DD Form 2808 phase 2 physical help?

Tue, 21 Jun 2016 08:42:57 -0400

My leadership is trying to separate me right now and I went to my exam and the doctor told me that I was unfit to get chaptered and had to stay in and get fixed or get a MEB. On page 3 of 3 block 74a of DD Form 2808 the doctor put " Is not qualified for service" and next to it, it says " Chapter 3-30 (9)". My leadership still is trying to separate me. What do I do now? Was the doctor wrong? They are trying to chapter me out via chapter 18.

Response by MSG Private RallyPoint Member made Jun 21 at 2016 9:51 AM

MSG Private RallyPoint Member — Tue, 21 Jun 2016 09:51:33 -0400

If you have not done so, then contact JAG. Have your doctor speak with JAG. Have your doctor speak with your command. Have your JAG Rep speak with your command. If all else fails, contact your Rep in Congress.

Response by COL R. Bruce Chisholm made Jun 21 at 2016 10:28 AM

COL R. Bruce Chisholm — Tue, 21 Jun 2016 10:28:04 -0400

I always lived by "read the book". From your post, the doctor performing your physical for separation cited AR40-501 chapter 3-30. There is no 3-30(9) that I can find. The first sentence of 3-30 says "The causes for referral to MEB are as follows:" it goes on to list a large number of neurological issues. Without invading your privacy, and if your reading of the doctor's comment is accurate, the doctor was doing a physical using retention standards (Chapter 3) and the finding was something that triggered a MEB, which will pause the separation action under AR635-200.
As a commander, I made a point to Soldiers pending any action to let them know the best and worst outcome. Read the regulation, ask informed questions and you'll be prepared for the next step. Going to JAG, IG, member of Congress are all outlets of support but none can fix anything in 3-30 or Chapter 18.

Response by SGT Alicia Brenneis made Jun 21 at 2016 12:42 PM

SGT Alicia Brenneis — Tue, 21 Jun 2016 12:42:09 -0400

Go to legal. Once a MEB is recommended or begins, all other separations stop even if caused by UCMJ action. A soldier pending MEB can not be separated under any other circumstances until MEB is concluded.