HOW TO PREVENT AN IPEB MEMBER FROM SITTING ON YOUR FPEB PANEL
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 FPEB, but you can also keep them if you think their presence would help your case. For example, I recently had a case in which the Medical Officer had sat on the IPEB, but we kept her as a member because she understood the Instrumentality of War theory we were pursuing to obtain a combat-related disability finding. Thus, you and your counsel should carefully consider exercising this option when appropriate, but also consider keeping board members when their presence helps your case.
