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DH might get kicked out of Navy....Need advice..

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NESCABLANCA
Posts: 3
12/21/06 5:48 P

 
 
Getting medically separated is not always as simple as just a discharge without benefits. Depending on the severity of his injury, it may be possible that he is medically retired. Keep in mind though, his injuries have to be well documented. In that case, he would have the same entitlements as any other 20-year retiree. I was on LIMDU for the max amount the Marine Corps allowed. Believe me, I went through this just this year, and I have a blue ID card as a result. I also have my four dependents still covered under Tricare Prime. Tricare's not free, but is very reasonable and worth the $460/year for all five (+1) of us. Good luck!

LILPEPPER
Posts: 3743
12/14/06 2:20 P

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I second that your husband needs to talk to Jag or to Navy Legal to find out what the regulations are for sure.

It seems to me, at least from how hubby explained it to me, was that if he has an ongoing injury that is preventing him from working/doing PRT's and he's over the 6 month limit for LIMDU, then he should be medically discharged regardless of his PRT status. Unfortunately, for a medical discharge, he won't receive benefits. But it's nothing negative that goes on his record.

The body measurements really don't matter that much, because it varies so much from person to person. Take my husband for example, he is 5'9 180 lbs, he's not chunky at all except for a smidge of beer belly, lol, it's all muscle from working out every day. His BMI measurements are right at the limit for what the navy deems ok, he's barely passing, but he's never failed a PRT. Now he's got a guy in his section who is 5'4 and over 200 lbs (and it's all flab), but his BMI is only like 20 or something like that. He passes every time with flying colors, and he never works out. So just because there are bigger guys out there, doesn't mean anything as far as BMI measurements.

Now, if he did not have the injury (this is hypothetical since we know he's injured) and failed 3 or more PRT's, then that would be grounds for kicking him out. Usually, when they've failed 3 PRT's, they are put on the FEP program and given a certain amount of time to get their weight within regulations and to show improvement on PRT's. If they can get the weight off and start passing PRT's, then usually the navy will keep them. If they are showing progress, but not necessarily passing, especially if it's not within time limits, the navy can and will kick them out. UNLESS they are a valuable enough to where their command needs them and will fight for them. It's kind of case by case basis then.

But because your husband has a chronic injury that is still giving him problems clear past the LIMDU deadline, he should be medically discharged, NOT kicked out. So this is grounds for going to Jag or Navy Legal to find out what his rights are.

Should Jag or Navy Legal side with his command and kick him out anyway, as long as it's not a dishonorable discharge which shouldn't be the case in your situation, he would get a severence check which could be very substantial. If it's dishonorable discharge which we know it isn't, or medical discharge, he will walk away with nothing.

The reason I know all of this is because DH is dealing with this at work right now, he is losing 3 guys in his shop who can't pass their PRT's(nothing medical, just can't pass and get their weight down). 2 haven't had their final meetings yet to determine whether for sure they are getting kicked out or not, their command is fighting for them. The third is getting out at the end of the month, is only an E-5 (2nd class) with 6 or 7 years in, and he's walking away with almost $20 grand in severence for getting kicked out.

But like I said, go talk to Jag or Navy Legal to find out what his rights/options are.

Edited by: LILPEPPER at: 12/14/2006 (14:22)


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VOODOOCHICK05
Posts: 432
12/14/06 8:48 A

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as one of the pp posters said, he has to have 3 PRT failures. They should put him on FEP (fitness enhancment program) to help him get into shape and maybe get the weight off. He also might have to go to nutritional counseling. If he's already done all this, then yes they can kick him out. But, if his knee is an ongoing problem and is preventing him from performing his duties than they might be able to kick him out from that and use his weight as a back up factor. They basically have to give him a chance to get it off... they can't just kick him out, or the navy would be mighty empty especially of the old salty chiefs!!





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KLH1977
Posts: 229
12/14/06 6:14 A

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There is ALOT of misinformation in this thread. I will say it again--your husband needs to talk with an attorney. They Navy can not do anything to your husband until he has been given the opportunity to talk with a JAG. Make sure he excercises this right.

KLH1977
Posts: 229
12/11/06 6:51 P

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Alex, your husband should go in and talk with a JAG. They know a lot more about this.

Edited by: KLH1977 at: 12/11/2006 (18:52)

MYBLESSING05
Posts: 4929
11/19/06 4:38 P

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There is not much I can say that has not already been said. Has he failed three PRT's? I know that is the limit they allow. However, if he has medical documentation and is still going through things then I don't see how they can. I don't see how they would just put him out so close to retirement. I have seen this kind of thing before and they usually let it ride out until the member retires.

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RIAALEIGH
Posts: 752
11/16/06 2:09 P

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If he is medically discharged it is not a negative thing per se. However, if he does not make it to retirement, there will be no benefits at all (unless he can get approved by the VA for disability, but that will only cover him). They may try to do an administrative separation, which is basically just ending his terms of service, again no benefits. They may be nice and give him an honorable discharge, but from what you said of his command I wouldn't keep my hopes up. The only way to keep the benefits (medical and such) is if he retires.

How long has it been since he was last on sea duty? That will play a factor in it too. If he has been on shore duty for awhile, they won't necessarily be too willing to let him stay on shore duty in a billet that will allow for his physical limitations. His rank and rate will also be considered.

Keep in mind, the longer paperwork gets delayed, the long your husband will still be active duty and that is just more time closer to retirement. If he can make it past 18 years in service, they will be alot less likely to just get rid of him.

ALEXIS513
Posts: 623
11/16/06 1:06 P

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He has to get cleared off LIMDU in order for the detailer to consider him for new orders. He doubts he'll be able to go back to sea though. We have to wait until the end of next month to find out what the surgeon says. Hopefully by then, though, it won't be too late and BUPERs decides to keep him in.

If he is medically discharged, is that something negative on his record? Will all the benefits stop?




I am Alex

Daniella Marie born on 18 Jan, 6lbs 7oz, 18''. Her EDD was 4 Feb.

ALEXIS513
Posts: 623
11/16/06 11:17 A

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Everyone in that reserve center (DH is the only active duty sailor there) is supposedly doing mandatory PRT. He does have a waiver because of his knee, but the measurements part isn't waived. His command will not fight for my DH. Too many personal problems. This has been the worst Navy command that I know of that is the way they are. I truly want him out of there. In fact, DH even made the comment that he would prefer to be on a ship, in Iraq, than be anywhere near that command. I've worked with 2 Navy commands, so I'm a bit familiar with the Navy family. That reserve center does not come close to anything. Ok, but that was me venting right there LOL

Anyway, he has already started a program that is working really well for him. And he is limited to the types of exercises he can do, but he still does them. I guess all we have to do is wait to see what BUPERs says?

What pisses me off is that the chief in that command, who is also over weight, has not done any PRT's since he got there.

Thanks for replying, btw.


I am Alex

Daniella Marie born on 18 Jan, 6lbs 7oz, 18''. Her EDD was 4 Feb.

RIAALEIGH
Posts: 752
11/16/06 10:49 A

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My husband went through a similar situation with his back problems. The Navy has changed the regulations for allowance of LIMDU status, and it is only now something like 6 months in your entire time of service. Anything more than that and they can medically discharge you. As for his weight, have they put him through the mandatory PRT or anything like that? I know here in san diego, when there is a sailor who is way over the weight limit they give them a certain amount of time to get within regulations. Your husband may not have that option due to medical limitations because of his knee. Is he considered fit for full duty including sea duty? If not he might be able to request a waiver for his knee.

Recently there has been a big push to remove sailors that are not "functional" especially if they are not E-5 or above. We came really close to that happening to my husband with less than two years to retire. Fortunately he wound up with a command that fought really hard to keep him because of the value they see in him as a member of their staff.

A couple of places your DH can look to for help with losing weight is LAweightloss or go to leanforlife.com

Good Luck

Edited by: RIAALEIGH at: 11/16/2006 (10:50)

ALEXIS513
Posts: 623
11/16/06 10:24 A

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Hi Ladies,

My DH had his eval done yesterday. They told him that he is probably going to get kicked out of the Navy due to him being overweight. Yes, hubby is a bit overweight, but I've seen much bigger people out there that are still in. Anyway, hubby has less than 3 years to retire, we have a child on the way, and is paying a HUGE amount of child support. DH and I had a talk last night. He was a mess. He is very disappointed in himself and very angry that he let himself get like this. He has been on LIMDU for almost 9 or 10 months due to knee surgery he had and is still giving him trouble, so, he hasn't been able to work out as much as before.

Anyway, his DH's and the CO told him that they are going to write a letter to BUPERs and have them make the decision. Are we totally screwed? Should we get ready for the worst now? How long before DH would get the word that he's definitely going to be out? Does it take long? I really don't want to get worked up over this, but it's hitting me really hard this morning. I told DH that he shouldn't be worried right now, yet I'm the one that's freaking out. Is there any help he can get or someone he can talk to?

Thanks Ladies..

Alex


I am Alex

Daniella Marie born on 18 Jan, 6lbs 7oz, 18''. Her EDD was 4 Feb.


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