Legal Services During the MEB/PEB Processes

Soldiers Counsel provide the following services throughout the MEB and PEB processes:

a. General Information. Soldiers Counsel are available to provide information and advocacy to Soldiers during the MEB/PEB processes: Once a Soldier receives a P3 Profile, Service Members can receive counsel from our office. We are experts in the PDES system and in due process rights. As soon as a Soldier enters the MEB system, he or she should attend one of the briefings held by the Office of Soldiers Counsel, or consult with us individually. Soldiers will learn what our office can do for them throughout each step in the process. For Soldiers who are not co-located with an Office of Soldiers Counsel or in CBHCOs (Community Based Healthcare Organizations), please contact one of our offices to arrange an appointment for a telephone consultation. If you do not know your servicing Soldiers Counsel Office ask your PEBLO.

b. Legal counseling designed to help the Soldier accomplish specific goals: Soldiers should determine what result he or she wants from the system. In some cases, Soldiers will want additional medical treatment. Some will want to get out of the Army and on with their lives as soon as possible. Others will want to be found “Fit for duty,” and returned to military duty. Some will want ratings for different conditions. Some will want higher ratings for rated conditions. Whatever the goal, Soldiers Counsel are available to help you identify goals and develop strategies for achieving them through the MEB and PEB processes.

c. Representation during the MEB & PEB Process: Soldiers Counsel are available to provide representation to Soldiers throughout the APDES. We can counsel you through the MEB process and assist with MEB rebuttals. Cases referred to the PEB by the MEB are informally adjudicated by the PEB first. The PEB considers the Soldier’s DA Form 3947 and NARSUM as well as the Soldier’s commander’s statement, profile, recent APFTs, and other performance and personnel documents. The PEB determines: 1) which conditions are “unfitting” (ie. prevent the Soldier from performing PMOS duties and/or basic Soldier skills); 2) which unfitting conditions are compensable; and 3) what rating is appropriate for each compensable unfitting condition. They also determine if any of the Soldier’s unfitting conditions are combat related for entitlement to tax-free benefits. The PEB’s informal findings are documented on a DA Form 199 and provided to the Soldier. The Soldier may either agree with the informal findings or disagree and request a formal hearing with representation by Soldiers Counsel. Soldiers Counsel can help the Soldier identify and gather evidence which might support the accomplishment of the Soldier’s goals. Soldier’s Counsel may also present this evidence to the PEB on the Soldier’s behalf during the Soldier’s formal hearing and argue on behalf of the Soldier.

d. Assistance with appeals after the formal PEB hearing: Soldiers may appeal the PEB’s formal findings if they do not agree with the decision. Appeals must generally be submitted within ten days from the date of the hearing and are first reviewed by the PEB that heard the Soldier’s case. If the PEB does not change its decision then the case will forwarded to the Army Physical Disability Agency (PDA) for review. The PDA will review the appeal and, if the PDA does not agree with the PEB’s decision,
may modify or return the case for further PEB action. If the PDA agrees with the PEB, then the PDA will approve and finalize the formal decision. Soldiers Counsel can help Soldiers determine whether an appeal might be effective, identify the best grounds for appeal, gather relevant evidence, and assist in writing an appeal to the PDA.

Offices of Soldiers Counsel are available at the following locations: