PEBLO Timeline

jbern008

Registered Member
I am new to the whole MEB/PEB process. I have been reading several threads searching for an answer to the question I have but have not found one yet. I hope someone here can help.
My question is does the PEBLO have a certain timeline on when they are to submit a Soldiers packet to the MEB and then to the PEB. My PEBLO has all the documents that they had requested from me as well as the NARSUM from my PCM that initiated the MEB and I have already completed my phase1 and phase 2 physical. With all the timelines that they give to Soldiers for the appeal process and to get them the paperwork they request I would think that the PEBLO's would also have a timeline they have to follow as well.
 

jbern008

Registered Member
No I am not in the pilot program. Ft. Sill has not started the pilot program yet. I know that come Dec. my physicals will be 6 months old and then I would need to have to have that redone. My NARSUM was done in Sept. So now the PEBLO has all the paperwork she needs but seems to me she has no since of urgency. Just kind of figured that with the timelines the MEB process has on Soldiers that the PEBLO's would have a timeline to turn in the paperwork as well.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
This is from the DoD Policy Memorandum Implementing the 2008 NDAA (available in the Downloads section):

E3.P1.6: Time standards for Case Processing.
E3.P1.6.1. Referral. When a competent medical authority determines a Service
member has one or more condition(s) which is suspected of not meeting medical retention
standards, he or she will refer the Service member into the DES at the point of
hospitalization or treatment when a member’s progress appears to have medically
stabilized (and the course of further recovery is relatively predictable) and when it can be
reasonably determined that the member is most likely not capable of performing the duties
of his office, grade, rank or rating. Referral will be within 1 year of being diagnosed with a
medical condition(s) that does not appear to meet medical retention standards, but may be
earlier if the examiner determines that the member will not be capable of returning to duty
within 1 year.
E3.P1.6.2. Specialty Consultations. Service members who have been referred in the
DES, and who require specialty care consultation shall be scheduled and seen within
TRICARE standards.
E3.P1.6.3. Commander Documentation: All official military personnel documents
required for disability processing shall be received by the PEB within 5 calendar days upon
request to the Service member’s unit commander. These documents include but are not
limited to: Commander’s letter, copy of Line of Duty Determinations and investigations (if
3
applicable), physical performance records, and personnel evaluations as required by the
member’s respective Service.
E3.P1.6.4. MEB. The provider shall dictate the complete clinical summary
(NARSUM/MEB report) within 5 calendar days of receiving the completed medical
examinations and specialty consultation summaries. For cases referred under the dutyrelated
process (hereafter referred to as duty-related cases), a physician initiates an MEB
once the clinical summary has been dictated. The processing time should not exceed 30
calendar days from the date the clinical summary is dictated to the date the complete case
file is received by the PEB, excluding rebuttal time as defined in paragraph E3.P1.2.6.1.3 .
E3.P1.6.5. PEB. Duty-related case processing time should not exceed 40 calendar days
from the date of the receipt of the complete NARSUM/clinical summary/MEB report and
case file by the PEB to the date of the determination by the reviewing authority (excluding
appellate review).
E3.P1.6.6. Total Duty-Related Case Processing Time. The total processing time for
duty-related cases should not exceed 70 calendar days from the date the NARSUM/clinical
summary/MEB report is dictated to the date of the determination of the final review
authority (excluding appellate review). For each level of appellate review after the Formal
PEB, the standard timeliness goal is 30 days from the date of decision by the Formal
Physical Evaluation Board.
E3.P1.6.7. Processing Goal. Overall, 80% of the cases should be processed within the
stated processing goals for MEB, PEB, and appellate reviews.

I can tell you the timelines are routinely ignored and I have never heard of them seating more boards when they don't meet the timelines (though, arguably, the AF may have done that by doubling up on their FPEB hearings).
 

jbern008

Registered Member
I have read over the DOD Policy and I am still lost. Here is every thing I know about my packet. I am going through the MEB/PEB process for chronic/severe PTSD. I had phase 1 and 2 of the physical done on 4 June 2010. I my PCM at CBHS had me come in for a NARSUM on 10 Sept 2010 which was turned into the MEB office around 29 Sept 2010. I had an appointment on 6 Oct 2010 with the MEB physician, at this time I was informed I had 7 days to get my last 3 NCOER's, ERB, current LES, and Commanders Statement turned. On 7 Oct 2010 I had a MEB Briefing and turned in all the paperwork that they had asked me to turn in. I also recieved the profile from the MEB physician at this time. According to the info on AKO it says that my PEBLO counseled me on this day also but all she did was take my paperwork and give me a copy of the memorandum that was sent to my command. Now I have a copy of a MOA between USAMEDCOM and USAPDA from Dec 2007 that says that USAMEDCOM standard requires the MEB to the PEB NLT 90 days from the start of the MEB and the DOD standard is that the MEB will be delivered to the PEB NLT 30 days after the NARSUM. Since my MEB is for PTSD and a NARSUM was done by my PCM at CBHS does that count or does the physician from the MEB office have to do a NARSUM as well. Now as far as I know my PEBLO has all the necessary paperwork that she needs in order to send my packet through for the MEB and then on to the PEB but everytime I ask about my packet I just get told that I will be called when it is ready. Also who is responsible on updating the info on AKO because my info doesn't even reflect that I have the P3. I just need to know if the PEBLO's are suppose to follow a timeline and if so what is it. They give the Soldier's timeline's for the all the appeal processes so I would think that the PEBLO office would have a timeline that they need to follow as well.
 

fortsillmeboc

PEB Forum Regular Member
This is your MEB Outreach Paralegal here at Fort Sill. If you do not know, MEB Outreach are teams of attorneys and paralegalso who assist, represent, and advocate for soldiers as they go thru the meb process. I was there with Mr. Morris who gave that MEB brief at RACH. Just to quickly answer your; if all you have is a behavioral health issue, (ptsd, depression, etc) your behavioral health PCM will do your psychiatric narsum, and all the MEB docs. will do is type a memorandum of addendum to your packet stating that you have no physical conditions to be considered for your meb. Both the behavioral health clinic and the meb clinic here at sill are very backlogged when it comes to transcribing the evaluations and narsums. Once the narsums are completed, and and the 3 signatures are done, your peblo will call you to come in and pick up the 3947. Do not sign it! Please come by my office at the legal assistance center at 4700 Mow Way Road, 4th Floor so we can discuss your case, and so I can answer any questions and concerns that you may have, and to schedule you an appointment to have an attorney review your packet.

Also, you should contact your peblo, nurse case manager, or the MEB clinic's front desk to get my phone number and contact information. I look forward to hearing from you. Thanks. Also, moderator please do not delete this post just so you can make money assisting these soldiers when there are legal teams assigned to represent them for free.

SGT Andrew
 

jbern008

Registered Member
The only issue that I am going throught the MEB process for is PTSD. My NARSUM has been done since the end of Sept. and the Physical has been done since June. My question is still the same. Does the PEBLO's have a timeline they are required to follow since the MEB/PEB process holds Soldiers to timelines for the appeal process or is all the info that I have read about MEDCOM policy of the MEB packet is suppose to be at the PEB no later than 90 days from the start of the MEB process and the DOD policy of MEB packet is suppose to be PEB no later than 30 days after the NARSUM just a bunch of bull.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
This is your MEB Outreach Paralegal here at Fort Sill. If you do not know, MEB Outreach are teams of attorneys and paralegalso who assist, represent, and advocate for soldiers as they go thru the meb process. I was there with Mr. Morris who gave that MEB brief at RACH. Just to quickly answer your; if all you have is a behavioral health issue, (ptsd, depression, etc) your behavioral health PCM will do your psychiatric narsum, and all the MEB docs. will do is type a memorandum of addendum to your packet stating that you have no physical conditions to be considered for your meb. Both the behavioral health clinic and the meb clinic here at sill are very backlogged when it comes to transcribing the evaluations and narsums. Once the narsums are completed, and and the 3 signatures are done, your peblo will call you to come in and pick up the 3947. Do not sign it! Please come by my office at the legal assistance center at 4700 Mow Way Road, 4th Floor so we can discuss your case, and so I can answer any questions and concerns that you may have, and to schedule you an appointment to have an attorney review your packet.

Also, you should contact your peblo, nurse case manager, or the MEB clinic's front desk to get my phone number and contact information. I look forward to hearing from you. Thanks. Also, moderator please do not delete this post just so you can make money assisting these soldiers when there are legal teams assigned to represent them for free.

SGT Andrew
SGT Andrew,

I find that comment offensive. I have never deleted posts having to do with providing information about free legal counsel available and have actually gone the other way and posted contact information about how to contact assigned counsel. I also regularly refer people to military counsel when it appears that having civilian counsel will not impact their case. Aside from the fact that I have given thousands of hours to help members free of charge on this site, have written a chapter in the Servicemembers Survival Guide on navigating this process, and the fact that when I was an active duty JAG I advocated that the military create a website like this, the only "moderation" that I do is to prohibit civilian fee for service attorneys from advertising their services on this site (never mind the fact that I don't advertise here, either, I only have a link on my profile to my firm website because it is easier to provide that than to answer individual queries).

Please don't come to my site, post one response and then take a swipe at me. It is rude and unprofessional. If you have helpful/useful comments, then that is a good thing and I encourage you to participate. However, my site has been here for more than 3 years and I have personally invested thousands of dollars in software, web hosting, graphics design and other costs to create this community. I could have easily "monetized" this site (charging for a membership or putting up advertisements) and I could have spent the thousands of hours I have given pro bono working on paying cases. I wonder if you are going to match my efforts to help Servicemembers by participating to the same degree? I guess we will have to wait and see.
 

uafan4life

PEB Forum Veteran
Jason,

I would agree with you 100%. This website has allowed me to access information that I would have otherwise not been able to access. Along with all of the other experiences that my fellow service members have shared have been more helpful than any PEBLO I have dealt with so far. Keep up the great work!!!
 

popa_top2000

PEB Forum Veteran
Jason,

I would agree with you 100%. This website has allowed me to access information that I would have otherwise not been able to access. Along with all of the other experiences that my fellow service members have shared have been more helpful than any PEBLO I have dealt with so far. Keep up the great work!!!
+1000 to that. This site has been nothing but helpful. Jason, I think you are doing a great thing helping servicemenbers. If there were more people like you in this world willing to help others, the world would be a better place.
 

Marine32

PEB Forum Veteran
I agree Jason, I find this comment offensive too. This type of comment would only be made by somebody who is not educated on what you have actually done. Any senior service member (active or in veteran status) would appreciate the assistance you give them. Keep up the good work and I'm sure only positive things will happen to you in the future. There will ALWAYS be that %10 you have to deal with, but don't worry because we'll always be here to educate people on what is REALLY the truth. Thanks!
 

VAJumper

PEB Forum Veteran
I am also a moderator here and work voluntarily with the other moderators in an effort to provide knowledge on the DES which is not normally available to members. I am still active duty and find solace in being able to provide any level of support to our wounded/ill military. I do appreciate the fact you were able to step forward and offer assistance to this individual.

I know that each service is a bit different when it comes to legal services. At my base in the Air Force, even though I pleaded for assistance, there is no one available with information on the DES processes. When my case was headed to the PEB, due to my numerous maladies I wanted to make sure my attorney there understood what I would be arguing for once I arrived. I was told I could not confer with my attorney until 2 days before my PEB hearing, and what legal advice I was given from a paralegal was incorrect and laced with misinformation. At that point, I lost confidence in the military being able to fairly assist in my case and I opted for outside legal help which eventually led to an increase in my disability rating of 40% PDRL to 70% PDRL. They say only a "fool" represents himself. In my case, had I gone to the PEB without a private attorney, I would have been a fool.



REMARKS FROM AF PARALEGAL FROM RANDOLPH:

"First let me explain that you won’t be assigned a specific attorney until you arrive at the Formal PEB (Board). The Board has total administrative control over your case and our office won’t even get notice about a case until shortly before the person’s arrival. Also, cases are often advanced or delayed due to major changes to individual’s medical condition – for example, those expected to die soon will be given an earlier date or someone who has lost their legs may be delayed because of unexpected complications with their amputated limbs. Due to this uncertainty, there is usually no way to pre-assign legal counsel to a specific case.

Just FYI, it has always been the rule that Formal PEB evaluees are entitled to “up to 3 duty days after arrival at the FPEB to review the available records and prepare the case.

The following is a brief explanation of the differences in how the Air Force and the VA look at disabilities. You probably know that you must reach the 30% disability level for a medical retirement. To put that into perspective, think of a continuum of 0 to 100 with 0 meaning you are fully able to work a normal 8 hour a day, 40 hour a week civilian sector job (not your military one, so things like mobility, war games, etc are not considered - they will determine disability in comparison to your civilian counterparts). A rating of 100 means you can't do any regular job, not even being a greeter in a wheelchair at Wal Mart. The reason they use such a limited review of your life is they can only consider your WORK life--it is just like workers compensation. They cannot consider any tort, or negligence principles of recovery such as you'd get if your conditions had been caused by an automobile accident. So, your lost opportunity, reduced quality of life, consortium loss, pain and suffering are NOT on the table. So, you can see why only 10% of everyone who goes through the disability process get an early retirement...it requires you be almost one-third disabled every work day. Under this same system, note that a 50% rating would mean you can't work in any kind of job except for 4 hours per day. AND, per the Supreme Court's last disability ruling, your disability must be rated at your best retrained and/or best assisted state...meaning if you can work in a new job area, you aren't that disabled. [not true]
 

joshgo

PEB Forum Veteran
Wow, I can't believe that someone would say that. Thank you Jason and everyone else here that donates their time to help others be represented fairly and fully informed of their rights. Don't let this one person get you down. You have saved so many people time, money and frustration. Thank you!
 

jbern008

Registered Member
First off I want to thank you Jason and everyone else on the forum, you provide valuable information.

Now update on the PEBLO timeline. This is what I have found out. IAW AR 40-400 chapter 7 para. 7-1 it states as follows: "MEBs must be completed expeditiously. Not all MEBs require adjudication by a PEB; those that do must be completed and forwarded to the PEB within 30 days from the dictation of the narrative summary (SF 502). The 30-day DoD standard is a sub-component of the USAMEDCOM 90-day standard; the proponent for this standard is the MEDCOM Patient Administration Division. For all MEBs, processing will not exceed the 90-day standard. This 90-day interval begins on the date the profiling officer signs the permanent profile (first signature of two required) that refers the Soldier into the MEB/PEB process and ends on the date the MEB packet is mailed to the PEB."

Now the issue I am having is this, I was refered to the MEB process in Sept and was called by the Nurse Case Manager from the MEB office during the same month. I had the NARSUM done on Sept 10th and it was sent to the MEB office the last week of Sept. Now every time I asked about the packet during this month I was told by the case manager that they was waiting on the NARSUM. Then when they recieved the NARSUM the last week of Sept is when they decided to schedule me to see the physician that works in the MEB office which was on Oct 6th, then on Oct 7th I attended the MEB briefing and was assigned my PEBLO. Now last Friday I went to speak with my PEBLO and she informed me that she is still waiting to recieve my packet back, my only guess would be that she sent it around to get the three signatures but I'm not sure. Now here is the same question revamped. What is the date that the 90-days begins at since the NARSUM was done before they decided to send me to see the MEB physician, is it the date of the NARSUM or the date they decided to send me to see the MEB physician. Also in 30 days my physical will be 6 months old which means that I would have to go through that again. If anyone could please help me out with this it would be greatly appreciated. I am trying to find the answer here because I am almost to the point of where I may file a complaint with the MEDCOM PAD about the Ft. Sill MEB office.

Thanks
 

jbern008

Registered Member
-UPDATE-
Okay this is what I just found out about my MEB/PEB packet. Like I had said before I was referred to the MEB in Aug but was not seen at the MEB office until Oct. Now I had a physical done in June and per the MEB office it was still good since it was not 6 months old. Now the PEBLO had everything they needed for since I was already told the the MEB was just for PTSD and that the knee pain and headaches was considered medically acceptable. Now the my physical expires this week and I just found out that my PEBLO is just now looking at my packet. They had wanted me to sign a waiver saying that nothing has changed, even though I have been seen several times for the headaches and have now been put on meds for them. From what I am seeing is that there apparently are some PEBLO's that try to help and others that don't care. I was informed that even though I have to do another Physical she still has only 30 more days to get my packet sent to Ft. Sam and I think that she knows she messed up and is now trying to jump through hoops to cover her so she won't get in trouble.
So now I am hoping to be out by March when the original goal was Dec. So we will see.
 
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