Posted on May 2, 2021
What steps I should be taking to ensure I get a med board, or should I just hire an attorney now?
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I am a reservist with 16 "good years" and rated at 90% VA disability from my active duty time. During my last PHA the physician said he would medical board me due to medical conditions and I replied great! I'm wanting to retire now. My problem is my ETS is in 3 months and I've heard nothing from medical after several inquiries and they don't/won't put me on no pay/no points status, which is all I really need to submit to the AFRC and I am eligible for retirement because I'm over the magic 15 mark. Can anyone tell me what steps I should be taking or should I just hire an attorney now?
Posted in these groups: 
Medical Board
Medical Board
Posted >1 y ago
Responses: 4
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An attorney isn't going to help you. A Med board is a medical referral not an admin or legal action to initiate it. If you're only 3 months away you don't have enough time to process a MEB. You'll usually have to reenlist or extend long enough to start the MEB process, once it's started then your PEBLO can get an ETS extension for you.
There is no magic 15 year mark. Retirement is 20 years unless you are medically retired.
There is no magic 15 year mark. Retirement is 20 years unless you are medically retired.
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MSgt (Join to see)
4.17. Inactive Status List Transfers. Per 10 U.S.C. § 1209, ARC members approved for
disability discharge under 10 U.S.C. § 1203 or 1206 and who have 20 or more years of
satisfactory federal service computed under 10 U.S.C. § 12731 may elect either Discharge with
Severance Pay or transfer to the retired reserve to await retired pay at age 60 under 10 U.S.C. §
12732. Per 10 U.S.C. § 12731b, Selected Reserve members who have 15, but less than 20 years
satisfactory service may apply for early qualification for retired pay at age 60.
Yes, and I'm trying to medically retire as I am deemed unfit. I'm looking for any advice or experience on getting the no pay/no points memo and I'll happily go away.
disability discharge under 10 U.S.C. § 1203 or 1206 and who have 20 or more years of
satisfactory federal service computed under 10 U.S.C. § 12731 may elect either Discharge with
Severance Pay or transfer to the retired reserve to await retired pay at age 60 under 10 U.S.C. §
12732. Per 10 U.S.C. § 12731b, Selected Reserve members who have 15, but less than 20 years
satisfactory service may apply for early qualification for retired pay at age 60.
Yes, and I'm trying to medically retire as I am deemed unfit. I'm looking for any advice or experience on getting the no pay/no points memo and I'll happily go away.
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SFC (Join to see)
MSgt (Join to see) the 15 year mark you refer to is for TERA. If your service is currently offering TERA then you can retire under TERA. If it's not, then there is no special 15 year mark.
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MSgt (Join to see)
Below is what I received from my branch so I hope they are correct
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Subject
Medical retirement/worldwide duty profile
Response By Email (MyPers – Total Force Service Center) (08/19/2020 09:13 AM)
the processes should not take long it will depend on you and the date you choose to apply for retirement if you qualify, our section can help you with the process once you have the paperwork disqualify you from military service. unfortunately we don't have a list of disqualify conditions.
I wasn't aware of TERA, but it appears to have ended February 28, 2018.
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To access your question from our support site, click here
Subject
Medical retirement/worldwide duty profile
Response By Email (MyPers – Total Force Service Center) (08/19/2020 09:13 AM)
the processes should not take long it will depend on you and the date you choose to apply for retirement if you qualify, our section can help you with the process once you have the paperwork disqualify you from military service. unfortunately we don't have a list of disqualify conditions.
I wasn't aware of TERA, but it appears to have ended February 28, 2018.
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Being a Being a reservist, the MEB/PEB is a bit different. There are two ways to initiate it:
- Your Commander has the authority to initiate it
Or
- you must be on a profile for 1 year. Each profile is good for up to 90 days, and then they would have to be extended & continued for 1 year - then it would be referred to the MEB.
Because you already have 90% with the VA, it is surprising that you had no profiles starting the MEB/PEB...
Nevertheless, because you already have 90%, you should be able to get ample Documentation to start the profiles and eventually get referred to the MEB.
For your case, I would recommend having a meeting with your Commander and First Sergeant so they can immediately initiate the MEB/PEB. This could save you a few years of trying to get on the MEB yourself through extended profiles!!!
Many Reserve commanders don't even know they have this Authority. But it could save them and yourself lots of time and effort. Just explain to them that being on a dead man's profile would leave the unit with you stuck in that position and not able to do your job...
In my case, I had to use the profiles to start the MEB. This was a very arduous process, because you are not active duty, having it easy just going to the TMC whenever you want. Unfortunately, As a reservist you have to go to all the appointments in your local town. In my case, I had to make this my everyday job, to get on the MEB - as it took all my time getting all the documents together, going to all the appointments, & making sure my profiles kept getting extended and not running out causing a break in the profiles which would force me to initiate the whole process to start over again...
Not to mention you don't get paid like active duty does while you're going through the MEB.
From start to finish, it took me two and a half years to get to the MEB & another year to get through the MEB and be retired with the reserves.
I knew A Lieutenant Colonel who just medically retired last year with the reserves that has been trying to get the Meb process completed and he said he started his and 2013!
You won't need a "lawyer". As soon as you're accepted to the MEB/PEB, JAG will give you a briefing and will assign you a Jag representative while you were going through the board process. They represented me good enough and I did not have to use outside DAV assistance.
Again, this is a very different process being in the reserves as compared to the active-duty. If you have any questions just message me and I'll be happy to give you advice or help you any other way I can.
Keep at it brother!
- Your Commander has the authority to initiate it
Or
- you must be on a profile for 1 year. Each profile is good for up to 90 days, and then they would have to be extended & continued for 1 year - then it would be referred to the MEB.
Because you already have 90% with the VA, it is surprising that you had no profiles starting the MEB/PEB...
Nevertheless, because you already have 90%, you should be able to get ample Documentation to start the profiles and eventually get referred to the MEB.
For your case, I would recommend having a meeting with your Commander and First Sergeant so they can immediately initiate the MEB/PEB. This could save you a few years of trying to get on the MEB yourself through extended profiles!!!
Many Reserve commanders don't even know they have this Authority. But it could save them and yourself lots of time and effort. Just explain to them that being on a dead man's profile would leave the unit with you stuck in that position and not able to do your job...
In my case, I had to use the profiles to start the MEB. This was a very arduous process, because you are not active duty, having it easy just going to the TMC whenever you want. Unfortunately, As a reservist you have to go to all the appointments in your local town. In my case, I had to make this my everyday job, to get on the MEB - as it took all my time getting all the documents together, going to all the appointments, & making sure my profiles kept getting extended and not running out causing a break in the profiles which would force me to initiate the whole process to start over again...
Not to mention you don't get paid like active duty does while you're going through the MEB.
From start to finish, it took me two and a half years to get to the MEB & another year to get through the MEB and be retired with the reserves.
I knew A Lieutenant Colonel who just medically retired last year with the reserves that has been trying to get the Meb process completed and he said he started his and 2013!
You won't need a "lawyer". As soon as you're accepted to the MEB/PEB, JAG will give you a briefing and will assign you a Jag representative while you were going through the board process. They represented me good enough and I did not have to use outside DAV assistance.
Again, this is a very different process being in the reserves as compared to the active-duty. If you have any questions just message me and I'll be happy to give you advice or help you any other way I can.
Keep at it brother!
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MSgt (Join to see)
Hey thanks for the assistance! The profiles thing isn't a problem, as they have had me on profiles continuously since 2016 so that is where some of my confusion is. Much appreciated!
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Complete Da Form 507 and submit, this is the starting Point.
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