Involuntary Mobilization (IRR) Case Studies IRR Involuntary Mobilization Exemption CaseIIRR Case Study #4 MatterIRR Involuntary Mobilization Exemption Case; Post Traumatic Stress Disorder, PTSD ServiceArmy SummaryThis case involved representation of a fine Soldier and Iraq War veteran who came back from his service overseas suffering far more than he either realized or cared to admit. Our client was a Sergeant E-5 who enlisted in 2001. His MOS 88 Mike - truck driver. He mobilized, deployed and served honorably, first in Kuwait and then in Iraq as part of the initial invasion force crossing the line in February/March 2003 and in related actions thereafter. He performed well in all manner of convoy operations throughout theater. In February 2005 he ETS'd (separated) from active service and transferred immediately into the IRR (Individual Ready Reserve) to finish out his military service obligation (MSO). Before that happened, however, he got a note from Uncle Sam requesting his presence back on active duty for a period in excess of 400 days. Needless to say, he was stunned. But somehow in his confusion and shock he managed to find, or was otherwise directed to our site - www.meililaw.com. Our Sergeant had seen and done all manner of things while in Iraq which affected him deeply once he returned to the United States. He isolated, withdrew and attempted to stabilize, but found it difficult at times. He couldn't sleep. He was actually afraid to sleep. And then there were nightmares and cold sweats, bad memories of good friends severely injured when their trucks were blown up by IEDs. There was a lot of anger, and irrational fear; so much so that this once calm and easy going guy, found himself getting into fights and shouting matches for no apparent reasons. His attitude was getting increasingly negative. When he came to us, I talked to him for some time about the situation and the steps I thought we should take. He followed the advice and did absolutely everything I asked him to do. He was committed to the plan, which included getting professional help, a proper diagnosis. He went to an outstanding private professional who was well-versed in both the identification and treatment of PTSD, and we also had him enter and successfully access the VA healthcare system - which can be a daunting experience if you're doing it alone. He went to other health providers as well, and over time we built a strong case. ResultOn 9 May 2008, the commander, Human Resources Command (HRC) St. Louis, granted Client's exemption from his IRR involuntary recall. Our initial request went into St. Louis on 4 February 2008. I added some additional material to the packet on 8 May 2008, and we received a favorable decision the next day.Client's honorable discharge paperwork came in a few weeks later. He's done and we're grateful. HighlightsWorking all aspects of this system hard over time, and ultimately seeing the right result come down for the right reasons. Additionally, having my Client say, when all was said and done, that he would be happy to be a reference for anyone who needed further assurance. As they say, that's priceless. IRR Mobilization Exemption CaseIRR Case Study #3 MatterAppeal of an IRR Involuntary Mobilization Exemption Case; Post Traumatic Stress Disorder, PTSD ServiceArmy SummaryThis case involved representation of a Soldier on appeal. He had submitted his own case initially, and the Commander HRC ST Louis denied his request. He then called our office for representation on appeal. We submitted initial materials for the appeal within two weeks of our client's unfavorable decision. Then, once the appeal was properly opened, we still had to make a full presentation in time for the case to be considered by the Delay and Exemption Team in ST Louis. We did that. Our client had failed to put sufficient evidence in his initial file, and St Louis acted accordingly in denying his petition. When we were retained, we did a comprehensive review of his entire military and medical history, both active duty and Reserve, and following those early phone interviews, we outlined a plan for him to follow. He did everything necessary. Armed with new and sufficient evidence, we perfected the appeal to St Louis in a timely fashion. ResultOn 20 February 2009, about a month after we submitted our initial brief, our client received official word from St. Louis that his appeal had been granted and that his exemption was now approved. Our client's honorable discharge should be processed within four to six weeks from the appeal approval date. HighlightsTaking a case for an injured, confused and angry Soldier who had little idea how to properly prepare an appeal, and working that appeal through to a successful conclusion. Involuntary Recall to Active Duty PTSDMilitary Case Study #1 MatterInvoluntary Recall to Active Duty from the Individual Ready Reserve, IRR, St Louis, Post Traumatic Stress Disorder, PTSD. ServiceArmy SummaryThis case involved fighting an involuntary IRR recall for service in Iraq by showing extreme personal hardship. As an IRR Recall Attorney, Bill Meili has successfully defended many service members facing involuntary recall out of the IRR. Client was a West Point graduate with an outstanding record and prior service in Iraq. After five years of active duty, Client opted for transfer to the Individual Ready Reserve or IRR. He had begun experiencing symptoms, that were later diagnosed as classic, Post Traumatic Stress Disorder or PTSD, soon after he returned from his year tour in Iraq, but he tried to tough things out on his own, and like so many, he didn't take advantage of any Veteran's Administration or VA resources initially. His mental and physical health deteriorated, his marriage suffered, and it became increasingly difficult for him to meet the academic requirements of his MBA degree program at a major U.S. university. Well before the expiration of his service obligation date, he received involuntary call-up orders, and his PTSD symptoms accelerated. When he contacted our office, our experience as IRR recall attorneys, and military lawyers with extensive experience with all aspects of the IRR recall process and how to defend against it, kicked in. At our suggestion, Client sought professional help in multiple medical and psychological specialties immediately. We drafted his Delay and Exemption Brief, then guided him through the initial presentation of a request for Delay and Exemption from his orders for an involuntary recall to active duty. When that initial request was denied, we revisited the medical issues surrounding his PTSD diagnosis, had them strengthened with more current data, and resubmitted the packet for a second look. When that re-look was denied, we handled the appeal of his Request for Delay and Exemption from Involuntary Recall to Active Duty to the Pentagon. The appeal was granted, and the two adverse rulings from subordinate headquarters were reversed. ResultClient will not have to return to Iraq. He will be discharged honorably. He will also graduate with an MBA from a distinguished program, and he will now be able to accept a job offer made several months ago, and begin work at a major U.S. financial corporation in the fall of 2007. HighlightsBeing able to use our experience fighting IRR recalls as a military lawyer, and specifically as an IRR Recall Attorney, to help a talented and decorated soldier make it through an extremely difficult time in his life. ReferencesPlease call us at 214-363-1828 or email us at meililaw1@gmail.com for further details and contact information. |
