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Question: possible outcome of PEB regarding mental health issue 'EPTS' and aggravated by combat service?

USNMarv3lg3mh33l

PEB Forum Regular Member
Registered Member
Background: My PEB has not started, but after reading DoDI 13321 and SECNAV 1850.4F, I'm really not optimistic about receiving medical retirement. Here's why (bullet points):

Note: EPTS (in title) = Existed Prior To Service. I know what the DoD and SECNAV instructions say, but the language about EPTS is hard to understand.​

-Began military svc with Army NG and have done 2 combat tours (the first one as infantry). IEDs, indirect fire, and death of a soldier from my platoon of which I was the platoon leader.​
-AD Navy now.​
-I was tortured (by DoJ's definition of the word) as a child. Diagnosed: multiple traumatic disorder(s) and ADHD.​
-My MH Provider's medical argument for Combat service has aggravated my MH issues that have existed prior to service.​
-20 years 6 months of service BUT roughly 11 years AD points per government math (since a lot of my 20 is reserve component).​
-PEB was *not* my idea. It was promoted repeatedly by my provider, who is also a convening authority.​
-2x LODs on record that ankle and back injuries were a result of combat service.​

Why I'm not optimistic about my chances of being helped by a 'PEB:'
-Not enough AD points (?)​
-Navy can easily argue combat duty was not during my current period of active duty (that it was during Army service) -OR-​
-Navy can argue that there's no clear evidence that military service has aggravated my mental health condition. Mental health cases, in general, are an open chance for the PEB to argue that it's a 'gray area' and therefore no definite link between my EPTS condition and specific events of military service that have aggravated my condition.​

Question: Can someone please help me understand how the EPTS principle is applied to MH cases? Your help sought and greatly appreciated.
 

Guardguy11

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
You have over 8 years of total active duty service so any condition you are MEB'd for will be considered as ILOD for the processing of your IDES. Even if they stamp it as NILOD-EPTS, they will put in the comment block "8-year rule applies. Process for potential MEB"

I will answer your other questions.
Why I'm not optimistic about my chances of being helped by a 'PEB:'-Not enough AD points (?)-Navy can easily argue combat duty was not during my current period of active duty (that it was during Army service) -OR--Navy can argue that there's no clear evidence that military service has aggravated my mental health condition. Mental health cases, in general, are an open chance for the PEB to argue that it's a 'gray area' and therefore no definite link between my EPTS condition and specific events of military service that have aggravated my condition.
Question: Can someone please help me understand how the EPTS principle is applied to MH cases? Your help sought and greatly appreciated.
- Don't worry about the AD points. If you get into the DES, your "points" aren't going to matter.
- Even if the Navy could argue that, they can't argue that it wasn't aggravated by your military service. Again, don't get too caught up with this aspect because the 8 year rule will apply to your LOD
- EPTS really sucks. It is used a lot and in my opinion does not line up with Regulations and Instructions. Both of which all say that they must have a "preponderance of evidence" showing it was not aggravated by service.

Again, look into that 8-year rule. I think it will be your saving grace.

Godspeed
 

USNMarv3lg3mh33l

PEB Forum Regular Member
Registered Member
Thank you very much for this response. Make me calmer after reading it. I do have an anxiety issue so that likely contributed to how I wrote my post, but I'll keep all of this in mind.

All the best.
 
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