attilathescott

PEB Forum Regular Member
Registered Member
All,

I was found fit for full duty with zero limitations in March of 2019 (Though I am unable to continue flying as my flight waiver was denied (Currently working on transition approval to drones), currently conducting a tour as an Air Officer/Forward Air Controller). I have been notified that the waiver granting physician (at Division, I am at the Battalion) is giving my command trouble with granting a waiver, to the horror and chagrin of my physicians, medical officers, and hematologist. I am currently on anticoagulants (Eliquis...not coumadin) due to protein S Deficiency (Discovered in 2017 after I experienced a DVT in my left calf). This stated, at what point are my PEB board results good enough to turn a single physician's, specifically a random Non-hematologically specialized physician's opinion? I understand that he/she is the person making waivers for consideration, but given that my condition was adjudicated by a competent authority, how does he/she have the authority to overturn what many others have stated otherwise, let alone assume the authority as an O-5 to overturn the findings of the O-6 who determined the "Fit" finding? I get a lot of ridiculous statements lately from the physician like, "what if you fall in your shower" or "there's no cardiovascular surgeon on island," both of which go well beyond an absence of even basic understanding of my condition/prescription (Protein S Deficiency/Eliquis) and warrant little more than concern for their lack of intellectual accuracy. My doctors are eagerly awaiting the opportunity to exploit the individual physician for what my doctors deem as "ineptitude." However, it appears likely to delay my ability to deploy to a specific region, and as a total surprise to my current battalion. So, now that I have rambled a bit, and you may be able to tell where I am coming from, what is the best course of action in this predicament? At what point can I have legal professionals begin to draft the appropriate documentation for doctors to universally accept the statements from the hematologists, and the PEB that was conducted and resulted in what I also wanted, a fit for duty determination (zero limitations was just the cherry on top), though I sincerely doubt that legal and medical really cross paths here, it does seem to be principally double jeopardy in taste and feel. As a note, there are no other medical conditions and I have been looked at inside and out, head to toe, MRIs, ultrasounds, and cardio/pulmonary stress tests included in order to resubmit to the FAA, zero findings, everything perfectly normal and no changes to status post-PEB submission/findings. I am seeking to continue my career and find a way to do so unabated by this highly stable medical issue. I greatly appreciate any advice anyone may be able to offer.

Warmest Regards,

Attilathescott
(15 yrs active duty, O-4, USMC, PME Complete, Competitive, 7532)
PEB 2019 - FIT FOR FULL DUTY (Protein S Deficiency/Sleep Apnea)
LIMDU Status - Full Duty (only one cycle of LIMDU as a result of awaiting PEB)
 
As an update, the word has come and the idea is that I will miss this initial deployment push, but will very ironically be participating in an exercise which may be occurring in the area that I would have deployed to. Here are the steps that I am seeking and information that I am gathering in order to fight this thing, if it is fightable.

1. Getting the information that the Hematologist provided.

2. Getting a grasp on what authority is being enacted which is usurping the PEB determination. (i.e. can the medical officer have an opinion that usurps the PEB determination? Does the CO have an ability to go against DOD Instruction 6490.07 4.d. which states "If a Service member is found qualified for retention with no limitations on assignments or deployments following evaluation of a medical condition by competent medical and personnel authority of his or her respective service, and if the condition remains stable, a deployment waiver of that same condition is not required by this Instruction?")

It is my belief that this may be hung on 6490.07 4.a which states: "a. The medical standards in this Instruction are mandatory for contingency deployments, and permissible for any other deployment, based on the commander’s decision."
So if it isn't mandatory, does that allow the commander to be more restrictive than the article in 4.d? It doesn't seem like he/she even has the authority to accomplish this, however, I am unsure.

3. Requesting Mast to address directly with the division. (Every Commander through Regiment is on my side to get me to the deployment)

4. Pushing a Fraud, Waste, and Abuse complaint to the Inspector General. (If this is a possibility, then all of the preparation, time, personnel, money, and equipment which have been utilized in order to prepare myself to be qualified for this position is now wasted. This has also occurred in the last second which reduces the Battalion's capabilities and warfighting strength.

5. Contacting JAG for assistance with legal. (To determine the authority under which each individual may act.)

Any advice is greatly appreciated from anyone who may be able to help. Seeing a lot of views, just no responses to the scenario.

-Attilathescott
 
Request Mast has been submitted and is addressed to the Commanding General, I do not see this being able to be resolved at another level. This stated, If I am all of a sudden determined to be ineligible to deploy, despite having been found fit for duty, can this wind up pushing me out on an administrative separation? Like if I am medically incapable of deploying, how would I not be rated? Or will I need to go through the PEB process once again? As far as I am concerned, I would lose any protections granted me by the initial process one year ago, and if things have changed in different areas, I would then have to go through the IDES process once again correct? If not, do they just take the last findings and all of a sudden through me out on my can without another PEB? It was an IPEB which did not incorporate %s or determine disability retirement. I am hoping that the service comes to a reasonable and logical determination to retain me, however, it has allegedly gone to a much higher level (BUMED) for review or something. I have been fighting this for years now and I am starting to become tired of the seemingly endless roadblocks, for what is a perceived but unsubstantiated additional risk. Any help and guidance is greatly appreciated on this matter.

-Attilathescott
 
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