Please Help: Decision due to PEBLO in 4 days

Hello,

I received my IPEB findings and posted some stuff earlier this week and I really appreciate the advice. Now for another question....board recommended DWSP. Anyway, my PEBLO told me that it would be two months of base pay times the number of years in service (14 years and 6 months) which is all good but I was reading AFI36-3212 today and it states in table 5.2:

"If the member is being discharged with disability severance pay then take member's years of service, but not more than 12, computed under 10 U.S.C 1208 and multiply by twice the amount of monthly basic pay of the grade to which entitled under para. 5.15"

That is a big difference between the two and I'm just wondering does anyone know anything about this. Also, it states in the AFI that "A2.11. Pay Counseling. Upon receipt of findings and recommended disposition of the IPEB, the PEBLO advises the member concerning entitlement to disability retired pay or disability severance pay and gives the member the pay estimate provided by HQ AFPC/DPPDS."

I never received a pay estimate from anyone either.

I know the best thing to do is appeal to the FPEB but I just don't know. I want to make sure I know all of my options and this disconnect is stressing me out. Thanks for your help.
 
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My wife just got her MEB back with discharge with 20% severence pay. I was inquiring the same thing you did but sounds like the rule has been changed to 19 years. I got this from another board..

Section 1646 of the 2008 National Defense Authorization Act (NDAA) -- " Enhancement of Disability Severance Pay for Members of the Armed Forces" -- contains changes to disability severance effective January 28, 2008.

Years of service is used in the calculation of disability severance pay, however underthe new law, instead of using actual years of service, there will be a minimum number of years that will be used. Whatever the actual number of years of service, the years of service used for the calculation will be at least six years in the case of a member separated for a disability incurred in the line of duty in a combat zone or incurred during the performance of duty in combat-related operations; or three years in the case of any other member. For example, a member with two years of service who incurred a disability in line of duty in a combat zone would have the calculation based on six years of service.

There is also a new maximum for number of years of service to use in the disability severance pay calculation. Instead of using a maximum of 12 years, a maximum of 19 years of service will be used.
Previously, disability severance pay was always deducted from any compensation administered by the VA for the same disability to which the former member or dependents became entitled (except for death compensation to which dependents become entitled after the member's death). Now, no deduction will be made in the case of disability severance pay received by a member for a disability incurred in the line of duty in a combat zone, or incurred during performance of duty in combat-related operations. As was done previously, no deduction is made from any death compensation to which a member's dependents become entitled after the member's death.
 
Thanks. The only problem with mine is that it was not during combate related operations. This has been an ongoing problem for about 6 years but the last surgery that I had really messed up my foot to the point that I can't wear my boots anymore. I've been in surgical shoe for almost a year now. Does the new law say anything about non-combat related? Thanks again.
 
It's the same either way.

As I think I recommended to one of you guys before, do the Formal PEB and Lawyer up right now. It's your best option. You have everything to gain and nothing to lose..

Regards,
 
Depends on your case. I highly recommend sending an email to Jason at his Law site. He's the best around at the best price also. I know him personally and the one thing I know is that if Jason feels you don't need him (E.G. You can use one of the sevice attorney's) he will tell you. Conversely, if you don't have a case he will also tell you. I honestly don't think you could do better. He doesn't use this site to get clients and is always busy as hell but that doesn't keep me from telling people to go to him.

If we had a few more like him we could change the whole system.

When I grow up I plan to do something simular, that is once I get done with my own case!

Regards,

SMSgt mac
 
BTW- Mike Parker (Maparker) also has represented people at IPEB's I've been told but I don't know if he does it full time. He's a great advocate but I'm not sure if MEB/PEB's is his line of work like it is with Jason.

Either way always take a gun to a knife fight...and never run out of ammunition.
 
Thank you so much. I think a change to the whole system would be great. I will contact Jason and good luck to you!
 
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