Needing Guidance on a complex situation

[davisjaron]

Hello all, So I'm seeking some guidance on a complex situation I'm having.

So the quick run down, I've been in the army for 5.5 years, a couple of years ago in Afghanistan I began having issues with my knee. It wasn't dealt with because I was on a small FOB. Now 3 years later my knee is in terrible condition. Ortho refuses to do any type of corrective surgery due to risk of making the issues worse and I have been enrolled in an MEB. It took me all this time to get to ortho and get this dealt with after years of physical therapy, temporary profiles, and refusals for an MRI.

In the past year and a half my knee has gotten drastically worse to the point where I can no longer run, squat, lunge, and I'm in pain just walking around normally now. Unfortunately due to my lack of capabilities I have put on a few pounds and busted tape and my company was processing a chapter 18 before I finally got to ortho and was enrolled in the MEB.

Now that I've been enrolled in the MEB it seems as if my company has taken it personally. My PCM is dragging his feet about renewing my temporary profile that says I can't do PT tests (I can't run, walk, or bike, and pushups and situps are difficult to do while pushing myself. I can do them on my own but require rest periods to rest my knee).

Because my permanent profile does not reflect my physical capabilities and was only designed to enroll me into the MEB and my PCM can't adjust it due to it being created by the "MEB doctor" who I've never met, and so far hasn't renewed my temporary to reflect what I can do, my company is waiting until my recovery period has ended and then is going to make me take a PT test and try to snag me on failing it as well. My 1sgt attempted to force me to take one the other day but I refused on the basis of being on recovery from my profile, but that recovery period is almost over.

On top of all this, my PEBLO told my CoC that I can not have a chapter 18 pending, so they discarded it, and have now reenrolled me into the ABCP with one key difference, in the memorandum stating what could happen if I don't comply, they removed the possibility of a chapter 18 and only went with the other possibilities that do not result in an honorable discharge.

I know that a chapter 18 can not be pending while I'm in the MEB but does that extend to all other possibilities they could try to get me on while I'm still here?

One more thing is that I requested to be sent to the Warrior Transitional Unit (WTB) but my commander has to fill out the application and, at least to my knowledge, is dragging his feet or just won't do it because they want me kicked out rather than medically discharged.

Is there anything I can do to:

A: Get my permanent profile corrected to reflect my physical capabilities?
B: Get my doctor to renew my temporary profile?
C: Get my CoC to fill out the WTU application?

And

D: What can I do about the ABCP thing since I'm not physically capable of doing the PT they want me to do?

 

[scoutCC]

Permanent profile can and should be corrected to have the right limitations. Its done by filling out a new permanent profile, which will overwrite the old one. You should have a meeting with a MEB doc early in the process, they can actually be a good source for correcting the profile. It sounds like you may have had a phone meeting with this person, but the PEBLO should be able to help you get in touch if you need things updated. Nothing is truly stopping the PCM from doing this, except they are generally unknowledgeable about the MEB process and don't want to dirty their hands in the process.

You could have a temporary profile for a new or different condition. Your PCM is correct that if the permanent is wrong, the fix is not a temporary.

Don't think you can force a WTU application. His boss, battalion commander, can probably force the issue. IG can sometimes make forceful suggestions. You will want to be pretty sure you're right before attempting those routes, and I'm pretty sure WTU won't accept you after the MEB is started.

I wouldn't worry about the ABCP or PT test. Then again, I'm not sure what consequences they are talking about that would be the route to a less than honorable for failing weight. Chapter 18 is the only thing I've ever heard of. Its not that you're doing something wrong, you're just not meeting the standards, same as the MEB. MEB just provides more of a reason for you not meeting the standard, why it takes precedence. Same thing for the PT test. OK, so they want you to take it, do it, but don't do it to the point where you're going to hurt yourself. They're only screwing up their unit's percentages because you're going to fail it. Not sure what any of this is doing but documenting your problems. It sounds like you guys have just gotten into an adversarial mode, which is silly, you're both saying the same exact thing, that you're no longer fit to be a Soldier. They might have ideas about how to get you out due to that, but luckily the regulations state what the right way is.