The law is specific in where it states no individual can stay on TDRL for a period longer then five years. For me this was the case. I was removed after five years with no notification or call for an exam. It was only after trying to get a new ID card that it was pointed out to me that I was removed. That was after nearly 6 1/2 years of being removed from active duty and being place on TDRL. I had already waved my military retirement for VA Comp and was receiving all pay and benefits from the VA so I did not feel any affect of the removal. I did get my ID card with a letter that was sent to me but never received my discharge from service DD 256.
The military by law is required to do one of several things
before the expiration of five years. Those items are clear. The question is what if I do not get an exam, and what is my status. Legally you should be reinstated and or transferred. Only if it is not because you missed an appointment.
I am going through this right now. I was placed on TDRL in March of 1989 and went to one exam and never was recalled for another until I pushed for one and it was not a real exam nor was given a chance to rebut the findings. That was late in 1995. I have yet to receive a discharge certificate (dd 256). A dd 214 is a separation from active service not a discharge from the military. Without a dd 256 the dd 214 is worthless.
See below
10 U.S. CODE § 1214
no member of the armed forces may be retired or separated for physical disability without a full and fair hearing if he demands it.
http://comptroller.defense.gov/Portals/45/documents/fmr/archive/07barch/07b_11_Apr00.pdf
1106 TERMINATION OF TEMPORARY DISABILITY RETIRED PAY 110601.
The disability retired pay of a member terminates on the earlier of:
A. The date of removal from TDRL because of
1. Recall to active duty,
2. Resumption of status in Fleet Reserve and Fleet Marine Corps Reserve,
3. Appointment, reappointment, enlistment, or reenlistment,
4. Physical examination in which the member is found fit for duty or the disability is less than 30 percent; or
B. Upon the expiration of 5 years after the date when his or her name was placed on the TDRL.
A Veterans discharge paperwork is their ‘golden ticket’ to resources. At every level, federal to local, agencies are going to ask for proof of service. it is usually easy to obtain the necessary paperwork providing proof of service. Depending on the type of military service, several different documents prove this, .
Discharge documentation include:
DD-214:
A DD214 is a separation from Active Duty. By definition, it is only received after discharging from an
active duty status. Most people outside the military, and even many Veterans – do not realize the difference between a DD214 and other discharge paperwork, because of this many services mistakenly require it as proof of qualifying service.
This DD214 is not a final discharge though, and typically isn’t sufficient to prove qualifying military service.
Reservists and National Guardsmen/women will have received a DD214 other than the initial training DD214 mentioned in the last paragraph only if they have been activated into an active-duty status, usually under Title 10 orders.
DD256:
Traditional Reservists - those that served their entire contract without an activation, will not have received a DD214 except for the one they received at the completion of their initial military training (boot camp, basic training, job school). In the absence of a federal activation, the only discharge paperwork these troops will receive is a
DD256 – Honorable Discharge Certificate. Unlike a DD214 or an NGB22, the DD256 does not elaborate on any aspect of military service, it is merely a statement of honorable service. Another key difference between the DD256 & the DD214/NGB22, is that it is only issued after the completion of the entire service contract.
So to sum up the questions of STG2 Warren, Can I request a new PEB to be found fit again?
Yes