URGENT-Seperation from Full Time National Guard Duty (AGR) During MEB

brookstedd

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I'am currently a SGT in CT Army National Guard who has served 10 years and is AGR (Active Guard Reserve) with one tour to Afghanistan. My MEB/PEB was initiated about a month or two ago for Major Depressive Disorder/PTSD. Currently I received notification from my company commander that they were initiating and have initiated involuntary separation from my AGR Tour. I reached out to my Trial Defense Attorney and he found in NGR 600-2 Chapter 6-2 that if I'm in IDES which I am they cannot separate me until MEB/PEB has concluded. Looking for anyone that may be able help in this matter please! Medical Separation.PNGDODI 1241.01.PNG
 

Josh C

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This gets really complicated

What I've seen happen in the Guard world both Army and Air as well as full time technicians is that they will tell you that you are in a MEB but that isn't necessarily the truth. Unless you have been assigned a PEBLO and signed your Paperwork your not in a MEB.
 

Maddog123

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Your right in many situations...in situations like this, technicalities matter...exact date the P3 profile was signed with 2nd signature...when the DES packet went to MEBTO and approved...I have seen admin sep packets be denied because after further research, the soldier was in fact technically in the DES system....each case is specific based on each individual circumstances.
 

Josh C

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its a big issue. They did an audit on the state of California and there LOD process and they found that something like 78% of the LODS summitted weren't processed correctly and from what I've seen is tons more are never even started. So if you get injured and don't have the correct paperwork its becomes extremely difficult to get any of the benefits you are entitled to. I know of at least 5-6 guys in my unit that happened to.

Its hard because there are so many differ ways the situation can play out Traditional/Guard/Technician . When you suffer from Mental health issues that can manifest in a lower work production , you can forget to do simple tasks or difficultly working with others. If your leadership doesn't support you they can use your lower work production as a reason to try to separate the member. its really important to understand the medical process. if your being told something that you don't think is correct be respectful and get in contact with the experts/ advocates early on in the process.
 

heathro1281

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EDITING to include, I am also a member of the CA ANG.
I can witness to attest, the USE of the term MEB locally to me has meant "You are being evaluated for an MEB" my squadron and I have believed, and stated I had been in a "MEB" since 2016, only to find out the MEB officially didn't start until 2018... 2 years of paperwork on medical record "evaluations" led to 2 years of stigma that I was malingering and dragging it out. Only to then get a PEBLO and a OAC contact to see the real MEB process take all of 6 months. I spent 2 years trying to prove I am not an expert in the medical field and have no clue on why my MEB was not moving forward.

The use of the term "I am being MEB'd" and the actual process of an MEB are 2 totally different things and a culture change needs to happen to drop the term of "I am being MEB'd" when we should really be stating that "I am being evaluation for entering IDES (which includes the MEB process)" --- A code needs to be developed to protect individuals from the stigma of the Pre-MEB process taking months to years before the MEB is officially begun.
 
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