My timeline so far with ABCMR and the Process

My timeline so far with ABCMR and the Process

ricotubbs
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Joined: 18 Jul 2013, 01:23

23 Oct 2015, 15:13 #1

You can see my post on this board regarding my discharge but I wanted to provide an up date as to my situation as I feel it could help others in their appeal to the ABCMR. Bottom line is that if you were ever seperated from the guard for conditions that were sustianed in the LOD, you need to to take a close look at your situation.

After 14 years of total military service I was separated from the National Guard in May 2012 under Honorable conditions for PTSD as well as TMJ as both preveneted me from being in. ("23. AUTHORITY AND REASON
NGR 600-200, 6 351 Medically unfit for retention per AR 40-501/NGR 600-200, 6-36s Placement on the permanent disability retired listi/NGR 600-200, 6-36u Failure to obtain required physical per AR 40-501" )Both were considered service related and both had LODs on file.

After researching some information I discovered I should've been medically separated and in March of 2015 I submitted my packet to the ABCMR. I also contacted a veterans legal group called NVLSP which is a nonprofit that consist of lawyers from around the country. They have a central intake point where your documents are scanned in and legal experts can go in and look at your file and decide if they can assist you at no charge. You have limited contact with the actual attorneys but do have a liaison which acts as the go between.

In July 2015 I Received a response from ABCMR essentially telling me it would take no further action on my case as I did not exhaust all my options on the state level and directed me to the State Adjutant Generals office. I sent an email to the NVLSP to see if they can still represent me and they assured me that it would have no effect on their ability to represent me if they chose to do so.

In August 2015 I submitted my packet to the ARNG IG as well as contacted my local state senator. Within a day I received a response from the Senators office and was assigned a case manager within the office.

In October 2015. I received a response VIA the Senators office from the State Adjutant General. Below is the response from the Generals office:

"Dear Senator XXXXX,

Reference your inquiry letter dated on July 29, 2014 in regards to Mr. XXX. My staff has reviewed this case and has taken action to resolve the issue.

Mr. XXXX sent a letter to your office requesting assistance with his appeal to correct his service record. In the letter, Mr. XXX stated early in 2015 it came to his attention that the process used to discharge him was not in accordance with the Army regulations resulting in his loss of benefits including retirement and Tricare. He stated he was processed under administrative separation regulations when he should have been discharged in accordance with medical regulations. Mr. XXX requested that if the XXARNG believes everything was done within regulation that they inform him in writing to justify the denial.

My staff reviewed Mr. XXXX supporting information regarding his appeal to correct his service record. Mr. XXX Commander requested a review of his medical records on 18 November 2011, to be conducted by the XXARNG State Surgeon to determine if the Soldier met current retention standards of Aimy Regulation 40-501. The XXARNG State Surgeon, reviewed Mr. XXXX medical record on 2 December 2011, and determined he did not meet the Army medical retention standards due to his current medical condition.

The Health Systems Office reviewed Mr. XXXX medical records to determine if he had medical records relevant to a Line of Duty Investigation (LODI) for the condition he was considered unfit for a thorough review of Mr. XXX medical records indicated that be did not have any documents available to support a LODI.

On 1 March 2012, his unit was notified that he did not meet medical retention standards. On 2 March 2012, Mr. XXXX signed his counseling statement that be did not desire to appeal his separation. He declined remaining in the military to obtain 15 years of service to be eligible for a pro-rated retirement at age 60. Mr. XXXXX medical records that he provided along with all other medical records on file were reviewed and the proper disposition was made. Mr. XXXX did not have any supporting medical documentation to suppott his claim and the service member did not appeal his separation.

Army Regulation 40-501 underlines the medical retention standards. A thorough investigation was initiated and completed in accordance within the Army regulation. Mr. XXXX may appeal to the Army Board for Corrections of Military Records for a review of his discharge through the following address:

Army Board for Correction of Military Records 251 18111 Street South, Suite 385
Arlington, VA 22202-3531

Thank you for your continued support of the XXXXXXXX Army National Guard and the United States Armed Forces."


My response was as follows:

"I received the response from General XXXX which I have attached to this email. I do intend to appeal this to the ABCMR but wanted to address a few things listed in the letter.

In paragraph four of the letter, General XXXX states that there was no LODI on file for issues I was recommended discharged for. This is incorrect. I was recommended for discharge for two reasons. First issue was PTSD, which is combat related and documented. The second issue, was the TMJ which prohibited me from wearing the combat helmet. This issue arose during my last deployment where my jaw locked up for numerous days until at which time I went to sick call. Not only was there an LOD on file, I included it in the paperwork I submitted. Both issues happened in the line of duty and the evidence was there to verify this.

Paragraph five of the letter General XXXX again states that I signed the counseling statement declining my appeal as well as the 15 year early retirement rule. This is irrelevant as I had no desire to appeal the separation. The very fact that it was a separation when in fact it should have been a medical retirement, is what is being argued. In response to the 15 year remark, this appears to be a reference to the provision in 10 USC 12731B that allows one with 15 years reserve/NG to be retired for a non duty related condition. However, given my conditions were service connected and rated by the VA, this is not applicable to my case.

Once again the argument is that I failed retention standards per chapter 3-33 of AR 40-501 and that such a failure required a submission to a MEB per 3-3 of AR 40-501.

3–33. Anxiety, somatoform, or dissociative disorders
The causes for referral to an MEB are as follows:
a. Persistence or recurrence of symptoms sufficient to require extended or recurrent hospitalization; or
b. Persistence or recurrence of symptoms necessitating limitations of duty or duty in protected environment; or
c. Persistence or recurrence of symptoms resulting in interference with effective military performance.


Chapter 7 of AR-40-400 on which MEBs are regulated states

“Physicians who identify Soldiers with medical conditions not meeting fitness standards for retention will initiate a DA Form 3349 referring them to the Physical Disability Evaluation System (PDES). Soldiers issued a permanent profile with a numerical designator of 3 or 4 in one of the physical profile factors who meet retention standards are referred to the military occupational specialty (MOS)/medical retention board (MMRB). If the Soldier does not meet retention standards, an MEB is mandatory and will be initiated by the physical evaluation board liaison officer (PEBLO). MEBs are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the member's medical status. MEBs must be completed expeditiously. Not all MEBs require adjudication by a PEB; those that do must be completed and forwarded to the PEB within 30 days from dictation of the narrative summary ( SF 502 ). The 30-day DoD standard is a sub-component of the USAMEDCOM 90-day standard; the proponent for this standard is the MEDCOM Patient Administration Division ( pad.USAMEDCOM@cen.amedd.army.mil ). For all MEBs, processing will not exceed the 90-day standard. This 90-day interval begins on the date the profiling officer signs the permanent profile (first signature of two required) that refers the Soldier into the MEB/PEB process and ends on the date the MEB packet is mailed to the PEB. MOS/MMRB ( AR 600-60 ) results requiring referral to an MEB should be transmitted expeditiously to the MTF commander. For MEBs referred by the MMRB, the start date for the 90-day interval begins on the date the Soldier's packet is received at the MTF from the MMRB Convening Authority and the ending date is the date the packet is mailed to the PEB. Decisions regarding unfitness for further military duty because of physical or mental disability are prerogatives of PEBs (see AR 635-40 ). MEBs will not express conclusions or recommendations regarding such matters. However, entrance physical standards boards (EPSBDs) will make decisions as to the member's fitness or unfitness for enlistment or induction."




As of this date I have resubmitted my application to the ABCMR. I also received a response from the State IG stating she was still looking over the documentation. But more importantly I received a reply from the NVLSP liaison who requested I send a copy of the Generals letter and advised me a note had been made by one of the attorneys who looked at my case who obviously is on the same page as me. .

"I have reviewed the intake documents for a preliminary screening of the XXXX BCMR case.  I think that we should request the veteran’s VA claims file and military personnel file and then re-screen for placement.  It is noted that the veteran already has a pending application before the ABCMR.  We may need to wait for a decision and then try to assist the veteran with a reconsideration.  The veteran was a member of the XX National Guard and seemed to have duty-related conditions from a 2009-2010 deployment to Iraq.  The veteran was issued a permanent profile in 2011 that noted the need for a MEB.  I am not sure what happened but XXXX was discharged from the National Guard without an MEB/PEB in May 2012.  We need to further evaluate why the veteran was discharged without an MEB/PEB when he seems to have conditions that warranted evaluation through the disability evaluation system. "

There is a lot of pivoting going on right now but movement none the less
Last edited by ricotubbs on 23 Oct 2015, 16:14, edited 4 times in total.
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ricotubbs
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Joined: 18 Jul 2013, 01:23

26 Oct 2015, 14:36 #2

Update on 10/26. Spoke with the IG again this morning. She informed me that because I contact congress that there is little she can do but brought up a couple documents.

One was a "Notice of Separation" that I signed when I was being discharged. The document bullets are below

ACKNOWLEDGEMENT OF NOTIFICATION OF SEPARATION
1. I acknowledge receipt of the memorandum informing me of my separation.

2. I understand that I will be separated from the XX Army
National Guard if I do not respond to this memorandum within the suspense date.

3. I do not desire to appeal my separation.

4. I will not submit additional medical documentation on my behalf through
my unit (Health Systems Specialist Office).


I informed the IG that I was informed that this document was if I wanted to appeal my separation and continue to serve in the Guard. At no time was I ever briefed about a line of Duty or the units intention to process me out through the MEB board. I was told that if I stayed in an additional eight months then I would be eligible for early retirement.

The State IG requested I hold off on the ABCMR process until she exhaust all her options regardless of the fact I contacted congress. She is going to investigate on whether an LODI was initiated and if not seek further guidance on why
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ricotubbs
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Joined: 18 Jul 2013, 01:23

11 Nov 2015, 01:37 #3

This is not so much an update as it is a diatribe on the guard or so called leadership in the military.

State IG requested some documents regarding my enlistment dates in the military today. As I was retrieving them from ebenefits I noticed that on November 4th that the guard updated my NGB 22 or as they put it a "correction". Long story short the basically changed the reason I was discharged to align with what they are saying. i know that this is just them doing their CYA and that its all dog and pony but it went right through me. 

This is the culture that drives people out and away from the military. As a soldier and as a human being, the thing to do is right your wrongs. When you make a mistake you face it and own it. We are taught "Do the right thing" but see few follow through with the ethos they preach. I have shown them their errors and even given them the benefit of the doubt on their ignorance, believing they truly did not understand the process. Though I thought I stepped away from this bullshit when I was discharged, seeing the "correction"  on my service records has definitely given me a sense of purpose. That purpose being showing these so called leaders that when you make a mistake you correct the injustice not try to rewrite its history. I will win and the reason I will win is because I did the right thing.

 
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jwon
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Joined: 28 Oct 2015, 20:02

11 Nov 2015, 18:00 #4

Let us know how this case turns out.  I have a very similar case pending in the system.  I was involuntarily discharged due to the QSP process, and did not have the required 15 years of active service to request an early retirement.  I was diagnosed with PTSD towards the end of my career, and did not have enough time to be treated prior to me moving on my terminal leave date.  My unit had deactivated a few months before I separated, which left me in limbo.  There was no follow through to initiate a Med board, which was addressed and allowed as stated in the letter I received from my QSP memorandum.  I am asking for a medical retirement instead of an involuntary discharge.  Kind of on the same lines that your case is on.  My case is up at the ABCMR and has been since May of this year.  I had another case to reinstate me and allow me to retire concerning the evaluation I got while in service that was a result of a Congressional Inquiry.  Those cases are nearly impossible to prove.  Good luck on your case. 
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ricotubbs
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Joined: 18 Jul 2013, 01:23

12 Nov 2015, 17:58 #5

jwon wrote:
Let us know how this case turns out.  I have a very similar case pending in the system.  I was involuntarily discharged due to the QSP process, and did not have the required 15 years of active service to request an early retirement.  I was diagnosed with PTSD towards the end of my career, and did not have enough time to be treated prior to me moving on my terminal leave date.  My unit had deactivated a few months before I separated, which left me in limbo.  There was no follow through to initiate a Med board, which was addressed and allowed as stated in the letter I received from my QSP memorandum.  I am asking for a medical retirement instead of an involuntary discharge.  Kind of on the same lines that your case is on.  My case is up at the ABCMR and has been since May of this year.  I had another case to reinstate me and allow me to retire concerning the evaluation I got while in service that was a result of a Congressional Inquiry.  Those cases are nearly impossible to prove.  Good luck on your case. 
 

The medical retirement at 15 years is if your injuries are NOT in the line of duty. They tried that shit on me and its just not how things are supposed to go. What does it say on your discharge for the reason discharged ?
Last edited by ricotubbs on 12 Nov 2015, 18:32, edited 1 time in total.
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jwon
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Joined: 28 Oct 2015, 20:02

13 Nov 2015, 22:27 #6

ricotubbs wrote:
jwon wrote:
Let us know how this case turns out.  I have a very similar case pending in the system.  I was involuntarily discharged due to the QSP process, and did not have the required 15 years of active service to request an early retirement.  I was diagnosed with PTSD towards the end of my career, and did not have enough time to be treated prior to me moving on my terminal leave date.  My unit had deactivated a few months before I separated, which left me in limbo.  There was no follow through to initiate a Med board, which was addressed and allowed as stated in the letter I received from my QSP memorandum.  I am asking for a medical retirement instead of an involuntary discharge.  Kind of on the same lines that your case is on.  My case is up at the ABCMR and has been since May of this year.  I had another case to reinstate me and allow me to retire concerning the evaluation I got while in service that was a result of a Congressional Inquiry.  Those cases are nearly impossible to prove.  Good luck on your case. 
 

The medical retirement at 15 years is if your injuries are NOT in the line of duty. They tried that shit on me and its just not how things are supposed to go. What does it say on your discharge for the reason discharged ?
My narrative reason is:

Insufficient Retainability (Economic Reasons)

I was pushed out due to the QSP process.  I was given an honorable discharge, and involuntary separation pay.  I have had to pay back the separation pay through my VA disability and despite being out for a year and a half, I have yet to collect a single payment despite being 80% disabled currently (on appeal).  I feel like I lost my career, and my unit did not carry through with a Med board despite me being treated for severe PTSD when I was still in uniform.  I found out I was being discharged when we got back from a pretty rough deployment to Afghanistan.  I was a Platoon Sergeant, and we lost a couple of guys.  They should have initiated a Med Board, but instead just let it go because I was already getting out.  That is the wrong answer.  I was not given due process.  I am asking for a Medical retirement instead of the discharge I was given.  I gave the ABCMR all my medical records on a disc.  Those included my treatment records from the VA where I just had a C&P exam and was recommended for the 100% rate on the DBQ.  "Total occupational and social impairment".  Things are looking up, and the more I look at my case, the better off I feel I have brought the case against the Army.  The board will have to show where protocal, or policy was followed, for which it was not.  I am hoping for a good outcome on mine, and good luck on yours. 
Last edited by jwon on 13 Nov 2015, 22:35, edited 1 time in total.
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ricotubbs
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Joined: 18 Jul 2013, 01:23

23 Nov 2015, 22:57 #7

So the IG sent me a letter today and the first time I read it I was pretty livid but I read it again and again and its basicially sides with me.

I was going to post the letter but honestly its just to much work right now. SO I will summarize..

When the State Surgeon general stated I was no longer retainable it was forwarded to the MILPO.

The MILPO then drafted a memo and sent it to my unit. What happened next was where things were done incorrectly.

My unit then used the MILPO letter to counsel me that I was no longer eligible to be in the guard. At no time did they offer me the option to contest my case whether my conditions were LOD or not. The statement they used was the memo addressed to them from the MILPO office.

What should have had happened was a memo be drafted by my unit addressed directly to me. Along with that memo should've come a policy memorandum along with a checklist which offered me the option to state whether my conditions occurred in the Line of Duty or not then gave me 30 days to offer my evidence. I obviously never received this checklist and therefore never had the opportunity to plead my case. I was told either get out with nothing or stay in another year for a partial retirement which Maparker pointed out was a regulation the applies to non duty injuries.

Im in the process of drawing up my case not. No word from NVLSP so I roll on alone.
Last edited by ricotubbs on 27 Nov 2015, 17:29, edited 1 time in total.
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ricotubbs
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Joined: 18 Jul 2013, 01:23

01 Dec 2015, 21:17 #8

Packets on its way to ABCMR...again
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ricotubbs
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Joined: 18 Jul 2013, 01:23

06 Jan 2017, 23:58 #9

So 13 months later. No response. I'm taking no news a good news that it's being considered. 
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ricotubbs
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Joined: 18 Jul 2013, 01:23

17 Jan 2017, 10:37 #10

Judging by the case numbers posted on the af.mil website, my case should've been boarded in May 2016. Once again, I think this is a good sign.
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ricotubbs
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Joined: 18 Jul 2013, 01:23

22 May 2017, 17:54 #11

Update- received a decision from ABCMR

They kicked my case to the Head of the national
guard in Arlington VA.


of course. Only took them 18 months
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ricotubbs
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Joined: 18 Jul 2013, 01:23

11 Sep 2017, 16:28 #12

Word today came VIA phone call followed by an email.

Appeal approved. Waiting on orders to go to where ever to wrap this up
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Nick
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Joined: 27 Feb 2011, 02:04

11 Sep 2017, 19:42 #13

That is long delayed good news.
Nick
USAF RETIRED
100% P&T
100% CRSC

Complete layman - not a VSO and not a VA employee.
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ricotubbs
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Joined: 18 Jul 2013, 01:23

12 Sep 2017, 11:29 #14

Nick wrote: That is long delayed good news.
They actually tried to send it to the national guard headquarters who then sent it back and told them to resolve the issue. Definitely a very long drawn out process and have a feeling I'm only half done
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okichewy1
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Joined: 20 Mar 2017, 13:13

12 Sep 2017, 15:48 #15

Wow, read through this and what a crazy, long but worthwhile process for you.  Congrats on the long hard fought win. 
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ricotubbs
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Joined: 18 Jul 2013, 01:23

12 Sep 2017, 16:18 #16

okichewy1 wrote: Wow, read through this and what a crazy, long but worthwhile process for you.  Congrats on the long hard fought win. 
I completed the final paperwork this morning to start the process for getting invitational orders. The bottom of the decision stated that the ARNG does not concur with this decision. Makes the victory even sweeter. The IG and the ABCMR both sided with me. Make a mistake then you own it.
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razsniper
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Joined: 12 Sep 2017, 19:46

12 Sep 2017, 20:48 #17

Ricotubbs, 
I so feel for you man,  and I am in the same boat, and to know what your time line is, gives me the shivers.  I am with the CALIFORNIA Guard and am being railroaded by the SSO and the State Surgeon Admin there.  The LOD Investigator ruled in LOD, but the JAG office said NOT in Line of duty.  So the SSO put me in for a NDR-PEB for Adjustment Disorder.  Mind you I am already rated 100% P&T VA (And if you were to add it all together straight down it comes to 310%).  And of course I was on the Bay Area NBC News talking about the delay in the LODs that CA has, which Formal LODs should be 90 days and mine was already at like 250 at that time. 
My appeal for LOD went to NGB, HRC, and now I have to goto ABCMR.  That is if my NDR-PEB Formal appeal gets denied at the next level too.  SOOO long story short.  Thanks for letting me know how long I have to wait on an ABCMR.  Oh another tidbit is, IF I am found IN LOD, my last job I held was with the NG, and IF found LOD, then the NG will have to pay me INCAP pay, and at the E6 level, so hopefully that will come to fruition.  
100% VA P&T
2 SMC's
Marine
Army
Air Force
Army National Guard
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ricotubbs
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Joined: 18 Jul 2013, 01:23

13 Sep 2017, 17:10 #18

razsniper wrote: Ricotubbs, 
I so feel for you man,  and I am in the same boat, and to know what your time line is, gives me the shivers.  I am with the CALIFORNIA Guard and am being railroaded by the SSO and the State Surgeon Admin there.  The LOD Investigator ruled in LOD, but the JAG office said NOT in Line of duty.  So the SSO put me in for a NDR-PEB for Adjustment Disorder.  Mind you I am already rated 100% P&T VA (And if you were to add it all together straight down it comes to 310%).  And of course I was on the Bay Area NBC News talking about the delay in the LODs that CA has, which Formal LODs should be 90 days and mine was already at like 250 at that time. 
My appeal for LOD went to NGB, HRC, and now I have to goto ABCMR.  That is if my NDR-PEB Formal appeal gets denied at the next level too.  SOOO long story short.  Thanks for letting me know how long I have to wait on an ABCMR.  Oh another tidbit is, IF I am found IN LOD, my last job I held was with the NG, and IF found LOD, then the NG will have to pay me INCAP pay, and at the E6 level, so hopefully that will come to fruition.  
  I had originally submitted it to the ABCMR. They returned it and stated I had to go to the State ARNG and if they didn't resolve the issue, appeal to them. Which I did so.

The guard went against me and said they did nothing wrong. The State IG said otherwise and even wrote in great detail about what exactly they did wrong.

I took those results and resubmitted my packet back to ABCMR. Two years later they sent a decision back stating I had to appeal with the head of the ARNG and same thing, if not resolved then resubmit. (It was their way of passing the buck)The POC they put on my paperwork stated they don't even handle those issues.

Just so happened one of her coworkers knew someone in ABCMR and had my case administratively reopened and now I am where I am. Had they not did so I would've had to resubmit and wait another 2 years. The fact the guard stated they don't concur is what I think is funny. Its almost impossible to win a case at ABCMR but I did so. Not only did the IG say you were wrong, so did the board. Own your mistake and do the right thing
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razsniper
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Joined: 12 Sep 2017, 19:46

13 Sep 2017, 20:16 #19

ricotubbs wrote:
razsniper wrote: Ricotubbs, 
I so feel for you man,  and I am in the same boat, and to know what your time line is, gives me the shivers.  I am with the CALIFORNIA Guard and am being railroaded by the SSO and the State Surgeon Admin there.  The LOD Investigator ruled in LOD, but the JAG office said NOT in Line of duty.  So the SSO put me in for a NDR-PEB for Adjustment Disorder.  Mind you I am already rated 100% P&T VA (And if you were to add it all together straight down it comes to 310%).  And of course I was on the Bay Area NBC News talking about the delay in the LODs that CA has, which Formal LODs should be 90 days and mine was already at like 250 at that time. 
My appeal for LOD went to NGB, HRC, and now I have to goto ABCMR.  That is if my NDR-PEB Formal appeal gets denied at the next level too.  SOOO long story short.  Thanks for letting me know how long I have to wait on an ABCMR.  Oh another tidbit is, IF I am found IN LOD, my last job I held was with the NG, and IF found LOD, then the NG will have to pay me INCAP pay, and at the E6 level, so hopefully that will come to fruition.  
  I had originally submitted it to the ABCMR. They returned it and stated I had to go to the State ARNG and if they didn't resolve the issue, appeal to them. Which I did so.

The guard went against me and said they did nothing wrong. The State IG said otherwise and even wrote in great detail about what exactly they did wrong.

I took those results and resubmitted my packet back to ABCMR. Two years later they sent a decision back stating I had to appeal with the head of the ARNG and same thing, if not resolved then resubmit. (It was their way of passing the buck)The POC they put on my paperwork stated they don't even handle those issues.

Just so happened one of her coworkers knew someone in ABCMR and had my case administratively reopened and now I am where I am. Had they not did so I would've had to resubmit and wait another 2 years. The fact the guard stated they don't concur is what I think is funny. Its almost impossible to win a case at ABCMR but I did so. Not only did the IG say you were wrong, so did the board. Own your mistake and do the right thing
Well that is my motto, perseverance will win the battles. I figure that I know I am correct, I know that I have the rules and regulations on my side. And I have had lawyers and other SME's look at the paperwork that actually work for these people and just shake their heads at what their bosses are instructing them to do.  That is why I know that email traffic was put in my packet that was sent to the NDR-PEB.  That is the smoking gun I believe.  Thanks for taking the fight to the end.  I will start my own thread once I start my ABCMR.

Congrats
100% VA P&T
2 SMC's
Marine
Army
Air Force
Army National Guard
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ricotubbs
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Joined: 18 Jul 2013, 01:23

13 Sep 2017, 21:31 #20

razsniper wrote:
ricotubbs wrote:
razsniper wrote: Ricotubbs, 
I so feel for you man,  and I am in the same boat, and to know what your time line is, gives me the shivers.  I am with the CALIFORNIA Guard and am being railroaded by the SSO and the State Surgeon Admin there.  The LOD Investigator ruled in LOD, but the JAG office said NOT in Line of duty.  So the SSO put me in for a NDR-PEB for Adjustment Disorder.  Mind you I am already rated 100% P&T VA (And if you were to add it all together straight down it comes to 310%).  And of course I was on the Bay Area NBC News talking about the delay in the LODs that CA has, which Formal LODs should be 90 days and mine was already at like 250 at that time. 
My appeal for LOD went to NGB, HRC, and now I have to goto ABCMR.  That is if my NDR-PEB Formal appeal gets denied at the next level too.  SOOO long story short.  Thanks for letting me know how long I have to wait on an ABCMR.  Oh another tidbit is, IF I am found IN LOD, my last job I held was with the NG, and IF found LOD, then the NG will have to pay me INCAP pay, and at the E6 level, so hopefully that will come to fruition.  
  I had originally submitted it to the ABCMR. They returned it and stated I had to go to the State ARNG and if they didn't resolve the issue, appeal to them. Which I did so.

The guard went against me and said they did nothing wrong. The State IG said otherwise and even wrote in great detail about what exactly they did wrong.

I took those results and resubmitted my packet back to ABCMR. Two years later they sent a decision back stating I had to appeal with the head of the ARNG and same thing, if not resolved then resubmit. (It was their way of passing the buck)The POC they put on my paperwork stated they don't even handle those issues.

Just so happened one of her coworkers knew someone in ABCMR and had my case administratively reopened and now I am where I am. Had they not did so I would've had to resubmit and wait another 2 years. The fact the guard stated they don't concur is what I think is funny. Its almost impossible to win a case at ABCMR but I did so. Not only did the IG say you were wrong, so did the board. Own your mistake and do the right thing
Well that is my motto, perseverance will win the battles. I figure that I know I am correct, I know that I have the rules and regulations on my side. And I have had lawyers and other SME's look at the paperwork that actually work for these people and just shake their heads at what their bosses are instructing them to do.  That is why I know that email traffic was put in my packet that was sent to the NDR-PEB.  That is the smoking gun I believe.  Thanks for taking the fight to the end.  I will start my own thread once I start my ABCMR.

Congrats
That has been my motto as well. Turtle wins the race.

I had an individual who worked for ABCMR look at it and say he would approve it if he still worked there. If the rules and regulations were not followed then they have no choice but to do the right thing. It pays off but they will try to screw you in the end. I will try to keep posting so you'll have an understanding of what to expect if you win. 
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Retired TopKick
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Joined: 20 Aug 2012, 04:13

19 Sep 2017, 22:19 #21

Congrats on the very long struggle. Your patience and research prevailed in the end. 
Retired TopKick
100% P&T + SMC-K
States Army (1974-2002)

"Never Make Anyone A Priority Within Your Life Whom Makes You An Option In Theirs!"
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