P3 question

dlz11

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PEB Forum Veteran
Registered Member
Team, I posted this in another section but this one seems more appropriate,

I'm an active duty Army officer with 18 years of active service and 21 years of total service. I have been fighting PTSD for several years with symptoms increasing over the last few months. I am about to start a 6-week out patient program and am hopeful for some return to normalcy. I have a supportive chain of command and a PCM that seems open to my input with regards to my conditions.

My question is should I ask my PCM about the P3 profile to initiate an MEB? I have several conditions but not sure any of them would come back as unfit. I have diagnoses and treatment well documented for PTSD, Migraines, sleep apnea, shoulder-knee-ankle pain with surgery for meniscal tear in knee and chronic instability in ankle. Here is how I see how my conditions limit/affect my work performance:

PTSD - 50% or 70% I am currently on anxiety medication and meet most of the descriptions for 70% but understand it is subjective on how the board goes. I have panic attacks during work where I completely shut down due to stressor. I have had subpar evaluations during periods increased symptoms due to lack of emotional energy to care about almost anything

Migraines - I have 1-2 prostrating migraines a month and am currently only taking abortive meds, symptoms include aura, headache, nausea, vomiting, light and sound sensitivity, completely not functional for 4-8 hours. I miss at least 1 day a month but as many as three days a month while fighting migraines. I imagine this would rate at 30% or 50%

Sleep apnea - diagnosed but early in the treatment stages, 30% or 50% depending on treatment. I am chronically and noticeably fatigued while at work.

Multiple joint pain - This is just a flyer that I imagine wouldn't come back as unfit but would definitely add to any VA rating. I have painful motion in shoulder and knee and ROM restrictions in ankle with painful motion as well.

I'm really conflicted on how to proceed other than just suck it up for two more years, which feels impossible. I don't want to go through this if it has a low probability of either medical retirement or severance. Honestly I would accept either as a victory. But if I'm returned to duty with all conditions found as fit for duty, I can't imagine a positive work environment afterwards. Any encouragement or relatable experience would be greatly appreciated. Thanks in advance and best wishes!
 
I am also an active duty Army officer with 18 years of service when I was given a P3 profile which initiated the med board process last October. I nearly lost my retirement pension eligibility ($4000/month for the rest of my life) because I was found unfit and only rated 20% DoD and 100% VA. They were going to send me packing with $300K severance pay (base pay x 18.5 years) (before taxes), VA disability pay ($3270/mo) and no retirement benefits - not even Tricare for my spouse who gave up a career and stability to be an Army spouse. Thankfully my COAD request was approved so I can stay until I have 20 years which will make me eligible for concurrent receipt of retirement and disability pay (CDRP) which which should amount to around $6000/mo after taxes, and be enough to support myself and my spouse if I am not able to keep a job due to my service-connected stress disorder and physical disabilities.

PTSD doesn't automatically make you unfit, unless you are a threat to yourself or others (with a P3 under S in your PULHES), so will likely only count towards your VA rating. Don't count on getting an approved COAD because COAD approvals are rare (I believe the only reason that mine was approved is because I am an AMEDD officer). The 18-year "sanctuary rule" doesn't apply to medical separations. Suck it up for two more years if you can, or at least for another 18 months, before you go through MEB/PEB. Try to find a lower stress job if you can. I know it sucks, but 18 years of service and a retirement check for life is a lot to lose. Remember that your diagnoses and subpar evaluations don't define you; you are more than that and there is life outside of the Army. Good luck and best wishes to you.
 
@oldvet do you know where I can find that the sanctuary rule doesn't apply? I asked a GO to help me with a COAD and he was questioning that and asked for a reference. Thanks -Paul
 
BH is able.to give.you two 90 day mental health profiles, beyond those two it will initiate a MEB. I had several discussions with my counselor about this prior going to BAMMC in San Antonio before starting my 6 week outpatient treatment. I had to be put on profile prior to attending the program as it was a pre requirement of the program to be accepted.
 
What is your service, if it is USAF then:

USAF guidance on Sanctuary:


AIR FORCE INSTRUCTION 36-2131

1.1. Purpose: Title 10 United States Code (USC), § 12686(a) and 12646(e) establish an active duty (AD) retirement sanctuary for members of all Air Reserve Components (ARCs). ―Under regulations to be prescribed by the Secretary concerned, which shall be as uniform as practicable, a member of a Reserve component who is on AD (other than for training), and is within two years of becoming eligible for retired pay or retainer pay under a purely military retirement system…may not be involuntarily released from that duty before he becomes eligible for that pay, unless release is approved by the Secretary‖ (Title 10 USC § 12686(a)). In general, AD sanctuary means any Air National Guard (ANG)/United States Air Force Reserve (USAFR) officer/enlisted member who attains 18 (but less than 20) years of AD must be retained on AD unless he/she: voluntarily separates; is medically disqualified for continued service; or is separated or discharged for cause. Additionally, all AD served ―counts‖ for the computation of the 18 years of Total Active Federal Military Service (TAFMS) required toward reaching the sanctuary zone. Note: Reserve sanctuary statutes are addressed separately in Chapter 5 of this document.

5.5. Officer Ineligibility: Officers who are discharged or transferred from an active status for physical disability, for cause, or because they have reached the age at which transfer from an active status or discharge is required by law, are not eligible for Reserve sanctuary under Title 10 USC § 12646
 
@oldvet do you know where I can find that the sanctuary rule doesn't apply? I asked a GO to help me with a COAD and he was questioning that and asked for a reference. Thanks -Paul

Paul,
I don't think there is such a thing as "the sanctuary rule" per se. AR 635-40 DISABILITY EVALUATION FOR RETENTION, RETIREMENT, OR SEPARATION (19 January 2017) Chapter 6 covers Continuation on Active Duty and Continuation on Active Reserve Status of Unfit Soldiers. An approved COAD allows a Soldier having more than 15 years active federal service to remain on active duty until they reach 20 years AFS (length of service retirement eligibility) even though the Soldier has been found unfit by the PEB.
 
Title 10 United States Code (USC), § 12686(a) and 12646(e) establish an active duty (AD) retirement sanctuary

Title 10 code states all members have access to sanctuary, but with provisions in place according to each individual service. The federal law is any member with greater than 18 years but less than 20 can invoke sanctuary protection to at least 20 years of service.
 
@oldvet do you know where I can find that the sanctuary rule doesn't apply? I asked a GO to help me with a COAD and he was questioning that and asked for a reference. Thanks -Paul
Paul,
I don't know if this is relevant to your situation, but AR 600-9 para 3-3 exempts Soldiers with an approved COAD from the requirements of the Army Body Composition Program.
AR600-9 para 3-18c allows Soldiers who have completed a minimum of 18 years AFS to be extended for the minimum time required to complete 20 years AFS, but this won't stop a Commander from pushing for an MEB/PEB to push a Soldier with over 18 years AFS out of the Army with nothing but severance pay to make their stats look better when they brief the BN/BDE Commander.
 
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