AF Reserve 15-Year Retirement Questions

G

gd1959

PEB Forum Regular Member
Hi All. Hope someone can walk me through this.

If a traditional reservist has over 15 but under 20 years total service, and has developed a health condition that is not duty related, but would render that reservist unfit to perform, it is my understanding that under 10 USC §12731 that individual may go on T4 status (no points/no pay) and would be eligible for an early retirement.

My question is simply this:

I assume this is a process that is initiated by the medical group based on the medical information provided by the attending physician (diagnosis/prognosis). If so, does the process require MEB review and determination?

I ask because since the condition is not sevice related and not an LOD, there would be no option for disability determination.

Can anyone shed some light on how this works?

Thanks!
 
How this plays out (currently) is that the MEB goes forward and AFPC notifies the member of eligibility and offers a form that you can sign electing the non-duty related retirement at 15 years but less than 20. I can also tell you that I have seen this option extended to those with duty related conditions (this is improper in my opinion, but if it works out in the members favor, then there is no harm to this...unless of course it confuses the member and/or improperly discourages the member seeking their benefits).
 
Thanks so much, Jason. I figured it was pretty straightforward. I was suprised to find this was possible. I mentioned to someone last UTA about it and losing out if I don't get to 20 and he said that it was possible to get a medical retirement under 20 but did not know the process.
 
Wow, this makes me feel a lot better. I have over 16 years total service. over seven active duty and the rest is guard time. I was in an auto accident on my way to drill which has resulted in degenerative disks in my lower back. I have been on a profile for the last year and have recently been encouraged to visit an orthopedic specialist by my guard unit so they can make the determination if I need to begin the MEB process. I have been compiling all my medical records and xrays to prepare my VA process for disability. I have a followup appt tomorrow with orthopedic doc and will begin the paperwork to report back to my guard unit as to whether or not I will be able to complete my Guard duties. They threatened me with an MEB so it is inevitable. My civilian doctor has already told me that I will not be able to complete the FIT test.
My question is, if I am not found fit for duty and do not receive a rating of over 30 percent, can I still ask to be retired according to this post with over fifteen yet under twenty years, or will I have to accept the severance package?
 
judigirl said:
Wow, this makes me feel a lot better. I have over 16 years total service. over seven active duty and the rest is guard time. I was in an auto accident on my way to drill which has resulted in degenerative disks in my lower back. I have been on a profile for the last year and have recently been encouraged to visit an orthopedic specialist by my guard unit so they can make the determination if I need to begin the MEB process. I have been compiling all my medical records and xrays to prepare my VA process for disability. I have a followup appt tomorrow with orthopedic doc and will begin the paperwork to report back to my guard unit as to whether or not I will be able to complete my Guard duties. They threatened me with an MEB so it is inevitable. My civilian doctor has already told me that I will not be able to complete the FIT test.
My question is, if I am not found fit for duty and do not receive a rating of over 30 percent, can I still ask to be retired according to this post with over fifteen yet under twenty years, or will I have to accept the severance package?
Click to expand...

You need a LOD, but if you were injured in car crash on the way to drill, it is in the line of duty. After that, you should get processed the same as if you were on active duty. As for your question, I have seen members allowed to retire if they get less than 30 percent in these circumstances. I have seen this in the AF mainly, though, I saw it happen in one Army case that I can remember. I would not think you would succeed in challenging this if they don't award it, though.
 
One more question sir, can you reference the reg regarding the 15 years with less than 20 years retirement.
 
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