On TDRL wanting to return to active Duty

J

JMatthews11

PEB Forum Regular Member
:confused: Back in July I made a phone call and requested to have my first medical evaluation moved up. I called Walter Reed TDRL office and I was informed that it shouldn't be an issue to have it done. Here it is October, I since then turned in all the requested medical doctuments from my doctors stating that my Medical issues are clear and that I can perform my job as a soldier. The hold up is that my packet may get kicked back because so many others have not had their evaluations done. I am one of many who never wanted to get out of the Army but, it was the best thing for my situation at the time. I had Chronic PTSD. I recived all my treatments and made all my appointments with my doctors. They are really proud of my progress. My questions now, is how long does it take for a soldier to request an evaluation? How long after the evaluation is complete if found fit does it take to return to active duty?
 
Hello this is also in responce to the reply you left on my thread. I was evaluated back in January, and I am just now getting ready to MEPS. From what I have been told normal recruiters don't really understand the process of getting a TDRL back into active duty. So you just have to be patient with them, and keep on them. After your eval and you are found fit for duty a few weeks after the eval you will get in the mail instructions on what to do, and contact number for someone who will help you. Thats atleast what the Marine Corp did for me I'm not sure how the Army does it, but best of luck to you.
 
Frator,
Thank you for your help, you are right, a lot of recruiters i have contacted don't seem to understand what I was talking about. I was asking these question to them on the whole process but, they just don't sem to want to help.
 
One comment, a return to duty determination entitles you to re-enlistment. If you wait too long, they can (try to) deny you re-enlistment. The facts of your situation drive the outcome, but understand that as of a fitness determination off of the TDRL, you are entitled to return to duty. If you ultimately run into the situation where you can't get back into the military, please post again. You have a clear right to at least be processed into the military (the only exception I am aware of would be where you developed other conditions while on the TDRL that disqualify you for service). You may also be entitled to a promotion on re-entry into the military.
 
Jason,
I was found fit for duty a couple of years ago. At the time, I did not re-enlist because of my job and other factors (getting married). I have talked to several recruiters and supplied them with my fit findings from PEBLO as well as VA documents from VA docs completely clearing me and giving me recommendations to return to service. Recruiters look at my 214 and see the RE Code 4 and automatically begin with the "there's absolutely nothing I can do" excuse. I try to explain my situation, but haven't had much luck "convincing" them to help me out. Is there anything I can do or am as the naysayers put it, "SOL?" I look forward to hearing any input/advice. TIA
 
I think that the RE Code is not the issue, but rather do you meet enlistment/appointment standards.

First, the RECode, if I am thinking correctly, came from your original DD214 when placed on TDRL? If so, then the later action finding your fit should have changed that (not that they would issue a new DD214 to fix that, but that should be the consequence).

Now, if you had gone from TDRL to immediate re-enlistment/re-appointment, your status would have been 1)TDRL to 2) Active military service. Now, have a few years go by, your status would be 1) TDRL to 2)Discharged to 3) Active military service.

So, because of the break in service, I think you would be treated as a Prior Service new accession. Meaning you need to meet enlistment/appointment standards. But, it seems like you are unable to get that far in the process because of the RE Code. I think they should just understand the situation, but if no one can help you or does understand it, I think your next option is to go to BCMR to get RE Code removed. Just be prepared that it may be a year or more for you to get an answer.
 
Jason,
Thanks for the info. I know I can meet all accession/retention standards; I feel my biggest hurdle (once getting a recruiter to understand my situation) is getting through MEPS. Even will all of the docs from DOD and VA docs, MEPS often times tend to do things on their own accord and blow off suppoting docs from military docs.
I did submit the form (can't remember the number) to the BMCR asking to have my RE Code changed due to my current status - "Fit for Duty." Unfortunately, BMCR denied my request. Their narrative stated something about my RE Code correctly reflects my status from when I was placed on TDRL. For some reason, even with supporting medical docs, they will not change my RE Code. Not too sure what I can do about this situation.
 
AUtiger10,

Did they ever officially discharge you from the TDRL? I know if you choose to return to duty when you're found fit they don't officially discharge you from TDRL until the day before you return to active duty. They do this to avoid your break in benefits. I only ask this because if you applied to the BCMR to get your RE code changed, and they hadn't discharged you from the tdrl yet, then your TDRL re code would still apply to you. Did they ever stop your retirement benefits? ie tricare and retired pay if applicable.
 
Marine32,

I was released from TDRL. I have the paperwork from Dept of the Army stating that I am Fit for Duty. My Tricare benefits have ended, but I am still receiving monthly VA compensation. The reason I did not return to duty within the 90 day window they give you is mainly because I was about to get married, so as you can imagine, me deciding to re-up and leave at that particular time wasn't in my (or wife's) best interest.
 
That 90 day window must be an army regulation. I signed my paper electing to return to duty in Aug, but still haven't received anything from them. I talked to the TDRL coordinator in DC and he said he sends paperwork to the recruiting headquarders, and then they talk to a local recruiter and have them contact me. The problem is that he told me the recruiting headquarter never received my paperwork, so he has to resend it to them... and i'm still waiting. If anybody knows anything about a 90 window for the Marine Corps please let me know.

If I were you though, I would contact the recruiting headquarter (or whatever the army calls it) and discuss the issue with them because local recruiters have absolutely no idea on returning TDRL members to duty.
 
Marine32,

You are right about local recruiters not having any idea about TDRL and it's extremely frustrating to attempt to explain the situation to them. It's almost like talking to a 2nd grader that has zero interest in what you are trying to say. I guess my best approach is to do the legwork with Recruiting BN, BDE, and HQ.
Good luck to you!
 
Jason Perry said:
I think that the RE Code is not the issue, but rather do you meet enlistment/appointment standards.

First, the RECode, if I am thinking correctly, came from your original DD214 when placed on TDRL? If so, then the later action finding your fit should have changed that (not that they would issue a new DD214 to fix that, but that should be the consequence).

Now, if you had gone from TDRL to immediate re-enlistment/re-appointment, your status would have been 1)TDRL to 2) Active military service. Now, have a few years go by, your status would be 1) TDRL to 2)Discharged to 3) Active military service.

So, because of the break in service, I think you would be treated as a Prior Service new accession. Meaning you need to meet enlistment/appointment standards. But, it seems like you are unable to get that far in the process because of the RE Code. I think they should just understand the situation, but if no one can help you or does understand it, I think your next option is to go to BCMR to get RE Code removed. Just be prepared that it may be a year or more for you to get an answer.
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Jason Perry said:
I think that the RE Code is not the issue, but rather do you meet enlistment/appointment standards.

First, the RECode, if I am thinking correctly, came from your original DD214 when placed on TDRL? If so, then the later action finding your fit should have changed that (not that they would issue a new DD214 to fix that, but that should be the consequence).

Now, if you had gone from TDRL to immediate re-enlistment/re-appointment, your status would have been 1)TDRL to 2) Active military service. Now, have a few years go by, your status would be 1) TDRL to 2)Discharged to 3) Active military service.

So, because of the break in service, I think you would be treated as a Prior Service new accession. Meaning you need to meet enlistment/appointment standards. But, it seems like you are unable to get that far in the process because of the RE Code. I think they should just understand the situation, but if no one can help you or does understand it, I think your next option is to go to BCMR to get RE Code removed. Just be prepared that it may be a year or more for you to get an answer.
Click to expand...
Jason,

In looking at your post, if deemed fit for duty with the option to re-enlist, and you for whatever reason decide not to ultimately pursue that option, are you then as you stated with the 1,2,3 status example, discharged? If that is in fact the case, do you know if the RE 4 code on my current DD214 from my placement on the TDRL, would then be changed to a re-enlist able 3,2, or 1 code? Please advise whenever possible.
 
Im sorry for jumping in like this but I'm on TDRL and my 5 year mark is june/july and they are flying me to Hawaii to do the exam. I want to be found "fit for duty" and I'm prepared to fight for it, however i have not been able to contact my PEBLO or Legal even though I've emailed them both numerous times. So i wrote my Congressman to see if he could do anything since he was a JAG lawyer for the Army. My separation code is SFK, Separation authority is AR 635-40 Par 4-24B (2) the narrative reason for separation is disability, temporary and my re-entry code is 4. I have not even filed for VA disability and only saw a VA psychiatrist and psychologist for maybe 3-4 months out of the entire 5 years, I got a 50% rating from the DOD for PTSD and minor Post Concussive Syndrome however both have gotten dramatically better in the last 5 years and I'm ready to go back to active duty as a 12B Combat Engineer but if its possible i would LOVE to change my MOS to 11B, but I will take whatever they give me. Do you guys have and recommendations for what all i should be doing right now and what are my chances of getting back in?
 
You will have to talk to a recruiter if you are cleared fit for duty. You are almost guaranteed to run into problems. Recruiters rarely see this.

Ammo you will need:
10 USC 1211(a)(3) is the controlling law. So when they tell you they can't you need to point out to them that not only can they, they are required by law to allow you back in.
AR 601-210 is the controlling regulation for recruiting. Section XII covers TDRL.

1-6 b. (2) states only the secretary of the Army can deny enlistment to someone cleared fit by the TDRL. However you must apply for enlistment within 90 days.

3-7 states you are cleared from having to do a physical, you are almost guaranteed to fail ascension standards.

They will have to submit you for a grade determination. They are supposed to give you equitable consideration for promotion if you hadn't been placed on TDRL. They will likely attempt to give you a reduced rank, which is normal for prior service. My reading of 10 US 1211(a)(3) suggests this is not allowed, however congress also places limits on how many NCOs and officers they have, so they may make an argument that they don't have an opening at your prior rank. Can't say how it will really shake out.
 
Why will I fail ascension standards? How do soldiers get around that? I have been talking to my Peblo by email and JAG SSG emailed me the tdrl re-evaluation legal briefing but he told me to contact him only after my re-evaluation. I assumed JAG would be able to give me some legal guidance during my TDRL process but it seems they are only there for challenging the PEB's decision.
 
I really dont have any paperwork on my condition because i have been living in Thailand for the last two years and do not have a psychiatrist or take any meds, I have read that I should write a letter? Is that a good idea? Especially considering that I dont have much to give them already.
 
Ascesion medical standards are far more strigent. AR 40-501, chapter 2 vs chapter 3. By and large any mental health history will disqualify for ascension standards. As long as you request enlistment within 90 days, it should not apply.

There will be a report of the exam you do. You will have to sign that you received it. Should it reflect information you disagree with, i.e. that the condition is more severe than you think you may submit additional info along with it. A letter would be fine, though obviously not the same as treatment notes.

You may be premature in itching for a fight. It may well be that the right information will flow through naturally, after all, in theory, that's what's supposed to happen.
 
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