Physical Evaluation Board Forum

chrissaliem,

Welcome! I am glad you found us.

If you are found unfit by a Physical Evaluation Board, you will be entitled to severance pay or retirement. Since you are in receipt of a 20 year letter, if offered severance you may decline and opt for length of service retirement. Basically, your retirement benefits are protected and depending on the outcome you may do better under disability processing. You should start with the Overview of MEB/PEB Processing thread (link is in my signature block) to get an overview of your rights.

Also, with more than 20 years of reserve service, you will at a minimum, be able to qualify (if otherwise eligible) for concurrent receipt of DoD and VA compensation at age 60. If you have 20 years Active Federal Service, you can receive concurrent pay upon retirement.

Please feel free to ask any questions.

__________________
Jason

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

chrissaliem

If your injury was combat related you can still be retained as a civilian Tech.

RikersIsland1

You stated if your injury was combat related you can still be retained as a civilian Tech. Could you tell me where you found that information or any referances? I am in the same boat. I am a Federal Tech. facing an MMRB from my deployment to Iraq. Any information on this would be helpful.

zr600in07,

Sure can. Its in the 2008 NDAA signed by President Bush 28 January 2008. But expect to get the Deers in headlights look from the NG and Reserves and probably the Civilian Personnel Branch.

H. R. 4986—96
Subtitle B—Reserve Component
Management
SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL STATUS IN THE SELECTED RESERVE DUE TO COMBAT RELATED DISABILITY.

Section 10216 of title 10, United States Code, is amended by inserting after subsection (f) the following new subsection:

‘‘(g) RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL STATUS DUE TO COMBAT-RELATED DISABILITY.

—(1) Notwithstanding subsection (d) of this section or subsections (a)(3) and (b) of section 10218 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained as a non-dual status technician so long as

‘‘(A) the combat-related disability does not prevent the person from performing the non-dual status functions or position; and

‘‘(B) the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons.

‘‘(2) A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age.

‘‘(3) Persons retained under the authority of this subsection do not count against the limitations of section 10217(c) of this title.’’.

Click on the link below for the entire 2008 NDAA text, look for SEC 511.

GovTrack: H.R. 4986: Text of Legislation, Enrolled Bill

Hope this helps.

This is very interesting, I wonder if there is anyone out there that had this process worked for them. Thanks for the info!

This is a new law and I have not heard or seen anyone use this. This is not to discourage you, what it means is that you may have to educate the personnel
folks on the law and/or you may have to fight for your rights.

If you decide to pursue this, it would be great if you let us know how it goes.

__________________
Jason

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

Like I said, expect to get the Deers in headlights look from the NG and Reserves and probably the Civilian Personnel Branch. But its the law, so it applies to those in like situation.

I too am a civilian Tec required to be in the Guard to keep my job. I do not qualify as i was injured in a combat zone not combat injured. I am sure it will be up to your AG and remember the law states "person may be retained"

Good luck I hope it works out for you.

:"may be" seems the key word. You are correct. But it has to be the result of a combat-related disability.

i am in the same boat as you. i returned from iraq and went to the va and recieved 50% and i also went thru an exam with my mtf and recieved a permanent profile with a recommendation for medical discharge. i only have 13.5 good years. how will the 15 year medical retirement effect me.