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  • 1.  
  • 2. PEBLO Office Information
    • Phone number:
      • COMM: (301) 295-2175
      • DSN: 295-2175
      • FAX: (301) 295-4333
    • E-MAIL:
    • [email_address]
  • 3. IDES Process 06/28/11
  • 4. Important WEB sites:
    • PEB: www.hq.navy.mil/ncpb/peb/physical_evaluation_board.htm
    • VA: www.va.gov
    • Navy: www.bupers.navy.mil
    • Marine: www.usmc.mil
    • Schedule for Rating Disabilities : www.warms.vba.va.gov/bookc.html
    • Tricare: www.tricare.osd.mil
  • 5. Instructions
    • TITLE 10, UNITED STATES CODE
    • DOD Inst 1332.18 (38, 39) - DOD DES
    • SECNAVINST 1850.4E - Disability Evaluation Manual
    • OPNAVINST 1900.2 - TAMP
    • MCO P1754.5 - TAMP
    • MCO P1900.16 – Separations Manual
    • MILPERSMAN 1910-120
    • MCO P1070.12J - IRAM
    • VASRD - VA guide for rating disabilities
    • ManMed - Chap 15 (PE) & 18 (MedBd)
  • 6. Mission of the Physical Evaluation Board
    • Maintain a fit military force and protect the interest of the government!
    • To determine fitness for duty .
    • To rate members whose injuries/diseases are incurred or aggravated while in receipt of basic pay.
    • To compensate members who are unable to complete their careers and to qualify for normal retirement benefits.
    • To ensure member’s right to a full and fair hearing.
  • 7. COMMON MISCONCEPTIONS!
  • 8. DIAGNOSIS DOES NOT EQUAL DISABILITY!
  • 9. Common Misconceptions
    • Thinking that the medical board report is the final answer?! The medical board does not have cognizance to make a fitness determination or establish any rights to benefits. It simply states the member’s present state of health.
  • 10. General Information
    • You are not UNFIT just because the physician thinks you are (PEB determines).
    • Be leary of advice given by personnel outside of the DES process. The PEBLO is the duty expert on the DES.
    • Rating not required by DOD/PEB to be rated by the VA.
  • 11. DOD Vs. DVA System
    • DOD
    • * Determine a service member’s medical fitness
    • for military duty
    • * Compensate for a loss of military career earnings
    • DVA
    • * Determine service connection of disability
    • * Compensate for the loss of future civilian earning capacity
  • 12. FIT Vs. UNFIT Policies
    • The sole standard to be used in making determinations of physical disability as a basis for retirement or separation is:
    • “ Unfitness to perform the duties of office, grade, rank, or rating , to include duties during a remaining period of reserve obligation.”
    • *SECNAVINST 1850.4E
  • 13. Fitness Vs. Suitability
    • Fitness : Fit to continue Naval Service based on evidence which establishes member can reasonably perform duties of his/her office, grade, rank or rating. “Mere presence of a diagnosis is not synonymous with a disability.”
    • SECNAVINST 1850.4E
    • Not necessarily within their specialty or MOS/NEC
    • May not be Fit For Full Duty
    • Eligible for appropriate assignment
    • CAN YOU RESONABLY FULFILL YOUR EMPLOYMENT ON ACTIVE DUTY?
  • 14. Fitness Vs. Suitability
    • Suitability : “… meets all requirements for an overseas, remote duty or operational assignment.” BUMEDINST 1300.2, encl (1), pg 6
    • Fit finding does not mean member is suitable for:
    • - Deployment, PFT, or Special Duties (flying, parachuting, diving, subs)
    • Nor does it preclude :
    • - MOS/Rating/NEC change
    • - Admin Sep resulting from such determination
    • *CAN YOU DEPLOY, PT OR GO OVERSEAS?
  • 15.
    • Amended legislation effective 05 Oct 99:
    • - Members w/ 8 yrs active service are eligible for disability compensation, the condition will be rated if found UNFIT and within the line of duty.
    • - 8 yrs of active service does not have to be continuous.
    Existed Prior To Service (EPTS)
  • 16.
    • Members with medical waivers: - If no service aggravation is detected within 180 days, separate without the disability evaluation (Entry Level Sep) - If detected after 180 days, must enter DES process - If service aggravated must have a Med Board
    Existed Prior To Service (EPTS)
  • 17. Administrative Processing
    • If you are being processed for any kind of misconduct, your board will/may be suspended/terminated!
    • Processing for punitive discharge and processing for administrative discharge, due to misconduct, shall take precedence over processing for disability.
    • When a discharge for misconduct does not result, disability processing shall resume (note that updates on your medical condition will probably be needed)
  • 18. Fitness Vs. Suitability
    • Admin Separation : Navy
    • - Initiated by member or command
    • - Based upon “medical condition not amounting to a disability”
    • - Voluntary requests initiated with or without a “fit to continue naval service” finding from PEB
    • - Documentation from Medical Officer confirms that condition exists which prevents member from performing
    • Characterization of Honorable
    • Ref: MILPERSMAN 1910-120
  • 19. Fitness Vs. Suitability
    • Administrative Separation : USMC
    • - Initiated by command only
    • - Based upon medical condition (not a disability) which interferes with duties; confirmed by Medical Officer
    • - Notification and counseling IAW applicable directives must be accomplished before initiating process
    • Characterization of Honorable
    • Ref: MCO P1900.16 AND MCO P1070.12J
  • 20. Purpose Of Medical Boards
    • To report upon the present state of health of any member of the armed forces and as an administrative board by which the convening authority or higher authority obtains a considered clinical opinion regarding the physical status of service personnel.
    • To produce documentation that serves as the source document for fitness and disability determinations by the PEB and for assignment and retention decisions by PERS-82 or MMSR-4.
  • 21. Medical Board Members Are Made Of:
    • • Your reporting physician who believes that
    • you may not be fit for duty.
    • An alternate member appointed at the
    • discretion of the convening authority (CA).
    • A physician who is usually the senior medical officer of that specialty. (Convening Authority)
    • If in a reserve status, at least one member must be a reservist.
  • 22.
      • MEDICAL BOARD REPORTS ARE REFEERRED TO PEB WHEN:
    1. The attending physician/convening authority believes that the service member is unfit for duty and not likely to become fit for duty within a reasonable amount of time. 2. When PERS-82 or MMSR-4 denies a period of limited duty that had been recommended by the medical board. 3. In the case of a reservist with a Notice of Eligibility, it is believed the service member will not become qualified within 12 week.
  • 23. It’s Your Medical Board!!! (MEB)
  • 24. Medical Board Package
      • Cover page (6100/1)
      • Narrative summary
      • Signature page (6100/2)
      • Rebuttal ???
      • Surrebuttal ???
      • Copy of medical record
      • LODI/LODD ???
      • Addendum ???
      • Physical
      • Non-medical assessment
      • Notice of eligibility (NOE) reservist
  • 25. Light/Limited Duty
    • Prior To Entry Into DES
    • - Removal From Full Duty (ManMed)
    • -- Light duty: 30 days
    • -- Medical hold: 30 days to complete and submit MEB report
    • *Temporary Limited Duty ( SECNAVINST 1850.4E)
    • -- For Marines, 16 months total in a 20 yr career
    • -- For Navy, 12 months total in a 20 yr career (as of 10 Jan 05)
  • 26. PROCESSING TIME
    • Upon Entry Into DES
    • - MEB Report
      • 30 days from dictation to send to the PEB
    • - Informal Board PRELIM FINDINGS
      • 10 - 12 weeks from receipt of MEB Report (90 days?)
    • - Formal Board FINDINGS
      • 2-4 weeks to schedule the Board
      • 45 days after Formal board
    • - PFR
      • 45 days from receipt of petition
      • !!ALL TIMES ARE APPROXIMATE!!
  • 27.
    • Missing medical board narrative with all appropriate addenda.
    • Dictation is more than 6 months old.
    •  No line of duty investigation.
    •  No non-medical assessment.
      • COMMON REASONS FOR
      • REJECTION:
  • 28.  No notice of eligibility in case of inactive reservist.  No 2807/2808 completed within 6 months of date of medical board.  Medical board not addressed to president of PEB. (Automated cover sheet)
      • COMMON REASONS FOR
      • REJECTION:
  • 29.
    • Incomplete 6100/1 automated med board report.
    • No reserve physician on medical board of reservist (active/inactive).
    • No psychiatrist on medical board with psychiatric diagnosis.
        • REASONS WHY CASES ARE
        • SUSPENDED:
  • 30.
    • No convening authority signature.
    • Less than required number of physicians signing medical board.
    • Medical board not dated.
    • Elective surgery or Surgery Pending!
        • REASONS WHY CASES ARE
        • SUSPENDED:
  • 31. REASONS WHY CASES ARE SUSPENDED:
    • Request for additional information
    • (i.e. updated medical info, FITREPS, lab results, etc.)
    • Boards are suspended for either 30 or 60 days, depending on the information requested.
  • 32. Physical Evaluation Board Informal PEB (IPEB) Located in Washington, D.C. This informal board normally consists of: Marine Colonel Navy Captain Doctor-Navy Captain/CDR Case file normally stays 2 weeks with the board.
  • 33.
    • The medical board report is initially reviewed by this panel and decides if:
    • The service member is FIT or UNFIT for duty.
    • If unfit, what is the disability rating? Note: Unfit Pilot program enrollee cases go to the VA rating panel for Disability rating.
    • What is the member’s recommended disposition?
    • Was the service member’s unfitting condition combat related?
    INFORMAL PEB
  • 34.
    • 1. Existed prior to service (EPTS).
    • 2. Incurred while UA or deserter.
    • 3. If disability is due to intentional,
    • Misconduct or willful neglect.
    Conditions not ratable:
  • 35. LINE OF DUTY INVESTIGATIONS
    • Reference is JAGMAN Chapter 2
    • Inquiry used:
    • To determine whether an injury or disease was incurred in the line of duty.
    • Whether it was aggravated by military duty.
    • Whether it was incurred or aggravated due to the member’s intentional misconduct or willful negligence.
  • 36. The Possible Findings are…
    • Fit to Continue Naval Service
    • Presumed Fit
    • Unfit
    • PQ (inactive reserves)
    • NPQ (inactive reserves)
  • 37.
        • Findings Issued
    • Results are sent by the PEB to the PEBLO by secure enabled email.
    • At that time, the member will be contacted for notification of findings.
    • It is the member’s responsibility to keep the PEBLO informed of any change of contact numbers
    • The member’s findings will be returned to the PEB if the member cannot be contacted within 3 days.
  • 38. PEB Informal Board FIT
  • 39.
        • FIT TO CONTINUE:
    • You have been found FIT by the PEB. This DOES NOT mean that you are FIT FOR FULL DUTY!
    • This finding means that you may be eligible for appropriate assignment.
    • Nor does it preclude subsequent temporary determinations of unsuitability for deployment or PRT/PFT participation or administrative action resulting from such determinations.
  • 40. FIT TO CONTINUE:
    • This means that you can still reasonably fulfill your employment on active duty!
    • Your next step is an Operational Suitability Screening.
  • 41. Presumption of Fitness
    • Presumptive Period: Service members shall be considered to be pending retirement when the dictation of the member’s MEB report occurs after any circumstance designated in the next two slides:
  • 42.
        • Presumption of Fitness
    • Finding applied when the member:
    • Has an approved voluntary retirement date.
    • An officer has been approved for Selective Early Retirement.
    • An officer is within 12 months of mandatory retirement.
  • 43. Presumption of Fitness
    • An enlisted member is within 12 months of High Year Tenure (HYT) or EAOS, and will be eligible for retirement at HYT/EAOS.
    • An enlisted member is within 12 months of retirement eligibility and the member’s EAOS has or will expire prior to the member being retirement eligible.
  • 44.
    • Within 12 months of retirement member incurs:
    • - Acute, grave (life threatening) injury/ illness
    • or
    • - A serious deterioration of a previously diagnosed condition that would preclude further duty if the member were not retiring.
    Overcoming PFIT
  • 45. More On PFIT
    • To retire or separate you do not have to be 100% healthy.
    • Do not rely on the MEB being sent to the PEB for automatic acceptance -resulting in a HYT/Fleet Reserve date extension.
    • MEB can be rejected by the PEB and you will be separated by Service Headquarters.
  • 46. Election of Options
    • Member’s have the option to :
      • Accept the findings: member will be made available for orders within 30-60 days. Member has 10 calendar days to make a decision for IDES program & 15 days Legacy program.
      • If the member disagrees, they may request for reconsideration. Request shall include new medical information or significant non-medical assessments not previously available or considered.
  • 47. Election of Options
      • Member must indicate his/her desire for a Formal PEB in the event that the request for reconsideration is denied.
      • * Member must understand that this is just a request and can be denied by the President, Physical Evaluation Board and Director, Secretary of the Navy’s Counsel of Review Boards.
  • 48. PEB Informal Board UNFIT
  • 49. UNFIT
    • Within the finding of UNFIT , your conditions are broken into four (4) categories as depicted in the following slides:
  • 50.
        • Category I - all unfitting conditions. These are the conditions that are found to have caused the end of your career. They are the only condition(s) that the PEB may rate a percentage of disability.
        • Category II - those condition(s) that are contributing to the unfitting condition(s).
  • 51.
        • Category III - those condition(s) that are not separately unfitting and do not contribute to the unfitting condition(s).
        • Category IV - conditions not constituting a physical disability.
  • 52. Election of Options
    • Member’s have the option to :
      • Accept the finding and waive his/her right to a Formal PEB. Service headquarters will establish retirement/discharge date within 2-3 weeks. (Navy members may select a date within 30 - 90 days of date they sign EOO). Member has 10 calendar days to make a decision for IDES program & 15 days Legacy program.
      • Accept the finding and submit a request to service headquarters to remain on active duty in a Permanent Limited Duty (PLD) status.
  • 53. Election of Options
      • Request reconsideration of the findings
      • Legacy cases may contest to be found FIT or receive a higher/lower rating.
      • Pilot program enrollees may only contest the percentage via the new Election of Options
      • Not accept and demand a Formal Hearing!
      • (This is a right, not a request)
  • 54. Permanent Limited Duty
    • 1. To complete a period of obligated service.
    • 2. To complete current tour of service
    • 3. To complete a protocol or other course of medical care as requested by the Medical Treatment Facilities commanding officer.
    • 4. Fill a critical billet at the service member’s present command until a relief arrives on board.
  • 55. Permanent Limited Duty
    • 5. If CREO group is undermanned or NEC is critical.
    • 6. Service members who have attended a funded education program such as naval academy, NROTC, and armed forces health profession scholarships may be retained involuntarily.
    • 7. Other reasons such as: service member spouse to give birth, or children to finish school.
  • 56. Permanent Limited Duty
    • To request PLD:
      • Member will be provided with a PLD request form by the PEBLO
      • Member will also be provided an Information Sheet/Request for Endorsement for/from their Command
      • This information must be provided to Service Headquarters within 15 days after the member has signed their Election Of Options.
  • 57. Permanent Limited Duty
    • PERS-82 is the final approving authority for the Navy and MMSR-4 is the only approving authority for the Marine Corps.
  • 58. Formal Board
    • What you need to know about the Formal Hearing:
      • 10 plus tips.
      • Right’s of the service member.
      • Procedures of the Formal Hearing.
      • Formal Hearing video.
      • Pre Formal Hearing counseling – admin issues.
      • These are all designed to help prepare you for the Formal Board.
  • 59. Formal Board
    • Located at the Washington Navy Yard.
    • Member has the right to appear in person.
    • Member may waive the right to personal appearance.
    • Member represented by counsel in either case.
    • Counsel not assigned to PEB.
    • Formal PEB does not see opinions of Informal PEB.
    • This is a non-adversarial setting.
  • 60. Formal Board
    • What happens next:
      • Findings from your hearing will be forwarded to the President, Physical Evaluation Board for administrative and legal review.
      • Once signed, findings are forwarded to the PEBLO for delivery to member.
      • Member has 15 days from delivery of Formal board results to submit a PFR if desired.
  • 61. Petition For Relief
    • Petitions to Director, Navy Counsel of Personnel Boards(NCPB) for relief of final action.
    • Separate Legal and Medical review.
    • Member’s last level of in-service appeal after notification of formal Board findings.
  • 62. Petition For Relief
    • Justification for PFR
    • - New or newly discovered evidence
    • (Not sick call/SF 600).
    • - Fraud, misrepresentation or other misconduct.
    • - Mistake of law.
    • When case is finalized, it is sent to PERS-82/MMSR-4 for discharge or return to duty.
    • Dissatisfied with ruling ? BCNR
  • 63. Final Disposition
    • Member has less than 19 years and a disability rating of 0, 10 or 20% = Separate
    • Member has less than 20 years and a disability rating 30% or greater = Assignment to TDRL/PDRL
    • *Any pay concerns please contact DFAS for specifics in your case*
  • 64. 0% 10% 20%
    • HONORABLE DISCHARGE
    • SEV PAY
    • IF LESS THAN 19 YEARS ACTIVE SERVICE
  • 65. DISABILITY SEVERANCE PAY
    • COMPUTATION FOR ACTIVE DUTY
    • Base Pay X 2 X Number of years service,
    • Or an average of base pay (36 months)
    • (total active service not to exceed 19 years).
    • Years of service: Round to the nearest whole year, round up for 6 months or more.
    • Members with less than six months total active service not entitled.
  • 66. DISABILITY SEVERANCE PAY
    • TAXABILITY
    • Disability severance pay is normally taxable, current rate of tax is 28% Federal
    • NON-TAXABLE , If…
    • Individual was a member of the Armed Services or under written commitment on or before 24 September 1975
    • Injury was combat related
  • 67. TDRL
    • TEMPORARY DISABILITY RETIRED LIST
  • 68. TDRL SIMPLIFIED
      • 5 YEARS IS THE MAXIMUN
      • 18 MONTHS IS THE MINIMUM
      • PHYSICAL EVALUATION EVERY 18 MONTHS
      • ENTITLED TO RETIREE BENEFITS/PAY
      • TDRL DOES NOT AUTOMATICALLY LEAD TO PDRL
  • 69. Temporary Disability Retired List (TDRL) TDRL 18 months 36 months 5 years FIT UNFIT -SEPARATE -REENLIST -FLEET RESERVE -20% OR BELOW, SEPARATE WITH SEVERANCE PAY -30% PDRL (CONDITION STABLILIZED) -30% TDRL IF YOUR CONDITION IS UNSTABLE & PROCESS REPEATS PEB WILL REACH FINAL DECISION -FIT, SEPARATE, OR PDRL
  • 70. TDRL PAY
    • % Disability X Base Pay
    • Minimum of 50% of base pay (average)
    • Note 1 For members who entered military service on or after 8 September 1980, a 36 month average will be used as the Base Pay figure in the calculation of Retirement Pay
    • Note 2 Retirement Pay is taxable unless the disability was Combat Related
  • 71. PDRL
    • PERMANENT DISABILITY RETIRED LIST
  • 72. PDRL PAY
    • % DISABILITY X BASE PAY
    • Do not assume that your pay will be the same on the PDRL, call DFAS
  • 73. Combat Related Determination
    • Direct result of armed conflict
    • Instrumentality of war
    • Conditions simulating war
    • Extra hazardous duty (i.e., SEALS, recon, specified MOS/NEC)
    • *NOTE: this does not mean hazardous duty pay!!
  • 74. Questions ?