Tag Archives: Navy PEB
Important Guidance for Drafting Navy Non-Medical Assessments
Many Navy and Marine Corps personnel do not realize the importance of the Non-Medical Assessment prepared by your Commander when the PEB is assessing your fitness for duty. This document is actually the first item that IPEB and FPEB look at after reviewing your MEB Narrative Summary. In doing so, they are looking for specific language […]
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 […]
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 […]
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 […]
Persuasively Using PEB-directed Rating Returns in Navy and Air Force Cases
Lately, the VA Rating Activity staff in Providence, Rhode Island, have been combining potentially unfitting conditions rated by analogy with referred conditions found in the VASRD. This approach is typically not to the benefit of Navy, Marine Corps, and Air Force members. For example, VA Rating Activity personnel have recently combined ratings for little-known autoimmune […]
