Recent content by RetiredAtty

Based on your factual representations, it would appear that you have a sound basis to convince ARMMC or the Army Human Resources Command (HRC) that your behavioral health condition is duty related because it was incurred or aggravated during a period of active duty service greater than 30 days...

You should request a DFAS audit of the CRSC calculation and payment, which should provide you the granular detail into how DFAS determined the CRSC retroactive payment amount due. It will also confirm whether DFAS properly complied with the retroactive calculations required by a records...

The MEB determines whether your condition meets retention standards, including whether it impacts your duty performance. Given the BUMED determination, which is presumably supported by medical records and a medical opinion, it is likely that the MEB will conclude the condition does not meet...

The parties in the longstanding Ford v. United States military pay case in the U.S. Court of Federal Claims recently filed as an exhibit a Board for Correction of Naval Records (BCNR) Policy Letter 23-1 outlining “Board Member Responsibilities.” It is attached to this post as an item of interest...

If you are eligible for a disability retirement and you are on the promotion list for O-6 at the time of your placement on the permanent disability retired list, your retirement grade will be O-6 under 10 U.S.C. § 1372. The US Army Physical Disability Agency, a component of the US Army Human...

The statement by your MH provider is strong evidence that you suffered from a medical condition that did not meet retention standards, which may be sufficient to meet your burden of showing that your MH condition should have been considered as part of your DES process. But, a conclusory...

To persuade the ABCMR that the Army's failure to consider your PTSD as part of your medical separation was a material error or an injustice, you will need to show by a preponderance of the evidence that (1) you suffered from PTSD while on active duty (or it was incurred or aggravated during a...

Although I’m not an expert on this and I’m only basing this conclusion on the facts as you present them on this site, as an enlisted member of the Reserve Component, it does not appear that you are eligible for advancement on the retired list. See Army Reg. 15-80, ¶ 3-2.a; 10 U.S.C. § 7344. DoD...

DFAS calculates the retired pay base by using the 36 months during which the Soldier earned their highest rates of basic pay, regardless of when those months occurred in the timeline of the Soldier's period of service. The applicable regulatory provision is below, as is a link to the...

Soto is set for argument on Monday, April 28th. It is usually a pretty good bet that when the Supreme Court grants cert in a case decided by the Federal Circuit, the justices are going to overrule the Federal Circuit decision. Here are the petitioner and U.S. briefs.

That's correct, NavyICE.

The six-year cap on retroactive CRSC is calculated from the date of your claim, not from the date the claim was approved. You submitted your claim in Nov 2023; by law you cannot receive any CRSC payments based on the period of time before November 2017, because that period exceeds six years...

The office that cuts disability retirement orders and processes them with DFAS is the US Army Physical Disability Agency, which is part of HRC. It now operates out of JBSA, Tx. They have an email contact link on their website you could try...

Congratulations on obtaining relief at the ABCMR. NVLSP and the BigLaw attorneys handling their cases pro bono are a tremendous resource for veterans. It will likely take 6 months or more for your military records to be corrected to reflect your disability retirement effective May 2012...

Consider yourself very fortunate. In the vast majority of cases, when the Deputy Assistant Secretary of the Army for Review Boards (DASA-RB) declines to follow the Board’s recommendation, it is to deny relief that the Board has recommended. In most cases, the ABCMR action is final without review...