MEB Process in the Army

August 22, 2026

The MEB Process in the Army is governed by AR 635-40, available for download at this link. Attorney Barry, an experienced Military Lawyer, explains here

Initiation of an Medboard

The MEB process in the Army is most commonly initiated a medical provider by issuing a P3/P4 profile in any of the serial profile factors for a condition that appears to not meet medical retention standards in accordance with AR 40-501, available for download at this link. The MEB process in the Army can also be initiated by a Commander after a MAR2 evaluation. Typically though, the medboard process is initiated by a provider that has been treating a Soldier for a long period of time and the Soldier in question has reached a point in his/her medical care where he/she will not get better.

Who Qualifies for a Medboard

All active Army, Reserve Component Soldiers, recalled retirees, and Cadets at West Point qualify for referral to an MEB. Reserve Soldiers who were called to active duty but then released by the 30th day due to the identification of a pre-existing condition not aggravated by the current tour of active duty, and which fails retention standards, will come under the applicable DES process based on whether the pre-existing condition was previously incurred in the LOD (duty-related process) or was a condition incurred when not in a duty status (non-duty-related process). ROTC Cadets are not eligible to enter the MEB process in the Army.

Medical Evaluation Board (MEB) Phase

Once referred to the medboard, the MEB process in the Army begins with a medical evaluation board. The medical evaluation board, which is a board of physicians (at least two), meets to review all of the Soldier's claimed conditions, and medical records, to determine what conditions meet retention standards and which conditions do not meet retention standards. All diagnosed conditions, or conditions present in the Soldier's medical record, should be referred to the medical evaluation board. A Soldiers PEBLO (case manager and guide) should look at a Soldier's medical record and identify all possible conditions.

At the end of the medboard, a NARSUM is prepared, which must include:

Soldier identification;
Sources and references;
Baseline documentation;
Diagnoses;
Medical Retention determination point statement;
Profile review and/or update and discussion;
For each condition that does not meet retention standards, medical basis of diagnosis, onset, treatment summary, noncompliance issues, prognosis statement, impact on duty beyond profile limitations, and selection of applicable AR 40-501 provision with tailored discussion;
Conditions meeting retention standards;
Timeliness issues and/or quality check; and,
Signature of NARSUM provider and date signed

After the NARSUM is created, the PEBLO meets with the Soldier in question to discuss his/her options. A Soldier's options include both an option to request an impartial medical review (IMR) and an option to submit a rebuttal of the MEB findings. A Military Lawyer, including a private lawyer, can be consulted before a decision must be reached. A decision must be reached in five days.

During the MEB process in the Army, the purpose of an IMR is to inform the Soldier whether the MEB findings adequately reflect the complete spectrum of the Soldier's injuries and illnesses. Within 7 days of receiving the IMR findings, the MEB approval authority will uphold the original NARSUM or return the NARSUM to the preparer for reconsideration. A Soldier will be given another opportunity to submit a rebuttal after an IMR.

Finally, the Soldier may submit a rebuttal to the NARSUM if an IMR is not requested.

Physical Evaluation Board (PEB) Phase During MEB Process in the Army

The next step in the MEB process in the Army is the physical evaluation board (PEB) phase. There are two types of PEBs, informal and formal. All PEBs start with an informal PEB. An informal PEB conducts a documentary review of the case file without the presence of the Soldier to make an initial decision on the Soldier's fitness for continued service. The informal PEB will make the following determinations:

Whether any medical conditions individually or collectively causes a Soldier to be unfit for continued military Service;
Whether the unfitting medical conditions were incurred or aggravated in the line of duty (LOD);
Whether the unfitting medical conditions are permanent and stable;
If an unfitting condition is not compensable, the rationale for this determination;
A determination whether unfitting conditions were incurred in combat with an enemy of the U.S. or were the result of armed conflict or were caused by an instrumentality of war during a period of war;
Other determinations, situationally dependent

Furthermore, the informal PEB will request the VA issue a rating decision for each condition.

Lawyers can be retained during this phase. Lawyers are authorized to advocate on behalf of their clients on medical retention standards, fitness disposition, stability of disability, compensability, administrative determinations, and ratings for conditions determined unfitting by the PEB.

During the MEB process in the Army, after the conclusion of the informal PEB, the Soldier will have 10 days to make one of the following elections:

Accept the informal PEB decision;
Nonconcur with the informal PEB decision and request a formal hearing with or without a statement of appeal;
Nonconcur with the informal PEB decision with or without a statement of appeal without demanding a formal hearing; and/or
Accept or request reconsideration of the VA ratings

All Soldiers cannot be separated or retired through the MEB process without the right to appear before a formal PEB. If a Soldier is found fit by the informal PEB, then a Soldier can request (but not demand) appearance before a formal PEB.

During a formal PEB, a Soldier may be represented by a Lawyer, including a private Attorney retained by the Soldier in question. Formal hearings may be conducted in person, through a designated representative, or through video teleconference (VTC). A Soldier has the following rights during a formal PEB:

The right to appeal any PEB adjudicative determination made by the IPEB, and to have their case considered by board members, a majority of whom were not voting members of their IPEB;
The right to appear at the formal hearing - Soldiers may also elect to appear through their designated representative;
The right to waive personal appearance before the FPEB with or without submitting a written response in lieu of an appearance;
The right to make a sworn statement or an unsworn statement either orally or in writing. A Soldier making an unsworn statement may not be cross-examined by the FPEB;
The right to remain silent. When the Soldier exercises this right, they may not selectively respond but must remain silent throughout the hearing. The Soldier may not be compelled to sign a statement relating to the origin, incurrence, or aggravation of a disease or injury;
The right to introduce witnesses, depositions, documents, sworn or unsworn statements (affidavits), or other evidence on the Soldier’s behalf and to question all witnesses who testify at the hearing; and
The right of access to all records and information received by the FPEB before, during, and after the formal hearing which may affect the findings of the FPEB. If the FPEB discusses the case with personnel outside USAPDA to obtain information used in the adjudication, the presiding officer will ensure a memorandum for record regarding the discussion is included in the case file

During the MEB process in the Army, once a formal PEB makes a decision, the Soldier has 10-days to make one of the following elections:

Accept the formal PEB decision;
Nonconcur with the decision and submit a statement of appeal;
Nonconcur with the decision without submitting a statement of appeal;
Accept or request reconsideration of the VA ratings; and/or

The United States Army Physical Disability Agency (USAPDA) makes the final decision, except where approval is reserved for higher authority. In some cases, a Soldier may be offered a final rebuttal/appeal to the USAPDA's decision.

Fit vs. Unfit During MEB Process in the Army

During the MEB process in the Army, a Soldier will be considered unfit when the preponderance of evidence establishes that the Soldier, due to disability, is unable to reasonably perform the duties of their office, grade, rank, or rating (duties). The following factors are considered:

ability to complete common military tasks (minimum standard is those listed on DA Form 3349);
ability to complete the Army Physical Fitness Test;
ability to deploy;
a Soldier's specialized qualifications; and,
the overall effect of two or more impairments even though each of them, standing alone, would not cause the Soldier to be found unfit

Separation vs. Retirement

Generally speaking, a Soldier is separated with severance pay if the unfitting conditions (using a special math calculation) amount to a rating of less than 30%

A Soldier is retired with full military benefits (including TRICARE, Base Access, Retired ID, etc) if the unfitting conditions (using a special math calculation) amount to a rating of 30% or more

How Payment Works for Retirement

After the MEB process in the Army, Soldiers that are retired can generally expect to get paid in the following manner.

The Soldier's total VA rating (including fitting and unfitting conditions) is paid by the VA, tax free, using the VA Disability payment chart.

Then, if the Soldier's high three average multiplied by the Soldiers percentage of unfitting conditions is more than that amount, then the Army pays the difference between the two, but this amount is taxed.

Combat Codes and other factors can modify this formula

Dual Action Cases

During the MEB process in the Army, if a Soldier is flagged for adverse action, the process does change.

For enlisted, if a Soldier is facing a misconduct chapter, then the medboard process stops after the MEB phase and pauses at that point. Then, if the Soldier is ultimately recommended for separation by a separation board or Brigade Commander (if not separation board eligible), the CG picks between the medboard and the misconduct chapter. If the Soldier is retained by a separation board/Brigade Commander, then the PEB phase will commence. Other types of chapters, like the QMP, do not trump the medboard process.

For Officers, if facing elimination for misconduct/unsatisfactory performance, the medboard process stops after the PEB phase. Then, if the Officer is ultimately recommended for elimination by a Board of Inquiry or the CG (if not Board eligible), the Secretary of the Army picks between the medboard and the elimination action.

Medboards do not trump any Court-Martial and the Court-Martial must conclude and result in retention for the process to continue.

Dual action cases are complicated and any Soldier in this situation should immediately consult with an experienced Military Lawyer.

Legal Representation during the MEB Process in the Army

Any Soldier wanting needing advocacy during the MEB process in the Army should immediately consult an experienced Military Lawyer. While Soldier's counsel can be available to assist, they are often over-worked and unwilling or unable to provide the appropriate amount of time and attention needed, which is ill-advised with so much at stake. A civilian Military Lawyer can be retained, which allows a Soldier to be represented by a proven lawyer with good former client reviews.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has extensive experience medboards and actually went through the process himself, resulting in his retirement a MAJ.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.