I was recently medically retired from the Army
. I was a National Guard soldier
on Title 10 active duty when I went through my MEB/PEB. My PEB found me unfit and recommended Permanent Medical Retirement
. During my PEB processing my title 10 orders ended and I was removed from active duty before I was retired.
I requested my orders to be extened to cover my period of IDES processing specifically according to the regulation 635-40 and DODI 1241.2 para 220.127.116.11.
component member on active duty under a call or
order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty
shall, with the member's consent, be continued on active duty upon the expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System determination."
I retired this month, but prior to retiring, and after many request, I filed an IG complaint with my state national guard. The state IG refused to open a case, so I then filed an IG complaint with the National Guard Bureau IG. The NGB IG refuses to open a case also.
Is there any way I can force them to recognize and follow the regulations concerning MEB/PEB processing of reserve soldiers on active duty and pay me for those months I was denied the orders I should have been on until my retirement date? What would be a good next step? I was thinking of filing another IG complaint with the DOD
IG, but assume I will get the same response. I know I can also file for an ABCMR, but feel the military/IG should correct this issue and back pay
me as appropriate. Would it be any benefit to obtaining a civilian lawyer to assist with this?