Posted on Oct 6, 2020
How do I appeal the PEB determining that I am unfit for duty?
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Last year I spoke up during a PHS that I was recently diagnosed with postpartum depression and postpartum psychosis. The PEB investigated and although my civilian psychiatrist and PHA/MHA person for the Army all noted me as stable and non medication dependant with no lingering, apparent diagnosis, they found me unfit. I want to appeal, but I'm not sure how. I read about presenting new evidence, finding legal errors they made, and/or personal statements. I need advice please!
Posted 4 y ago
Responses: 5
Are you, or did you, undergo a MEB with regard to this? If so, you had a MEB attorney who could/would advise you. Did you receive a DA199? If so, you had the option of disagreeing with the informal board and requesting a formal hearing.
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LTC Trent Klug
SPC (Join to see) Did you undergo a medical evaluation board? Did you sign a DA 3947? That is the form that identifies your medical conditions that meet or don't meet retention standards. Do you have a profile that has a S3 and the block 24f marked?
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Did the PEB recommend a MEB- normally they do. Contact Jag and ask them. There may be nothing you can do till the MEB.
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LTC Trent Klug
The MEB is the initiator, not the PEB. The MEB determines the medical conditions that meet or don't meet retention standards. The PEB determines fitness based on the MEB and the relative medical records, the DA 3349, the VA C&P exam results, and other records.
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