Category Archives: Uncategorized
NAVY CORB GUIDELINES FOR POST-FPEB HEARINGS
SECNAVCORB Policy Ltr re DODI 1332.18 of 1.24.23 The Navy Council of Review Boards issued its Post-FPEB hearing policy earlier this year, and it is markedly different from the Air Force process that I discussed in an earlier post. In the Navy system, you are allowed 15 days to determine whether you wish to request […]
HOW TO ANALYZE THE NAVY PEB TRIM FILE
When Navy and Marine Corps members receive their initial PEB findings, they often wonder why IPEB members failed to find a given condition unfitting or combat-related. The brief rationale accompanying Navy IPEB decisions rarely sheds much light on these subjects. However, reviewing the Navy PEB TRIM file- the official PEB case file- will often disclose […]
IPEB RECONSIDERATION REQUESTS UPDATE- JULY 2023
Since most of you know that I am a big fan of using IPEB Reconsideration Requests to attempt to obtain a favorable decision for my clients without a formal hearing, I am writing to provide the latest update as of July 2023 regarding each service’s practice concerning such decisions. If you are an Army service […]
USAF POST- FPEB APPEAL RULES OF PROCEDURE
usaf post-fpeb appeal rules2023 The Air Force published its Rules of Procedure for Post-FPEB hearings earlier this year, and I have attached a copy of this document for your review. You should be aware of several key points when choosing to exercise a Post-FPEB appeal. First, you are given three days after receiving your FPEB […]
SOCIAL MEDIA IS NOT YOUR FRIEND DURING THE IDES PROCESS
If you are in the IDES Process- especially Navy and Marine Corps personnel- you should be aware that some PEB members- typically the medical officers- do occasionally trawl through major social media platforms to determine whether you are currently performing activities that contradict your stated duty limitations and/or profile. But, an even more significant risk […]
HOW TO PUSH BACK WHEN THE PEB DEVIATES FROM THE VASRD
Recently, I was confronted with a situation in which a prospective client’s IPEB decision rated a thoracolumbar spine condition under VA Code 5003 for degenerative arthritis alone because the members felt that the primary injury was to the thoracic spine. Since this spinal segment has very little range of motion, the IPEB members ignored a […]
WHEN WILL YOU BE PROVIDED MILITARY COUNSEL PRIOR TO AN FPEB OR FPEB APPEAL?
While I have honestly not met an incompetent or “bad” military counsel in 30 years of representing service members in the PEB process, the downside to working the military counsel is that their caseloads are much higher than civilian counsel. This gives them less time to work with you and develop your case. At the […]
HOW TO REQUEST A POST-FPEB HEARING
DODI133218e Before the new DOD1332.18 instruction was issued on November 10, 2022, service members could only submit written appeals of adverse findings by the FPEB panel of their service. But that is no longer the case. Under the provisions of Section 3.3d.1 of DODI1332.18, you can now request an additional hearing at which counsel can […]
HOW TO PREVENT AN IPEB MEMBER FROM SITTING ON YOUR FPEB PANEL
DODI133218e In a startling new change to DOD1332.18 that was issued on November 10, 2022, service members can specifically demand that the FPEB exclude board members who participated in the adjudication process of your case at the IPEB. See Section 3.3.c.2.b of DODI1332.18. This means that you can exclude IPEB members from sitting on your […]
HOW MANY TIMES CAN YOU SUBMIT REBUTTALS TO YOUR MEB?
DODI133218e Before the issuance of the change to DOD 1332.18 on November 10, 2022, this was an easy question to answer- you were entitled to one Impartial Review and one Rebuttal. However, according to Section 3.2.e.6 of the new instruction, service members will be entitled upon request to at least one rebuttal of the MEB […]
