case mr herrick commander havens was denied by physical evaluation board in two thousand and two that was the first time this case went on for a physical evaluation he agreed that it had been said submit to the will and we didn't didn't didn't he ask in january two thousand and one the physical evaluation board to evaluate yes and in july of two thousand and one when they find him not fit for duty in they also find disability there's nothing which which specifically asked that question but honestly i didn't research eggs and never thought about that i mean it's been my experience both in the military and in the law that when you're continuing long on the same process the statute doesn't start until there are processes that put me off and be crude but my recollection is that with regard to the thank you to limitation problems in the military context that it's the other way around  which sets out several steps in the disability retirement system the first step is course in is often a medical board which is usually want officers second step gets to where they make  evaluation that's what happened here as he rejected finding ask for a formal hearing in fact he then turned around and you know through other issues imitation made a decision to venture late except the findings then the final decision came out on january second two thousand and two and i think that's the important question relies on how do we get around the language in chambers which makes it sound like it's the very first decision of the very earth authority that that triggered the writing of the six year statute of say that the second surely the officers that reviewed diskin even though the three different individuals is really just the exact same as the three officers who did what you're calling the preliminary work  thirty seven to zero four g b says that if you have a reservist that was injured or had an illness on active duty it should have been handled while he was on active duty which is the crux of our complaint you know then he is actually eligible for  decision july two thousand and one what would have happened if we had filed right then would you come in and said wait a minute that's not file you can't you can't bring it here are it depends on the service members decision to contest those findings or not as i understand it in the regulations there is it for seizure for having a hearing before an informal p t b and if the result of that informal p b t is one favorable to the service member the service member can then take the matter to a formal p b much like what we were lifted to look at this i mean i'm reading the record maybe i missed something physical evaluation board to evaluate and where i read the record that happened in january of two thousand and one in july two thousand and one the board says not to produce disability not a proxy result of requiring military duties what happens if we there are two issues that are being conflated here number one is when does the claim occur which is a very important issue in this appeal but i understand that there are questions about the july two thousand and one informal p t b decision the service member commander haven's could have accepted the informal p b findings as final as to him and brought the suit at that time to what he'd be to asian you have a decision by the p c in our in june of two thousand that ruled upon commander hayden's petition which claimed that he sought disability retirement he was relieved he claimed he was improperly released without a medical board and the b c in our rules in june of two thousand that the commander h fitness was not in question and therefore he had no entitle to claim a medical board much less disability then we're really not be happy if i understand your position harden their release from active duty in one nine hundred ninety six and the reason for that didn't you joined the reserves in ninety ninety six that's right around her but he was released well he was in the reserves the entire time he was in the reserves on active duty f that commander havens performed for two weeks one year on the drills that an active duty service member in the reserves is required to perform  is not a form of active duty one weekend a month that reservists perform that is an active training duty the two weeks a year is it is a act it's a special temporary form of activity but for the most part from nine hundred ninety six onward commander havens was on inactive duty and what happened as to which the third member commander hayden's twice alleges that he were questionable work prior to his separation in ninety six and he alleges he got the diagnosis alleges he asked for the medical board twice and he alleges that he never got known and was released from active duty in one nine hundred ninety six all of those factors lining up hundred ninety six the service member knows that he did not get the medical board prior to the separation from active duty he knows that the disability that is alleged to exist was diagnosed in one thousand nine hundred five so all of the information that man or havens would have to have in order to bring a cause of action or that all comes from the allegations in the complaint but even if we were assume that their commander is having played himself out of work with those allegations and his freedmen problems he would still have a chain was problem specifically states that the the point for disability benefits is certainly something within the the jurisdiction of the c n r in fact the quote in chambers problem because he had asked for or didn't get one so under friedman the statute of limitations would begin to run upon the release from active duty but even if you had made that about the june two thousand b c and our decision is i've been able to find maybe a piece of paper exists i haven't seen it but he asked for a medical board weird fact is they never got around to the didn't get want right want to get around to it they stonewall as non denial more importantly deal directly thirteen point thirteen thirty two point thirty eight says that even if you transfer into the reserves and this is quoted on referred to on page five of my brief if you go into the reserves ok you're protected because it's determined you need to