AGR w/20y 10m calculated 1405 time will I get CRDP??

[Provis]

That's so very scary! My wife's Reserve Pension Value was about $3,400. She lucked out that she maxed out DOD% at 75%. As an O4 that came out to 6k pension. She was still short $1,500 which is what she got for CRSC. Her CRSC was 80%. Now I am going back in my mind running the numbers. Imagine she got 30% DOD with a 20 year letter. She would have had all of her chapter 61 pension offset by VA compensation. Her VA is 100%. If that had happened she would have only gotten $2,400 which is the max based on CRSC pay tables. That means she would have lost out on a $1,000 a month from the start and then when she tried to be made whole at age 60 she would lose out on a large chunk due to inflation eating away her earned pension since the pay charts would be based on 20 years earlier.

WOW!!! All the more reason that Soldiers need to give all of the attention to detail while in IDES. This is another strong argument for hiring a good private IDES attorney. That's super scary!!!

 

[RetiredColonel-MikeT]

That's so very scary! My wife's Reserve Pension Value was about $3,400. She lucked out that she maxed out DOD% at 75%. As an O4 that came out to 6k pension. She was still short $1,500 which is what she got for CRSC. Her CRSC was 80%. Now I am going back in my mind running the numbers. Imagine she got 30% DOD with a 20 year letter. She would have had all of her chapter 61 pension offset by VA compensation. Her VA is 100%. If that had happened she would have only gotten $2,400 which is the max based on CRSC pay tables. That means she would have lost out on a $1,000 a month from the start and then when she tried to be made whole at age 60 she would lose out on a large chunk due to inflation eating away her earned pension since the pay charts would be based on 20 years earlier.

WOW!!! All the more reason that Soldiers need to give all of the attention to detail while in IDES. This is another strong argument for hiring a good private IDES attorney. That's super scary!!!

In that particular case she would have needed to hit 100%, so, yeah, she lucked out

 

[oshark2]

Just curious, did you automatically get your pension + VA compensation when you reached age 60? Or did you apply? Makes me a bit worried if automatically since my wife's maxed out compensation already with her chapter 61 pension, VA pay & CRSC. Since all of it is exempt from taxes she want's no part in CRDP since she is made whole with CRSC and her chapter 61 pension was exempt from taxes due to a combat related unfitting condition.

I think I can answer your question about pay too. I wonder if it used last pay charts because when you were medically retired that you weren't put in gray area status. It might be a simple issue with DFAS but you would need to call them and probably create a ticket. If you get the run around you will probably need help via a congressional inquiry.

Thank you. It was automatic. I have a copy of the order from my Comnand placing me in the "ready reserve" after my discharge but never received anything from DFAS. I have appealed to them, sent lots of paperwork and requested an audit but their answer is simply pages of "this is how we figured your pay. No answer to any questions I have asked.
How would I start a Congressional inquiry?

 

[oshark2]

I can answer this for you: the Financial Management Regulations (FMR) were updated in June 2022 to use the date of retirement under ANY other statute, in this case, Ch 61, which would date it to 1997 in your case. I found this out as I retired in 2015 and was only going to have my ARNG retirement based on 2015 tables not 2025 ones when I turned 60.
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I was discharged under Chapter 61, however I was moved to the Ready Reserve (Isn't that the grey area), right after. I did not receive pay until age 60 but DFAS calculated from the date of discharge. Are you telling me that if I had simply gotten out after over 20 years I would have gotten a different pay rate based on the dates?

 

[RetiredColonel-MikeT]

I was discharged under Chapter 61, however, I was moved to the Ready Reserve (Isn't that the grey area), right after. I did not receive pay until age 60, but DFAS calculated it from the date of discharge. Are you telling me that if I had simply gotten out after over 20 years, I would have gotten a different pay rate based on the dates?

Sadly, you are 100% correct. I guess the thought process involved is that you received a retirement from the day you got out (as did I) as a Ch 61 vs just sitting in the ready reserve waiting to get your pay. Of course, anything received under Ch 61 got offset by the VA, so most got nothing by that little "reward" of being retired under Ch 61. The benefit of having healthcare for the rest of one's life isn't so bad in the grand scheme of things and in more cases than not, offsets the difference in pay scales. Mine was a difference from the best I can estimate of $300/mo as an O-6. Don't get me wrong: I'm not justifying the change and was quite pissed off when I found out

 

[oshark2]

Sadly, you are 100% correct. I guess the thought process involved is that you received a retirement from the day you got out (as did I) as a Ch 61 vs just sitting in the ready reserve waiting to get your pay. Of course, anything received under Ch 61 got offset by the VA, so most got nothing by that little "reward" of being retired under Ch 61. The benefit of having healthcare for the rest of one's life isn't so bad in the grand scheme of things and in more cases than not, offsets the difference in pay scales. Mine was a difference from the best I can estimate of $300/mo as an O-6. Don't get me wrong: I'm not justifying the change and was quite pissed off when I found out

This is what I found on the DFAS website. Although I was AGR disability retired I had 21 years total and have my 20 year letter. I did not receive pay until age 60. Yet they calcuated from the date of dishcharge. This is contrary to their own rules.

Note: For Reserve/Guard members who receive their Notification of Eligibility for Retired Pay at Age 60 (“NOE”) and are later retired under Chapter 61 for disability with immediate retired pay, concurrent retired pay may not be paid until the member reaches the eligibility age that (s)he otherwise would have been required to reach in order to start receiving military retired pay. This is because there is no provision of law under which such a member would be entitled to receive retired pay before eligibility age if the member had not been retired under Chapter 61 for disability.
Example: In 2020, a Reservist/Guard member received their NOE notifying the member that they had completed 20 or more years of service computed under 10 U.S.C. § 12732. The member is later retired for disability under Chapter 61 with immediate retired pay (before reaching eligibility age). The member is also entitled to VA Disability Compensation based on a service-connected disability that is rated by VA as 50 percent disabling. The member is not entitled to be paid concurrent military disability retired pay until the member reaches the eligibility age that (s)he otherwise would have been required to reach before military retired pay would have started. The Branch of Service must inform DFAS of the member’s eligibility age and the service that is creditable to compute the concurrent military disability retired pay. This member may only receive concurrent military disability retired pay after reaching eligibility age and only in an amount equal to what the member would have received at eligibility age if (s)he had not been retired for disability under Chapter 61.

 

[RetiredColonel-MikeT]

This is what I found on the DFAS website. Although I was AGR disability retired I had 21 years total and have my 20 year letter. I did not receive pay until age 60. Yet they calcuated from the date of dishcharge. This is contrary to their own rules.

Note: For Reserve/Guard members who receive their Notification of Eligibility for Retired Pay at Age 60 (“NOE”) and are later retired under Chapter 61 for disability with immediate retired pay, concurrent retired pay may not be paid until the member reaches the eligibility age that (s)he otherwise would have been required to reach in order to start receiving military retired pay. This is because there is no provision of law under which such a member would be entitled to receive retired pay before eligibility age if the member had not been retired under Chapter 61 for disability.
Example: In 2020, a Reservist/Guard member received their NOE notifying the member that they had completed 20 or more years of service computed under 10 U.S.C. § 12732. The member is later retired for disability under Chapter 61 with immediate retired pay (before reaching eligibility age). The member is also entitled to VA Disability Compensation based on a service-connected disability that is rated by VA as 50 percent disabling. The member is not entitled to be paid concurrent military disability retired pay until the member reaches the eligibility age that (s)he otherwise would have been required to reach before military retired pay would have started. The Branch of Service must inform DFAS of the member’s eligibility age and the service that is creditable to compute the concurrent military disability retired pay. This member may only receive concurrent military disability retired pay after reaching eligibility age and only in an amount equal to what the member would have received at eligibility age if (s)he had not been retired for disability under Chapter 61.

You did not receive retired pay under Ch 61 because it was completely offset by the VA. That doesn't preclude them from using your pay scale from the date of being Ch 61 retirement under the section I included from the FMR. Technically, you could have opted to take the Ch 61 pay and forego the VA compensation, but who wants to do that when a lot of the times the Ch 61 pay is a) taxable and/or b) a lot less than the VA compensation.