petition for relief - even worth the fight?

concernedwife

PEB Forum Veteran
Registered Member
#1
the petition for relief.

just curious if it's even worth going through with. my husband was told that because he was found FIT in the IPEB and FPEB, that he could do a PFR.
but, even his PEBLO made us feel as though the PFR will not do anything, albeit us finding several falsified statements in their FPEB rationale.
the majority of it are statements taken from his doctors - but only pieces of the statement that fits an agenda to keep him as FIT.

the stress is causing the migraines to get worse for my husband, even after receiving his botox recently causing him to take his abortive medications that he has very limited amount of per month [you can only take 12 a month total].
the stress is also shown through in this household; i feel like all we do is talk about this and ways to help his situation.


we were notified by the lawyer and PEBLO that he can reinitiate the MEB after six months [which his neuro will do, because his neuro says he has no business being in the navy right now] but at what cost? our sanity? our marriage? his health?

he has two and a half years left on his contract, has been deemed non-deployable, not FIT for sea duty or overseas duty.....so, is it even worth trying? the PFR.
 

Matt Kozyra

PEB Forum Veteran
Registered Member
#2
So, as usual you're asking the right questions. There are only two downsides to filing a PFR after a Fit finding - time and sanity.

The first is time. Your Code 16 attorney is absolutely right - your husband can be re-referred back into the DES after 6 months. That's a very reasonable option, especially with the "he's a strong performer" issues you went through this time around. 6 months is enough time to get some strong documentation of how he's no longer a strong performer.

BUT, that 6 months starts when the case is finalized. That means that the clock hasn't started ticking yet, and it won't start until after the PFR is finished. Those are normally taking about a week in the Navy right now, which isn't a long time to add on to the 6 months. But that's no guarantee. If it takes a month, then that adds a month to the waiting time before your husband can be re-referred. So, that's downside 1.

Downside 2 is sanity. I can't gauge that, but if your husband's mental health is suffering because this issue is still open and there's no resolution in sight, then it might be worth it to take the easy way out and just accept the Fit findings. Obviously, it's not actually over for you guys at this point. You've still got 2.5 years left. But if you just want to put the PEB behind you, then you can call it quits whenever you like.
 

concernedwife

PEB Forum Veteran
Registered Member
#3
thanks for your response, as always.

i feel like we have to keep fighting, but sometimes i feel as if it's at my husband's health's expense. we've been told by several people [dealing with my husband's case, not just some random person who has been through this] that the PRF will pretty much come back the same as the FPEB. stranger things have happened, though. after all, here we sit. :)
 

tony292

PEB Forum Veteran
#4
the petition for relief.

just curious if it's even worth going through with. my husband was told that because he was found FIT in the IPEB and FPEB, that he could do a PFR.
but, even his PEBLO made us feel as though the PFR will not do anything, albeit us finding several falsified statements in their FPEB rationale.
the majority of it are statements taken from his doctors - but only pieces of the statement that fits an agenda to keep him as FIT.

the stress is causing the migraines to get worse for my husband, even after receiving his botox recently causing him to take his abortive medications that he has very limited amount of per month [you can only take 12 a month total].
the stress is also shown through in this household; i feel like all we do is talk about this and ways to help his situation.


we were notified by the lawyer and PEBLO that he can reinitiate the MEB after six months [which his neuro will do, because his neuro says he has no business being in the navy right now] but at what cost? our sanity? our marriage? his health?

he has two and a half years left on his contract, has been deemed non-deployable, not FIT for sea duty or overseas duty.....so, is it even worth trying? the PFR.

I’m sorry for what this process is doing for your family. I went through a MEB that took around 14 months. I lost my health, my career, lost my father and almost lost my marriage all in the same time. I wouldn’t wish it on my worst enemy. If your husbands neuro is going to initiate another MEB in six months then you are on the right track. That is a lot of time for all of you to figure out how the command can better help you through writing a more accurate NMA and making his next eval accurate as well.

You are the victim of the command desperately wanting to help but doing so entirely wrong.


I’m army and when I got to the point where I knew a MEB was looming Inhad my commander write an accurate commanders assessment. It said a lot of bad things about me which were true. It also said that despite it all I was trying hard. In the end I was found unfit. It isn’t rocket science. When most of the players in this game agree on something then the PEBs findings will concur. What happened to your husband was that nobody concurred. He was unfit by his neuro, totally fit luangage and eval by his command... nobody was on the same page. You have six months to get that fixed and everyone in the same page.
 

concernedwife

PEB Forum Veteran
Registered Member
#5
thanks for the response.

my husband's command and co-workers [six in total] all wrote statements for the FPEB stating that him missing work due to these migraines were taxing on the command as well as his ability to complete his service. they didn't care. i mean, maybe they did or do - but they took statements from his neuro from years ago and took pieces out of said statements to fit their agenda....literally.

example - if a statement said: "although the botox works for the first few weeks, for the remaining six weeks the migraines comes on even worse and even when it does work, he has horrible breakthrough migraines that would put anyone in the hospital"

but they would use: "the botox works" out of the entire statement made above. see what i mean?

yes, his neuro will continue to put him up for a MEB, he [the neuro] is having a very hard time understanding why he continues to be found UNFIT when his medical records alone are "damning". he, too, has composed several statements for the board members disagreeing with their findings, over and over.

we shall see. sorry if i am venting a little bit. i am not giving up on my husband, and like i have said before - if nobody else will fight for him, then i certainly will.

thank you all
 

concernedwife

PEB Forum Veteran
Registered Member
#6
yes, his neuro will continue to put him up for a MEB, he [the neuro] is having a very hard time understanding why he continues to be found UNFIT when his medical records alone are "damning". he, too, has composed several statements for the board members disagreeing with their findings, over and over.

i meant to say FIT, sorry
 

tony292

PEB Forum Veteran
#7
I understand what you mean. Nobody can be totally sure if the PEBs intent. I went for the FPEB (Army) and a Lieutenant colonel on the board wanted to know how I had top notch officer Evals.... it was easy for me, I was a recruiting company commander at the time and despite my disability, my recruiting NCOs were making the mission... thus the stellar evals. It didn’t hurt me but the entire picture of me was bleak...
 

concernedwife

PEB Forum Veteran
Registered Member
#8
i understand what you mean and are saying. my husband is at an incredibly small command. not to discount what he has accomplished and does - but that does/should play a role when they ask how he has accomplished certain evals, albeit being on FEP, etc.

here's to hoping the PFR goes through. otherwise, we will see them again in six months :)
 
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