USCG MEB...a mess from the start

JTCG2006

Registered Member
#1
Okay, I’m going to keep this as short as possible. I was in the Coast Guard for over 18 years and was discharged on the weight program but never received a discharge physical or anything I was entitled to. 6 months later I was diagnosed with type 2 diabetes it was then that I contacted the Coast Guard and requested reinstatement because type 2 diabetes causes weight gain. I was told to appeal to the BCMR which I did and the BCMR put me into a MEB even though I’m a civilian. All of these boards I’ve gone through have found me fit for full duty even though there is nothing in my medical record after April of 2004 (I was discharge in August of 2006). I was told that after the IPEB for me fit for duty that I was not entitled to a FPEB I could only rebut the findings, which I did…been through the PRC and back to the IPEB but now that I’m at the Disability Appeal board the Coast Guard decided that they want to give me a formal board. This does not follow policy and has me extremely worried. If I go to this “illegal board” does that mean I’m allowing them to not follow policy and if I don’t go will that be held against me later on in the process if this board doesn’t find for me? Speaking of which wouldn’t the decision be illegal if the board is not part of policy?
I’ve been at this for about 6 ½ years now. This has been a nightmare for me...FOIA requests lost, my actual record not my medical record but my PDE has been lost with the exception of all my bad page 7’s, contract and DD-214. Every step I take I get knocked back 5.
Before I get too far into this I would just like to know if the board they are giving me is not in line with policy and I go am I setting myself up for them to say I went to the board so he allowed it. And what if they do find for me? Will it be legal? Will it comeback and haunt me in a few years after some other CG lawyer looks at it? I’ve got CG counsel that says this is the best way for me to get my retirement…so not following policy, which got you and I into this mess to begin with, is the answer to get us out. Really? I’m worried and unsure what to do. Any advice would be appreciated
 

JTCG2006

Registered Member
#3
I want my retirement...my full retirement. I had over 18 years in and should have been able to request retension under Chapter 17 of the Personnel Manual. From what I have found out if your overweight in a DoD service and have over 18 years you are considered not fit for duty and fall under a safe harbor clause. The Coast Guard, on the other hand, considers you non-compliant of an order.

This whole situation could have been avoided if they had completed my discharge physical as required by policy. I also was going to make Chief (E-7) that January. Got robbed of that too.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#4
First off, you have an attorney, so I would consult with that attorney on this point.

As for your questions, it is hard/near impossible to say without reviewing all of your case documents. That said, not going to a board that the CG ordered to convene as relief in your case seems like a bad idea- not going will likely hurt your case, going may help it, and if you and your counsel really think its important, you can lodge your administrative objections before the board. If you don't, you may likely waive this argument in later proceedings- which is the same outcome if you don't appear and present your issues in the first place.

You have complicated issues- I would consult with your attorney on these points. There are way too many issues to give any meaningful thoughts on a forum in a few posts. (And recall, the Terms of Service of this forum state clearly that nothing on this site should be relied on as legal advice).
 

JTCG2006

Registered Member
#5
My attorney is in the Coast Guard. I find it extremely hard to trust anyone that wears the uniform after all of this. They say it is the best option...for who? If this board does not find for my it just tacked on about 2-3 years to this process. (average 8 Months for decision to be made, 1 month to get it), if I go to the appeals board then I cut the Coast Guard out of the equation and just fight with the BCMR or Courts if that is what it comes too.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#6
My attorney is in the Coast Guard. I find it extremely hard to trust anyone that wears the uniform after all of this. They say it is the best option...for who? If this board does not find for my it just tacked on about 2-3 years to this process. (average 8 Months for decision to be made, 1 month to get it), if I go to the appeals board then I cut the Coast Guard out of the equation and just fight with the BCMR or Courts if that is what it comes too.
It is clear cut Federal law that any issues not raised before an administrative board are waived on later appeal (the case is called Metz, out of the Court of Appeals for the Federal Circuit...you can find it posted on this site if you search for it). Essentially, you can't raise an issue for the first time on appeal when you had an opportunity to raise it before.

I would be wary of waiving arguments by not presenting them when you can.
 

JTCG2006

Registered Member
#7
Mr. Perry,

I do plan to go. It is the lesser of two evils. If I show up do I say the board is legal...not really, I'm just doing my best to end this. If I don't show up, I'm not taking the case seriously enough. I know, after 6 1/2 years of this, how they think and manipulate the process. it is truely sad that after 18+ years this is how I'm or any servicemen is treated in the end. So much for loyalty and we take care of our own. Just words...
 
#8
I am a diabetic and want to enlist i take insulin shots, but not daily. when I work out i don't need the shots because my sugar levels are normal but once I stop working out the levels increase, since the military is a lot about fitness and I am in shape can I enlist or is there a way I can perhaps sign a waiver? Any help will do thank you
 

JTCG2006

Registered Member
#10
I do not believe the Coast Guard will allow you in if you have to take shots. If your diabetes is controled by oral medication or by restricted diet/physical fitness then you may be able to get a waiver. Being on insulin makes you unfit for worldwide assignment. Whether you can jion with this condition, you will have to talk with a recruiter. everything I understand the Coast Guard to do is when you are already on active duty.

Good Luck
 
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