AFI 10-248 PDF
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CourtListener is a project of Free Law Projecta federally-recognized c 3 non-profit. We rely on donations for our financial security. Your Notes edit none. Authorities 22 This opinion cites: Defenders of Wildlife, U.
Laidlaw Environmental Services, U. Please support our work with a donation. Signed by Chief Judge Susan G. Neither party filed redactions.
The court incorporated all appropriate corrections. Pipes served in the USAF for approximately sixteen years: Health benefits from an active lifestyle will increase productivity, optimize health, and decrease absenteeism while maintaining a higher level of readiness.
Commanders and supervisors must incorporate fitness into the 10–248 culture to establish an environment for members to maintain physical fitness and health to meet expeditionary mission requirements and af a fit and ready force. The annual fitness assessment provides commanders with a tool to assist 10-2448 the determination of overall fitness of their military personnel.
United States, F. As a result, he received verbal counseling, was enrolled in the SFIP that same day, and ordered to begin running five days per week. None of these observations were disclosed to SSgt Pipes. A remedial intervention program recommended for traditional Reservists. Since they are in a no-duty status, their participation in the FIP is not mandated.
Therefore, the court considers the reference to November 4, as a typographical error. These symptoms continued into the night, requiring him to go to the hospital around 2: SSgt Pipes was diagnosed with a Cerebrovascular Accident,4 i. SSgt Pipes sustained a significant vascular injury which caused dysarthria7 and right-sided weakness secondary to uncontrolled hypertension.
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Pipes never claimed the stroke was attributed to the SFIP, USAF regulations did not require an adverse event report and apparently no report was filed. A duty prescribed for Reserves by the Secretary concerned under section of title 37 or any other provision of law; and B special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.
It is my recommendation that SSgt Pipes be 100-248 for a medical board and eventual medical discharge from the Air Force Reserve Program[. On that same day, a Technical Affi informed SSgt Pipes that xfi was not eligible to receive disability retirement benefits. I understand that I may request my case be forwarded to the Physical Evaluation Board PEB 9 for review in the event I am medically disqualified for worldwide duty.
By completing and signing this form, I am making my selection for PEB review. A PEB is a fact-finding body that investigates 102-48 nature, origin, degree of impairment, and probable permanence of the physical or mental defect or condition of any member whose case it evaluates.
Pipes v. United States –
The disability system provides for two PEBs: A PEB is not a statutory board, and there is no statute of limitations in considering evidence. AFI at My PEB selection is indicated below: I understand I can submit a statement for consideration by the PEB.
If I am eligible for retirement, I understand I will be afforded the opportunity to apply for retirement in lieu of separation. AR at internal correction omitted. As a result, no review was performed by the PEB. On December 20,pursuant to AFIparagraph 3. Neither the member nor counsel may be present at the informal hearing. Upon review of these records, he first learned that on February 4,the USAF Medical Examiner observed that his blood pressure was abnormally high during his medical clearance exam.
Specifically, the 13 Section of Title 10 provides: Upon a determination by the Secretary concerned that a member of the armed forces not covered by section, or of this title is unfit to perform the duties of his office, grade, rank, or rating because of physical disability, the Secretary may retire the member with retired pay computed under section of this title, if the Secretary also determines that: The court granted the November 30, Motion on December 1, On January 28,the court issued a Protective Order prohibiting the disclosure of personal information protected by the Privacy Act of5 U.
The court granted the March 22, Motion on March afj, The plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. For these reasons, the court has subject matter jurisdiction over the claims alleged for disability retirement compensation therein.
See Fisher, F. United States, U. The party invoking federal jurisdiction bears the burden of establishing standing. Friends of the Earth, Inc.
The October 9, Complaint alleges that Plaintiff has suffered an injury in fact that: For these reasons, the court has determined that Plaintiff has standing to bring the claims alleged in the October 9, Complaint. 10-2448 a party may assert the following defense by motion: United States, Fed. United States, 39 F. United States, 23 Cl. The standard for judgment on the administrative record, pursuant to RCFC Where the parties have filed cross-motions for judgment on the administrative record, RCFC Unlike summary judgment, genuine issues of material fact do not preclude a judgment on the administrative record.
United States, 40 Fed. The court, however, may not retry the case on the merits. The Government argues that the court does not have jurisdiction to adjudicate the claims alleged in the October 9, Complaint, because the statute of limitations has run. Like the plaintiff in Miller v. Plaintiff did not waive review by a statutorily authorized board competent to determine his eligibility for disability retirement.
Instead, Plaintiff opted not to challenge his 10-2448 for duty, because his unit made that finding in December 14 LOD investigations are used to determine medical benefits.
Yet, prior to discharge, Plaintiff knew that he suffered a stroke and was no longer fit for military service, and, as such he was ineligible for a disability retirement, if 100-248 stroke did not occur in the line of duty. Instead, Plaintiff accepted regular reserve retirement, pursuant to 10 U.
If, upon special review, the IPEB issues an unfit finding and recommends disability separation or retirement, an AF Form will be referred to the evaluee, and the case will proceed in the same manner as other unfit cases. His failure to act in a timely fashion does not toll the statute of limitations.
Afu States, Ct. Sur-Reply at 2, 9. Sur-Reply at 3, 6. Specifically, Miller and Huffaker are distinguishable, because they involve plaintiffs who were active duty service members.
These cases cited 100-248 the Government involve active duty service members and are not relevant to Reserve forces. The active duty plaintiffs in Miller and Huffaker were deemed fit for duty during the discharge process and therefore ineligible for disability retirement, but they did not challenge the determination at the time it was made. Afo was not provided with an opportunity to deny or otherwise contest or request a LOD determination and therefore could not have waived such a determination.
The adi that 01-248 did not challenge his fitness for continued military duty cannot be construed as a refusal or waiver of his right to disability benefits. Sur-Reply at 9 10-2248 AR at internal correction omitted.
Sur-Reply at 8, 9. A claim for wrongful discharge accrues at the time a service member is discharged from the military. See Real, F. The judicial claim for [D]isability [R]etirement [P]ay does not accrue on release from active duty but rather on adi action of a board competent to pass upon eligibility for [D]isability [R]etirement [Pay] or upon refusal of a request for such a board.
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Subsequently, in Chambers, the application of this exception was clarified further: Indeed, such a rule would be untenable, given that a military board must determine eligibility for disability retirement before such a claim accrues. There can be no waiver of board review absent an opportunity for such review, as at discharge.
Simply put, after discharge, a veteran has nothing to waive. The appropriate inquiry under Real, therefore, is whether afii the time of his separation from the Army. Once a final decision is had, the claim accrues, the limitations period begins to run, and there is no tolling of the statute by reason of further applications to other boards or agencies including the Correction Board.
Once a final decision is had, adverse determinations by other boards, including the Correction Board, do not give rise to a new cause of action. However, other types of pay claims not dependent on a board finding—including claims for increased retirement pay because of new legislation, etc. See Chambers, F. See Miller, Ct. Plaintiff concedes that he was aware that he suffered from a permanent disability at the time of his discharge. Under these circumstances, Plaintiff did not waive his right to board review and his claim is not 10-2448 barred, since the October 9, Complaint was filed less than six years after the AFBCMR issued a final decision on February 28, The Government argues that the October 9, Complaint fails to allege afk claim on which relief can be granted, because: First, Plaintiff was not entitled to a LOD determination.
Traveling directly to or from the place the member performs active duty, or inactive duty for training.