US Army Reserve; Early qualification for Reserve retirement? help

Discussion in 'Reserve Component Info' started by enduro, May 10, 2010.

  1. enduro

    enduro New Member

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    I am an Army reservist with 17 good retirement years.

    I was just pulled off a deployment for physical health issues and PTSD (VA disabled 80%) and now will probably be facing a MEB.

    I have heard that after 15 good years that I will still qualify for retirement at age 60 and I want to know if this is true and if anyone knows the regs on this.
     
  2. fdmckeever

    fdmckeever PEB Forum Veteran

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    enduro,

    I don 't believe that 15 "good years" will get you retirement at age 60.There have been a number of efforts to lower the retirement age but to my knowledge none have been successful either. If you could somehow get 18 good years in the Reserve (Army) then you would reach "sanctuary" meaning you would be able to get your 20 good years without facing mandatory removal date. A lot hinges on when you get your 18 yrs and if/when you get put into the MEB. A crap shoot for sure unless you are on the far side of 50 years old. Some other folks may have a better fix on this issue. Good luck.

    fdm
     
  3. Gomez

    Gomez PEB Forum Veteran

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    [FONT=&quot]Yes, there is a 15 year retirement at age 60 for a reservist with 15 good years who [/FONT][FONT=&quot]is unfit for continued service solely due to a physical disability. The retirement is the same as for someone who retires with a regular 20 year length-of-service retirement. For a reference, google Army Reserve Non-regular Retirement Information Guide for the booklet. Here's an excerpt:[/FONT]

    [FONT=&quot]3-3 Early Qualification for Retired Pay[/FONT][FONT=&quot] [/FONT]
    · [FONT=&quot]From Oct. 23, 1992, through Sept. 30, 2000, members of the Selected Reserve who completed more than 15 qualifying years of service but less than 20 and is involuntarily separated will be eligible for retired pay at age 60. [/FONT]

    • [FONT=&quot]Members with Physical Disabilities not incurred in the line of duty: [/FONT]
    • [FONT=&quot]10 USC, section 12731B provides that the Secretary concerned may treat a member with more than 15, but less than 20, years of creditable service towards a Reserve retirement, as having completed the requirements for a Reserve retirement. This applies in the case of a member who is unfit for continued service solely due to a physical disability. The physical disability may not be the result of willful neglect, or during a period of unauthorized absence. [/FONT]
     
  4. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    The key with eligibility for the above 15 year retirement is that the condition NOT be in the line of duty. That said, I have seen some members with clearly in the line of duty conditions with 15 years being retired when they are not eligible. If that benefits some members, then great. But, for those who are not eligible and are not offered such a retirement due to their condition being in the line of duty, there is no enforceable right to get this early retirement. I would not count on getting this unless you have a not in the line of duty finding. Based on the original posters description, I would not think he would be eligible.
     
  5. maparker

    maparker Staff Member PEB Forum Veteran

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    Here is the applicable law:

    10 USC 12731b. Special rule for members with physical disabilities not incurred in line of duty

    (a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title.

    (b) Notification under subsection (a) may not be made if—
    (1) the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or
    (2) the disability was incurred during a period of unauthorized absence.

    However, If you are found unfit and rated 30% or more by your PEB, your will receive an immediate disability retirement.


    Mike
     
  6. enduro

    enduro New Member

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    Thanks very much, this was all very helpful and confirmed what I heard but no one was able to direct me to the exact area for sound information.

    My meb more than likely is coming up very shortly, so I'll look at more info on this site for what happens after the meb >peb. Great info guys. Thank you!
     
  7. Major C

    Major C New Member

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    Wait a second, so if your condition causes you to be separated because it WAS in the line of duty than you can NOT get the early (early as in 15 years vice 20, not at an earlier age) retirement? That seems backwards, what do people that get separated due to LOD injuries receive if they cant get their retirement? Thanks
     
  8. maparker

    maparker Staff Member PEB Forum Veteran

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    If it is LOD, then it should go to a MEB/PEB where medical retirement/medical separation can result. I have seen LOD cases, rated below 30% by the PEB, result in a 15 year retirement under 10 USC 12731b.

    Mike
     
  9. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    I agree that it seems odd that someone without a LOD actually qualifies for an earlier retirement than someone with a LOD finding. That said, its what the statute states. Also, as I stated, I have seen this offered to members with a LOD finding.

    However, to answer your question, if separated due to LOD injuries, the entitlement is to severance pay (2 times years or service times base pay, minimum 3 years/maximum 19 credited for computation of the calculation).
     
  10. 89Falcon

    89Falcon PEB Forum Veteran

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    OK help me out with this.....
    I have 19 years 2 months of TAFMS (approx 7005 AD points)...plus 500 additional IDT points.......I have been very hesitant to go to the Dr about an issue that would be a 50% hit, until I get back on orders.

    Since I'm NOT at 20 years AD, if I went to a PEB for a fitness for duty determination WITHOUT the condition being deemed ILOD.....and they decided it was unfitting and a 50% disability....would I get an immediate annuity?
     
  11. green594

    green594 PEB Forum Veteran

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    Enduro- i only have a minute, there is a 15 year retirement for reservists who are injured/ disease that did not happen in the line of duty. If you are 80% from the VA you will need to do your research. this site is perfect for you to look into your issues and see if any are unfitting, you may be much better off going to the MED/PEB if you are rated over 30% from the PEB you would collect a check almost immediately. but again you will need to do your homework.
    good luck
    Green.
     
  12. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    For purposes of 10 USC 1208, you have 20 years of service (actually, it is by reference to 10 USC 12733). With 7505 points, you have 20.84 years of service for purposes of Chapter 61. So, if any of your conditions are deemed ILOD and your are unfit for them, then you should be retired and your minimum pay should be at least 50% of retired base pay.

    Your question throws in an erroneous assumption- that they would rate a not ILOD condition. They would not.
     
  13. maparker

    maparker Staff Member PEB Forum Veteran

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    Since he has 20 years, would he still be retired if found unfit for a condition that was not ILOD?

    Mike
     
  14. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    My quick read of the statutes says no...at least not for active duty retirement purposes. Again, I just did a cursory look at the statutes, but it appears that for regular length of service active duty retirements he needs to have 20 years of "Active service." My read, after looking at the definitions under those sections was that for those purposes, you need to have "active service" (which was active duty service or full time National Guard or Reserve service, which I think, in that section referenced AGR members...though, I did not dig as deep as I could have to have a full conclusion in my mind on this; in addition, there may be case law or other administrative materials that could indicate my thoughts are wrong on this).

    I think he would be able to opt in to reserve retirement, though. Downside, of course, is that this would not pay out until age 60 (or qualifying reduction in years due to deployments).

    I have thrown in a bunch of caveats here....this issue is fairly complicated, but my initial impression is that if disabled only due to Non-ILOD conditions, he would not qualify for the more favorable active duty retirement calculations (and therefore for CRDP on the active duty side). Though, from the backstory, I think he would probably be able to pursue active duty wrongful discharge claims and get to 20 years active federal service anyway.
     
  15. 89Falcon

    89Falcon PEB Forum Veteran

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    Jason, I think you turned on a light bulb.......I wasn't aware that they didn't assign a % on a "fitness for duty only" board. I guess they only say "fit or not fit".

    Here is another little wrinkle.....
    If you had a service connected injury from a previous period of service that was found to be service connected by the VA, but rated at 0%, and that old (knee) injury deteriorated over time until it became "unfitting"....while NOT on orders, would that possibly trigger a chapter 61 retirement?
     
  16. Bull

    Bull PEB Forum Regular Member

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    Mike can you answer my question?
    My husband received a letter from Army National Guard stating The findings and recommendations of the Army National Guard State Surgeon, which issued him Permanent Profile on October 2011, are that he be referred to the Medical Evaluation Board (MEB) for not meeting medical retention standards or he can elect to waive rights. He was injured while deployed in Iraq with back injuries. He is in constant pain even with injections and physical therapy. He can never do what he could do before due to his injuries. He works with pain as he has to support his family.

    Would it be wise to go through the MEB instead of choosing a medical retirement ? He has 15 years AD and ANG. To me it sounds like they want him to take the retirement without going through the board. I feel he will lose if he does that. He does have a VA disability rating of 60%. Would we be able to continue with Tri-Care and Dental if he medically retires or will we lose all those benefits and have to purchase insurance through his current employer?

    I have an uneasy feeling about the medical retirement without going through the board. Your input is appreciated.
    I mentioned that he should go through the MEB but he does not see a benefit of taking more time to go through the MEB. He feels that if he just medically retires with 15 years when he does turn 60 he will get the retirement benefits he would have received retiring at 20 years. Although he was injured in the line of duty while deployed on AD orders for a year to Iraq/Kuwait. Thank you for your help.
     

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