Physical Evaluation Board Forum

I have brought this discussion over from the vets.uku:

I am a 19 year and 8 month member of the Air National Guard with an additional 11 years of active duty points. I am not currently on active duty. I was just given papers that I have been disqualified from worldwide duty and can no longer drill. I have already started my paperwork to retire and now my MPF wants me to cancel that retirement and take the medical retirement. From the documents that I recieved I can see no benefit to the medical retirement as there is no compensation and they have not assigned a disability rating. Has anyone seen this before or know where I could get more help. My unit is not very helpful in letting me know all the facts. SHold I elect to enter into the DEP or just take the deal and walk with my normal 20 year retirement?

Thanks in advance.

rngeer,

Welcome!

You won't get a rating until the PEB makes a decision in your case. But if you have a 20 year letter, you will have the option of electing that retirement over any severance pay. That means that in a best case scenario, if you go through the PEB, you may draw retirement pay immediately (as well as receive the health benefits). In a worse case, you will still be able to transfer to retired reserve and draw pay at age 60.

I hope this answered your questions. Feel free to ask any others.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

So I have ten more days to decide if I want to enter the DES or just walk with the 20 year retirement and then go to the VA. Should I enter into the DES?

I don't see a downisde to entering DES and there is the possibility that you pull a military retirement now based on percentage of base pay instead of points at age 60. However, you have to choose what is right for you.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

I would argue you don't have a choice. DoDI 1332.38 requires that you be submitted to the DES if you have a condition that fails to meet retention standards.


E3.P2.1. Criteria for Referral.

Service members on active duty or in the Ready Reserve shall be eligible for referral into the DES when the member:

E3.P2.1.1. Has a medical condition that is cause for referral into the DES as
established by enclosure 4 of this Instruction or by the respective Service’s
supplemental medical standards, and the member has received optimal medical
treatment benefits; or

E3.P2.1.2. Will be unable to return to full military duty within one year of
diagnosis of the medical condition; or

E3.P2.1.3. Was previously determined unfit, continued in a permanent limited
duty status, and the period of continuation has expired; and

E3.P2.1.4. Is not disqualified under section E3.P2.4. of Part 2.

E3.P2.1.5. Is a member of the regular component of the Armed Forces entitled
to basic pay; or any other member of the Armed Forces entitled to basic pay who has been called or ordered to active duty for more than 30 days; or any other member of the Armed Forces, after September 23, 1996, who is on active duty but is not entitled to basic pay under 37 U.S.C. 502(b) (reference (d)) due to authorized absence to participate in an educational program, or for an emergency purpose, as determined by the Secretary concerned.

E3.P2.2. Duty-Related Impairments

E3.P2.2.1. Service members described in section E3.P2.1., above, who have
impairments which, in the case of a member on active duty for 30 days or less, are the proximate result of, or were incurred in line of duty after September 23, 1996, as a result of:

E3.P2.2.1.1. Performing active duty or inactive duty training;

E3.P2.2.1.2. Traveling directly to or from the place at which such duty is
performed; or

E3.P2.2.1.3. After September 23, 1996, an injury, illness, or disease
incurred or aggravated while remaining overnight, between successive periods for purposes of IDT, at or in the vicinity of the site of the IDT, if the site is outside reasonable commuting distance of the member’s residence.
shall be referred into the DES except as provided in sections E3.P2.4. and E3.P2.7., below.

E3.P2.2.2. Members with duty related impairments as described in paragraphs E3.P2.2.1.1. through E3.P2.2.1.3., above, shall be referred into the DES for a determination of fitness, and if found unfit, a determination of entitlement to separation or retirement for disability with benefits under Chapter 61 of 10 U.S.C.(reference (b)). The fact that a Service member is unfit for disabilities incurred during the periods designated in paragraphs E3.P2.2.1.1. through E3.P2.2.1.4., above, does not constitute entitlement to disability benefits. (See Part 4 for compensation entitlement criteria.)


The above provisions not only protect your rights to disability compensation, but it also protects the military in being able to fully evaluate your medical status and keep a fit force. When you are a retiree, you are subject to recall. If you do not go through the DES, the military will not fully understand you limitation to further serve if needed. Again, the guard cannot deem you unfit due to service connected disability, only the PEB via the DES can do that.

Mike

In my checklist it states:

The Disability Evaluation System will only address the issue of your fitness for continued military service. ***Remember you will not receive any medical compensation. This is a traditional guardsmen program not an actie duty process.

Also,

If you have more than 15 years, but less than 20 years of satisfactory service, you may elect early qualification of retirement at age 60 because you have a medical condition. This is not a medical retirement nor will you get any medical compenstation. You will retire with a traditional guard retirement.

Do you guys feel that entereing into the DES even though I have enough points for my good last 20th year would lead to a possible immediate retirement benefit over waiting until I am 60?

I really appreciate the help.

Your guard unit is messing up by applying the process for unfitness due to a NON SERVICE CONNECTED DISABILITY to your situation.

If you were not on active duty and became unfit due to to something that happen nothing to do will your guard duties, then what they are saying would be correct. If between drills, you slipped in the bathtub, broke your neck and became unfit, then you would not be eligible for disability benefits becuase the disability did not occur while you were entitled to basic pay or performing guard duty.

In your case, you became unfit due to a condition that occurred while you were entilted to basic pay. You are covered under the provisons of 10 USC 1201-1203.

Your situation is not at all uncommon, the guard and reserve are continually messing this up at the expense of the service members' benefits.


The 15-20 year retirement was designed to complement 10 USC 1207a, the EPTS eight year rule. The 15 year retirement rule grants a non disability retirement to those who are deemed unfit due to a non service connected disability.


The Army Times is working an article on this issue this week. I am hoping media exposure will help bring this problem to an end.

Mike

That makes sense Mike. Though the program I was on was under Title 32. Could that be another issue?

Thanks,

Possible, but not likely given you were doing a counterdrug mission. I am assuming you mission was under the control of the governor but funding by the federal gov't. The key is that you were entitled to basic pay. I have heard of some 32's not being covered but that is rare. It perhaps has to do with state funding vice federal funding. Some Title 32 orders are state funded. A state technician, for example, might not be covered as they are payed for by state funds and are covered under state programs.

Check out Chapter 8 of AFI36-3212 30 SEPTEMBER 1999. I did not see anything in it that would eliminate you from disability evaluation/compensation. DoDI 1332.38 does not have anyhting that would exclude you as well.

If your unit is stating Title 32 keeps you from being eligible for disability compensation, I would certainly like to see the law behind that. From what I am seeing from your posts, they are flat confused about your eligibility for disability compensation. They seem to think you disabilities are not service connected or they just don't understand DES eligibility.

Ergo, your question to them is: "Exactly why am I in ineligible for disability compensation? Please cite the law/regulation."

The biggest risk of a MEB/PEB is being found unfit at less than 30% with less than 20 good years. This would lead to severance vice retirement because your disabilities are service connected. The 15-20 year retirement is only for those found unfit due to a non service connected disability. Again, given your eligibility for length of service retirement, a meb/peb cannot hurt you, it can only increase your benefits.



Mike

Ok Mike, I really do appreciate the help. At this point I am requesting an extension to decide about entering into the DES. I am also consulting with my local congressman for further assistance. He is a strong advocate for the miltary here in Florida and I hope they can help me out.

---------------------- Got this note from my FW medical group today:
Hi.
As we discussed last week, you would need to be granted a 30% or greater
disability rating from the AF before you would be able to medically retire
and receive a retirement check each month, since you do not have 20 years of
active duty service. From my dealings with the DES system, I don't think
your medical issues combined would afford you a 30% or greater rating, but
stranger things have happened. If they rate you at less than 30%, you will
be offered a severance pay package, which is granted after an equation is
computed from your base pay, years of active duty service, and rank. After
you are granted severance pay you will have to relinquish your ID card and
vehicle decal. I hope this helps.


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I will keep you guys posted and maybe this will help others in the future.