah i'm ready to get out. I also have a job lined up if i am discharged. So i hope they find out for me getting discharged and then i can see my own spinal surgeon. But if they don't find for me to get out then i will do what i can to get fixed. So how do i go about getting a referral to surgeon out in town?
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

It’s up to your Med group to refer you, talk to your PCM… Based on the fact you want out... and based on the fact you have been in 14 years (if it were me) I would want something out of it for my service. That is a lot of time to just walk away from. The only way in my mind to do that is to get compensated for injuries sustained while on active duty. They only real way to do this is to make sure you watch each step of the process through and make sure EVERYTHING is documented, and GET COPIES. It seems odd to me they did that many tests without referring you out or at least giving you other options than PT. The more you research the va disability ratings the more you will see what they do/do not rate on. For the spine they typically (from my limited experience) rate on ether range of motion or incapacitating episodes. If ether apply make sure each are documented accordingly! Many of the general population have herniated discs but have no symptoms. What the goal will be to show your two discs are causing xx pain, numbness, or motor weakness you may be having… if it’s one side or both. The problem will need to match up with the symptom. This can be tricky sometimes… This is where all your tests will play a key role; the more accurate you are in explaining your symptoms the better. Keep quarter’s paperwork, old profiles… anything that could have an impact on your case. Communicate with your docs a lot and make sure your concerns are in your records. I just got copies of my last nero visit and I told him about all my symptoms (problems) I was having after the surgery verses before, he put in my records I was doing much better and had few of the preoperational symptoms... NOT WHAT I SAID DOC! What he put in there was kind of true but when you read it, it sounds like I am cured. Not at all the case, in some ways I am much worse. Review your records often for accuracy! If they do a ROM make sure you read about how they are supposed to conduct that exam and re-request anything they don’t do. Ask about taking Meds before going to the exam (not advised from my point of view because it could impact the results). The point is, the more you know how they operate the better your chances of getting a fair deal. Not that you need to answer me, just questions to keep in mind when review the regs…When you say you have crushed dics, did you have some sort of accident and was there a line of duty done as a result? Is there cord or nerve root involvement? What problems are you having as a result of severe scoliosis? I know in the AF retention standards, anything more than moderate (there is a degree involved) requires MEB referral. Read those standards and know the ranges of acceptability. Most times you can come up with a ball park for what you are looking at. Just like with ROM, it (va schedule of ratings) spells out what % of disability you fall in per degrees of ROM. If they come back with something you don’t agree with, there is an appeal process to correct any errors. Good luck!
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

Thanks Bill. The range of motion was very bad i wasn't that flexible when i went in there and i didn't take any meds before i did it. But there was never a line of duty report i don't think but my records indicate how it happened. i have been telling my docs everything when i go in. It's interesting sometimes it seems like some of the docs only put down what they think is wrong no matter what you tell them. But so far i have been clearly open with everything. So thanks but i will keep in touch with you cause it sounds wierd but its actually great to be able to talk to someone and not get the cookie cutter answer. But how do i get an outside consult with out paying for it out of pocket?
 
Need help!!!!!!!!! with this Command NMA all messed up and full of lies. Need he

Well the long and short is your doc on base has to refer you off base, assuming your installation (like mine) does not have the specialist required, or do not have enough appointments available to see you. If they do (and this is who you are seeing) you could try asking Tricare for a second opinion…? Honestly, I would try calling tricare and asking them anyway, they might know of another way. The normal way is your doc has to put a referral into the system for tricare to cover it.
Bill
 
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