Waiver Denied

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bayoubadger

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Nov 29, 2017
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DS found out from his RC yesterday that his waiver had been denied. Is there any way to appeal a waiver denial? I suspect that this is the end of the road.
 
Yes, you can appeal a waiver denial. My DS successfully appealed a waiver that was denied for Asthma and Shoulder Instability. We had to submit medical testing and then also had a detailed non-medical assessment sent from his Commanding Officer as well as a letter of endorsement from the Commanding officer from the ROTC Unit. All of these combined, provided DoDMERB with enough evidence to allow them to accept his appeal. He is officially a Midshipman now and has signed his papers.
 
bayoubadger said:
DS found out from his RC yesterday that his waiver had been denied. Is there any way to appeal a waiver denial? I suspect that this is the end of the road.
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Since you used the term "RC" I'm assuming your DS is applying to West Point. As you know, a waiver from the USMA medical waiver authority will depend upon the circumstances of the medical condition. I'm assuming since your DS heard from the RC that your DS had of course already gone through the DODMERB exam; received a DQ from DoDMERB; that USMA Admissions had put him forward for a medical waiver; and "remedials" for addional information and/or additional exams through DoDMERB have already been completed and submitted. You might have your DS respectfully inquire either with the RC or his Admissions POC if there is a process for appeal. The letter you receive doesn't always include information on how to appeal, but you are welcome to inquire. If there is a process to appeal, that could entail USMA requiring additional testing/exams and those exam may need to be done at your own expense, since the USMA medical authority has already made their decision.

Sincere best wishes to you and your DS with this process.
 
My DS received notification of medical waiver denial for ROTC for three issues yesterday - 3/25/2018. After initial DQ, he traveled to the nearest base for a full exam with all his historical medical records. The medical officer at the base wrote a letter explaining that all three reasons should be waived without reservation. My DS submitted all this information to Dodmerb for the waiver request. He was awarded 4-yr A-ROTC scholarship and has been accepted to a highly selective college for 2018/2019. At this point, we do not know what to do next. Should he speak to the Major at the college ROTC he was accepted? Should we get a consultant to assist in the appeal of the DQ decision? Should he contact Dodmerb?
 
He got a waiver and a scholarship. What are you going to appeal? The fact that he was DQed before getting the waiver? Seems to me, based on your post, the final examining doctor didn't say he did not have those conditions. Instead, he said it should be waived without reservation. Not sure you have a leg to stand on, but that's just one man's opinion and worth what you paid for it.

He could reach out to the ROO at the college he will be attending on scholarship to get to know him, let him know he is going to accept the scholarship, and begin to learn about the unit.

Again, this opinion is worth what you paid for it.
 
kinnem said:
He got a waiver and a scholarship. What are you going to appeal? The fact that he was DQed before getting the waiver? Seems to me, based on your post, the final examining doctor didn't say he did not have those conditions. Instead, he said it should be waived without reservation. Not sure you have a leg to stand on, but that's just one man's opinion and worth what you paid for it.

He could reach out to the ROO at the college he will be attending on scholarship to get to know him, let him know he is going to accept the scholarship, and begin to learn about the unit.

Again, this opinion is worth what you paid for it.
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Thanks for your reply. He did not get a waiver. His waiver was denied and he does not have medical approval. I may not have stated properly in my post. The final examining MD Chief, Soldier Readiness stated in his letter that it was his opinion after examination and review that DS does not fail appointment standard under AR 40-501 para 2-23d, AR 40-501 para 2-27k, and AR 40-501 para 2-30j. The MD's letter includes paragraphs to explain his position on why he recommends medical waiver.

He has submitted his acceptance and agreement to the terms for the Army ROTC scholarship and has enrolled at the college. If he does not get approved medically, then doesn't that mean the scholarship is void and he cannot be an officer upon graduation?
 
Much — you might have him inquire with Army Cadet Command if there is a process for appeal. The letter you receive doesn't always include information on how to appeal, but you are welcome to inquire. If there is a process to appeal, that could entail AROTC requiring additional testing/exams and those exams may need to be done at your own expense, since the AROTC medical authority has already made their decision.

Sincere best wishes to you and your DS with this process.
 
Falcon A said:
Much — you might have him inquire with Army Cadet Command if there is a process for appeal. The letter you receive doesn't always include information on how to appeal, but you are welcome to inquire. If there is a process to appeal, that could entail AROTC requiring additional testing/exams and those exams may need to be done at your own expense, since the AROTC medical authority has already made their decision.

Sincere best wishes to you and your DS with this process.
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Thank you. By Army Cadet Command, are you referring to the LTC Commanding Officer for the college AROTC?
 
No — AROTC Cadet Command is at Ft Knox, KY and is in charge of all AROTC. You can find their page on-line. The AROTC Cadet Command commanding General is the AROTC medical waiver authority. They are advised on medical waiver issues by the Command Surgeon. You be able to find a “contact us” phone number on the web page. Whomever your DS calls, he needs to respectfully let them know he needs to speak with someone that can advise him on the appeal process for a medical waiver denial. That should get them to refer him to the right person there at Cadet Command.
 
MuchAdoAboutNothing said:
Thanks for your reply. He did not get a waiver. His waiver was denied and he does not have medical approval. I may not have stated properly in my post. The final examining MD Chief, Soldier Readiness stated in his letter that it was his opinion after examination and review that DS does not fail appointment standard under AR 40-501 para 2-23d, AR 40-501 para 2-27k, and AR 40-501 para 2-30j. The MD's letter includes paragraphs to explain his position on why he recommends medical waiver.

He has submitted his acceptance and agreement to the terms for the Army ROTC scholarship and has enrolled at the college. If he does not get approved medically, then doesn't that mean the scholarship is void and he cannot be an officer upon graduation?
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Sorry. I misunderstood your post due to the sequencing of the sentences. Agree with Falcon A about how to proceed with appeal. You are correct that the scholarship is nullified. It may be possible to join AROTC without the scholarship until the issue is resolved - you should contact the unit about that.... at least that's how I would do it.
 
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