AFBCMR changed discharge to "secretarial authority"?

Combat Vet said:
Yeah I understand that but what did your monthly CRSC payment come out too. I’ve seen people say they only have 400 or less and have 60% CRSC not sure how that works out I would think it’s more
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My monthly payments came out to $1,319.65. SRB is $7.40 per month.
 
cateyedsoldier said:
My monthly payments came out to $1,319.65. SRB is $7.40 per month.
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@Combat Vet

That likely is totally unrelated to what you will receive. There are residual retirement cases that are not discussed in this thread (it lowers the amount of CRSC you might receive .

Recommendation:

1. This forum, use the SEARCH feature at upper right of your screen.
2. Use CRSC as the search item and use either Provis or RonG as the author
3. You will find several discussions that fit your case.

I would use the more recent cases.

Good luck,
Ron

The following is an estimate I gave @cateyedsoldier in January:

RonG said:
New

Estimate based on the info you provided:

1. 2735 retired pay is reduced to zero due to amount of VA compensation.
2. 2735/70% = 3907.14 average high three base pay
3. 17 yrs 8 month active duty equivalent--17.67 x 2.5% = 44.18 % longevity multiplier
4. 3907.14 high three x 44.18% (not using REDUX) =1726.17 longevity portion of retired pay
5. CRSC approved at 60%, no dependents = 1,319.65
6. Your CRSC will be 1319.65 Unless DFAS applies the REDUX multiplier. I have been told one thing by DFAS about the REDUX for CH 61 retiress and then, upon reviewing a DFAS RAS for a REUX CASE found that it was not using the REDUX formula.

Please return up receipt of your first CRSC payment and I will back into the amount you receive.

Ron
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Ron,
I most definitely will provide you with an update once I've received the 1st monthly payment. Thanks for the information. DFAS said I should see the 1st payment February.
 
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Combat Vet said:
@ RonG have you done any reading into this at all? What would this affect? I understand some laws but they are just saying striking with which I assume that means replace.


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Also was reading and seen that they decided to push pact act first instead of this as it would be more Beneficial for I more veterans. So now hopefully they can push for this since this is the main person who was fighting for this.

This legislation is named in honor of Major Richard A. Star, a decorated war veteran who was forced to medically retire due to his combat-related injuries. Major Star sadly lost his battle with cancer on February 13, 2021.
 
Combat Vet said:
@ RonG have you done any reading into this at all? What would this affect? I understand some laws but they are just saying striking with which I assume that means replace.


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It is my understanding it would benefit many disability retirees. I don’t plan to educate myself in the computation aspects of the law until it is approved.

I sincerely hope the STARR Act will be enacted.

Ron
 
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Hello @Combat Vet

I read the STARR ACT info/summary on the MOAA website.

”Coalition members met with lawmakers and staffs throughout the day and were joined by Sen. John Tester (D-Mont.) and Rep. Gus Bilirakis (R-Fla.) in a Tuesday press conference calling for swift passage of the bipartisan legislation, which would allow combat-injured veterans to receive both vested longevity pay and VA disability. The retirement pay of these veterans is currently subject to an offset, reduced by a dollar for every dollar of VA disability received. The bill is named after Maj. Richard Star, an Army combat engineer who died of cancer in 2021. He dedicated his final months of life to calling for a change to this unjust law. “

The following sentence suggests the restoration of retired pay would be limited to the longevity portion of retired pay.
”…which would allow combat-injured veterans to receive both vested longevity pay and VA disability.”

Just a guess on my part.

Ron
cc:
@chaplaincharlie @Provis
 
Given that the Star Act has not been passed by Congress or signed into law by the POTUS any discussion of how it would effect combat vets is speculative. Laws often morph as they go through the process. Most legislative proposals never make it to POTUS for signature/veto .
 
chaplaincharlie said:
Given that the Star Act has not been passed by Congress or signed into law by the POTUS any discussion of how it would effect combat vets is speculative. Laws often morph as they go through the process. Most legislative proposals never make it to POTUS for signature/veto .
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Understood but hey at least it’s a push in the right direction which is all it takes. Once enough people back it they’re going to approve it just like everything else post 9/11. it’s sad to say but it’s mainly due to the social media influence on the world and things of that nature that help us to get these laws passed at a faster rate then pre 9/11 vets. We are all entitled to what we are entitled to some more than others but it’s a fight to get it.
 
PERS-95 said:
If there is, I haven't been able to find it.
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I might have found it. Haven't reached out yet (kinda afraid). But here's some good info for the BCNR:

How do I request copies of information associated with my docket?​


For dockets that have a final decision, requests for information must be submitted via FOIA Online at: FOIAonline Home. Requests for board member names and votes must also be submitted via FOIA Online.

Pre-decisional dockets are limited to requests for the Advisory Opinion (if applicable) and documents sent to BCNR as part of the application package. These requests should be sent to [email protected]


Also, FYI, regarding timelines:

How long will it take to process my application?​

It depends on a number of factors, the BCNR reviews applications in the order in which they are received. Due to the large number of applications and the complexity of cases, it may be as long as 18 months before a board considers your case. The BCNR processes over 10,000 applications annually and often must request records from the National Personnel Records Center prior to assigning a case to an examiner. Since the BCNR is not an investigative agency, it also routinely requests advisory opinions from other Department of Navy offices prior to hearing a case. The delays associated with getting a case ready for a Board can be lengthy depending on the workload of these outside offices and the complexity of the issues involved. Title 10 U.S.C. § 1557 mandates that 90% of all cases must be finalized within 10 months, and all within 18 months. However, the Board closely monitors case processing to mitigate potential delays, and the Board's current time to complete cases averages approximately six to eight months (i.e. From the time the application is received by the board to the final decision document being sent to the applicant). It is our mission to fully consider all applications as soon as possible.

Source
 
usmst said:
I might have found it. Haven't reached out yet (kinda afraid). But here's some good info for the BCNR:

How do I request copies of information associated with my docket?​


For dockets that have a final decision, requests for information must be submitted via FOIA Online at: FOIAonline Home. Requests for board member names and votes must also be submitted via FOIA Online.

Pre-decisional dockets are limited to requests for the Advisory Opinion (if applicable) and documents sent to BCNR as part of the application package. These requests should be sent to [email protected]


Also, FYI, regarding timelines:

How long will it take to process my application?​

It depends on a number of factors, the BCNR reviews applications in the order in which they are received. Due to the large number of applications and the complexity of cases, it may be as long as 18 months before a board considers your case. The BCNR processes over 10,000 applications annually and often must request records from the National Personnel Records Center prior to assigning a case to an examiner. Since the BCNR is not an investigative agency, it also routinely requests advisory opinions from other Department of Navy offices prior to hearing a case. The delays associated with getting a case ready for a Board can be lengthy depending on the workload of these outside offices and the complexity of the issues involved. Title 10 U.S.C. § 1557 mandates that 90% of all cases must be finalized within 10 months, and all within 18 months. However, the Board closely monitors case processing to mitigate potential delays, and the Board's current time to complete cases averages approximately six to eight months (i.e. From the time the application is received by the board to the final decision document being sent to the applicant). It is our mission to fully consider all applications as soon as possible.

Source
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Update: Lawyers reached out using that email...received canned response. It is now 11 months+ since BCNR received my application. No word on AO or anything else since initial acknowledgment email.
 
cateyedsoldier said:
I was finally granted medically retirement after an administrative discharge in May 2013. My case was filed in 2017 received and processed in 2019, adjudicated July 2021. I was referred back to the IDES process. I received my permanent medical retirement orders May 2022. I was retroactively medically retired with 70%, my DD 215 shows changes in item 9, 23, 25, 26, 27, and 28. I also was awarded 60% CRSC as well as received a remission for recoupment of my SRB.
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My situation is identical to yours. My application is in post adjudication review. Did you mind answering some questions for me.
 
usmst said:
Update: Lawyers reached out using that email...received canned response. It is now 11 months+ since BCNR received my application. No word on AO or anything else since initial acknowledgment email.
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UPDATE: Today is 15 months since my BCNR claim was received. I just received an email from my lawyers.

Discharge corrected to Honorable. Narrative reason: Medically Retired (PRDL)
50%.

Wondering how long until I should expect back pay?

Also wondering if I should challenge my VA Disability claim that was denied shortly after discharge. CUE or something?
 
usmst said:
UPDATE: Today is 15 months since my BCNR claim was received. I just received an email from my lawyers.

Discharge corrected to Honorable. Narrative reason: Medically Retired (PRDL)
50%.

Wondering how long until I should expect back pay?

Also wondering if I should challenge my VA Disability claim that was denied shortly after discharge. CUE or something?
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Hello,

Re: Your retired pay will be reduced dollar for dollar in the amount of VA compensation received. If your VA comp is more than the new retirement amount = zero back pay from DFAS. If no VA compensation = no offset.
Retired Pay and VA Compensation LINK <----

You might review CRSC material. Approved CRSC replaces some or all of waived/reduced/offset retired pay.

A link is below my name. Collection of CRSC information LINK <—-

Ron
 
RonG said:
Hello,

Re: Your retired pay will be reduced dollar for dollar in the amount of VA compensation received. If your VA comp is more than the new retirement amount = zero back pay from DFAS. If no VA compensation = no offset.
Retired Pay and VA Compensation LINK <----

You might review CRSC material. Approved CRSC replaces some or all of waived/reduced/offset retired pay.

A link is below my name. Collection of CRSC information LINK <—-

Ron
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Understood. My VA comp effective date is Aug 2016. Retired pay goes back to May 2002. Should be a little over 14 years, if I’m not mistaken…?

Or would there be an expectation of VA back pay to 2002 instead of Retired Pay?
 
usmst said:
Understood. My VA comp effective date is Aug 2016. Retired pay goes back to May 2002. Should be a little over 14 years, if I’m not mistaken…?

Or would there be an expectation of VA back pay to 2002 instead of Retired Pay?
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Hello,

Whenever a retiree applies for VA compensation, it will not be paid unless the retiree agrees to the dollar for dollar waiver.

I cannot predict what the VA will do, but with the new status, you probably will be asked to waive the retired pay as discussed , or decline VA comp (which a bad idea IMO). If your VA is effective AUGUST 2016, I have seen nothing that would indicate the VA comp will be adjusted to 2002.

Recommend you wait for the many documents you will be receiving before asking about scenarios. It is good you already understand the dollar for dollar offset.

Ron
 
RonG said:
Hello,

Whenever a retiree applies for VA compensation, it will not be paid unless the retiree agrees to the dollar for dollar waiver.

I cannot predict what the VA will do, but with the new status, you probably will be asked to waive the retired pay as discussed , or decline VA comp (which a bad idea IMO). If your VA is effective AUGUST 2016, I have seen nothing that would indicate the VA comp will be adjusted to 2002.

Recommend you wait for the many documents you will be receiving before asking about scenarios. It is good you already understand the dollar for dollar offset.

Ron
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Appreciate the insight. Good idea to wait and see.
 
Gertz2727 said:
I was discharged honorably with a personality disorder as well in 2003 from the air force since then I've got buddy letters and newer evidence plus 100% va rating for tbi (traumatic brain injury) symptoms I didn't get any letter like you did instead I decided to upgrade narrative reasoning from personality disorder to a medical discharge they finally sent me letter back with all the panel members giving thier input it sounds like each 1 wants to upgrade it to a secretarial authority discharge my friend whoworks for a Veterans benefit organization said if they do upgrade it to that then that's a huge upgrade I still think it's a cop-out though and wondering if I should accept it or take it to federal court
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cateyedsoldier said:
I was finally granted medically retirement after an administrative discharge in May 2013. My case was filed in 2017 received and processed in 2019, adjudicated July 2021. I was referred back to the IDES process. I received my permanent medical retirement orders May 2022. I was retroactively medically retired with 70%, my DD 215 shows changes in item 9, 23, 25, 26, 27, and 28. I also was awarded 60% CRSC as well as received a remission for recoupment of my SRB.
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Congratulations for getting justice!!! I am in the same boat the bored order PEB IDES review of my case. Did you get any communication from IDES/PEB or just the final outcome?
 
Hello. I got my discharge upgraded, was done in august '23, and it was upgraded from OTH to General. I also got a code of JFF and they said they are changing the reenlistment code to rer1. I was diagnosed as having PTSD, which explained a lot, and received 70% va. Because of other ratings I wound up at 80% and got 100% tdiu 2016. I had completed two tours with Honeral Discharges and was on my third. My discharge date after 12 years was 1985.

My question is, should I try to get it to a medical retirement? What do I need to do, an appeal? Thanks.
 
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