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Completion of MEB Because of AGE

Need advise from members. I am currently in the process of a MEB, C&P exams complete. After speaking with my PEBLO a few days ago I was informed that there is a chance I will be found fit for duty because I will make it to age 60 and will be able to draw my MDAY retirement. I was boarded for bilateral hip and a knee replacement in addition to back issues. I thought it was odd that my PEBLO stated that before the results are even completed. I will turn 60 next month and want to complete the board. I am AGR and and have requested an extension to complete the board to no avail. My unit is persistent about turning in a request to retire letter. I fell like I am being pushed out before i get a chance to complete the board that could result in losing pay and benefits. Guidance appreciated.
 

RonG

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Need advise from members. I am currently in the process of a MEB, C&P exams complete. After speaking with my PEBLO a few days ago I was informed that there is a chance I will be found fit for duty because I will make it to age 60 and will be able to draw my MDAY retirement. I was boarded for bilateral hip and a knee replacement in addition to back issues. I thought it was odd that my PEBLO stated that before the results are even completed. I will turn 60 next month and want to complete the board. I am AGR and and have requested an extension to complete the board to no avail. My unit is persistent about turning in a request to retire letter. I fell like I am being pushed out before i get a chance to complete the board that could result in losing pay and benefits. Guidance appreciated.
Full disclosure: I was not a member of the reserve/NG component.

I do have some experience with retirement issues.

The requirements to receive RC retired pay include:
a. Having "20 good years" and a 20-year letter.
Reserve retirement is sometimes called non-regular retirement. Members who accumulate 20 or more years of qualifying service are eligible for reserve retirement when they reach age 60 or, in some cases, a lesser qualifying age
b. Meeting the age requirement, usually 60 but can be less. A member is generally not eligible for Reserve (non-regular) retired pay until they reach age 6o. However, any member of the Ready Reserve who is recalled to active duty or, in response to a national emergency, is called to certain active service after January 28, 2008, shall have the age 60 requirement reduced by 3 months for each cumulative period of 90 days so performed in any fiscal year after that date.

Many reservists/NG receive a medical retirement (Chapter 61) before they meet the RC age requirement, but they have met the service requirement and have a 20-year letter.
A few months before the age requirement is met, the disability retiree can submit a request for his/her RC retirement.

Ron

Edited to add:
[some of the following is case specific]

Here is a similar case to which I replied last Friday.:

There are hundreds of cases like yours discussed on this board. Look under CRSC (i.e., search).



I infer you initially have a CH 61 disability retirement.
If so, the retired pay will be computed as follows:

Your retired pay will be computed using one of two methods [for the multiplier]:
  • your disability percentage (using a minimum of 50 percent for payment purposes while on the TDRL), referred to as Method A, or
  • your years of active service, referred to as Method B. The years of active service are the Active Duty Equivalent x 2.5% (or 2% for blended retirement)
Average high three base pay is the total of one's highest 36 months of pay divided by 36.

Your pay will be computed based on whichever is more beneficial for you.

Example:
Method A, DoD disability retirement percentage = 60% (if on TDRL 50% is minimum)
Method B, 10 years Active Duty Equivalent x 2.5% = 25%
Method A would be the multiplier in this example = 60%

The Disability retired pay would be: Average high three for base pay x 60% multiplier = Disability Retired pay
The disability retired pay is reduced dollar for dollar in the amount of VA compensation received. Any residual/left over retired pay is kept by the retiree.
CRSC: The combination of residual retired pay and CRSC cannot exceed the longevity portion of retired pay. That computation is Method B and is also the computation for RC retirement. One who has retied under CH 61 can apply for a Reserve retirement a few months prior to meeting the age requirement. The approval will trigger DFAS to pay CRDP if otherwise qualified.

The same reduction/waiver would apply if method B was used.

If you are interested in only info for a RC retirement, the info for Method B is the computation. 25% was the multiplier.

Your CRSC at 40% approval: The amounts for the approved percentages by the services concerned are in the VA compensation tables.
See LINK <----

The CRSC in a case such as yours is the LESSER of
--The CRSC amount found in the VA comp tables
OR
--The dollar amount of the longevity portion of retired paty.
Note: In both cases, the combination of residual retired pay and CRSC cannot exceed the dollar amount of the longevity portion of retired pay.

Ron
 
Last edited:

KGB6917

PEB Forum Regular Member
Registered Member
Full disclosure: I was not a member of the reserve/NG component.

I do have some experience with retirement issues.

The requirements to receive RC retired pay include:
a. Having "20 good years" and a 20-year letter.
Reserve retirement is sometimes called non-regular retirement. Members who accumulate 20 or more years of qualifying service are eligible for reserve retirement when they reach age 60 or, in some cases, a lesser qualifying age
b. Meeting the age requirement, usually 60 but can be less. A member is generally not eligible for Reserve (non-regular) retired pay until they reach age 6o. However, any member of the Ready Reserve who is recalled to active duty or, in response to a national emergency, is called to certain active service after January 28, 2008, shall have the age 60 requirement reduced by 3 months for each cumulative period of 90 days so performed in any fiscal year after that date.

Many reservists/NG receive a medical retirement (Chapter 61) before they meet the RC age requirement, but they have met the service requirement and have a 20-year letter.
A few months before the age requirement is met, the disability retiree can submit a request for his/her RC retirement.

Ron

Edited to add:
[some of the following is case specific]

Here is a similar case to which I replied last Friday.:

There are hundreds of cases like yours discussed on this board. Look under CRSC (i.e., search).



I infer you initially have a CH 61 disability retirement.
If so, the retired pay will be computed as follows:

Your retired pay will be computed using one of two methods [for the multiplier]:
  • your disability percentage (using a minimum of 50 percent for payment purposes while on the TDRL), referred to as Method A, or
  • your years of active service, referred to as Method B. The years of active service are the Active Duty Equivalent x 2.5% (or 2% for blended retirement)
Average high three base pay is the total of one's highest 36 months of pay divided by 36.

Your pay will be computed based on whichever is more beneficial for you.

Example:
Method A, DoD disability retirement percentage = 60% (if on TDRL 50% is minimum)
Method B, 10 years Active Duty Equivalent x 2.5% = 25%
Method A would be the multiplier in this example = 60%

The Disability retired pay would be: Average high three for base pay x 60% multiplier = Disability Retired pay
The disability retired pay is reduced dollar for dollar in the amount of VA compensation received. Any residual/left over retired pay is kept by the retiree.
CRSC: The combination of residual retired pay and CRSC cannot exceed the longevity portion of retired pay. That computation is Method B and is also the computation for RC retirement. One who has retied under CH 61 can apply for a Reserve retirement a few months prior to meeting the age requirement. The approval will trigger DFAS to pay CRDP if otherwise qualified.

The same reduction/waiver would apply if method B was used.

If you are interested in only info for a RC retirement, the info for Method B is the computation. 25% was the multiplier.

Your CRSC at 40% approval: The amounts for the approved percentages by the services concerned are in the VA compensation tables.
See LINK <----

The CRSC in a case such as yours is the LESSER of
--The CRSC amount found in the VA comp tables
OR
--The dollar amount of the longevity portion of retired paty.
Note: In both cases, the combination of residual retired pay and CRSC cannot exceed the dollar amount of the longevity portion of retired pay.

Ron
Thanks Ron
 

KGB6917

PEB Forum Regular Member
Registered Member
After seeing @RonG 's comments, how do you see your situation?
Chaplain Charlie, I understand Rons post. I am very concerned with the outcome. My unit will not extend me because I will be eligible for retirement at age 60. As of this date I do not have my NARSUM and might not know the VA percentage until I am retired in January. This creates an issue where if I appeal Iwill have to do it on my dime.
 

KGB6917

PEB Forum Regular Member
Registered Member
I contacted the IG 2 weeks and was told they do not get involved in cases pertaining to a med board.
 

Provis

Well-Known Member
PEB Forum Veteran
Registered Member
I contacted the IG 2 weeks and was told they do not get involved in cases pertaining to a med board.
If IG won't help you can contact your local congressperson. I had to get one involved and it was very helpful. Totally different issue but I was pleasantly surprised by how helpful they were in getting my issue resolved.
 

SFC H

Well-Known Member
PEB Forum Veteran
Registered Member
This is an issue that one department is saying that it’s another department’s problem. One retirement cost more than another, which saves Big Uncle Sugar more. It needs to be PROVEN that the reason for the MEB happened well before you reached 60 yrs of age.

Can you explain why you need to be boarded?

@RonG for high three...
 

SFC H

Well-Known Member
PEB Forum Veteran
Registered Member
Just rambling here,

What if you where to ETS? Your active guard right? Should have up to a year after ETS to file service connected claims. AGR‘s in my location receive better medical retirements than the Tech‘s receive. Plus 5 years of VA care if AGR coming off deployment.
 

KGB6917

PEB Forum Regular Member
Registered Member
This is an issue that one department is saying that it’s another department’s problem. One retirement cost more than another, which saves Big Uncle Sugar more. It needs to be PROVEN that the reason for the MEB happened well before you reached 60 yrs of age.

Can you explain why you need to be boarded?

@RonG for high three...
I will try to make this short. I received a P3 profile in November 2018 for hip and back. At that time I had a hip and knee replacement and back issues. I was notified by my medical command that they had 1 signature and when they got the second I would be notified. In November 2019 I had my other hip replaced. I was informed in March of 2020 from my medical command that it was not started. My medical command is National Guard and I am AGR (active duty). In May 2020 I was informed I was being med boarded by an active duty medical command. I have completed all my C&P exams, I have not received my NARSUM or ratings. I have over 16 years of active duty, 32 years total. 3 deployments, 2 combat. My issue is it appears my active duty orders will end before I know the results of the med board. If i have to file an appeal for any reason it will be on my time and my dime. I can retire at age 60 with an MDay retirement (20 year letter).
 

Provis

Well-Known Member
PEB Forum Veteran
Registered Member
I will try to make this short. I received a P3 profile in November 2018 for hip and back. At that time I had a hip and knee replacement and back issues. I was notified by my medical command that they had 1 signature and when they got the second I would be notified. In November 2019 I had my other hip replaced. I was informed in March of 2020 from my medical command that it was not started. My medical command is National Guard and I am AGR (active duty). In May 2020 I was informed I was being med boarded by an active duty medical command. I have completed all my C&P exams, I have not received my NARSUM or ratings. I have over 16 years of active duty, 32 years total. 3 deployments, 2 combat. My issue is it appears my active duty orders will end before I know the results of the med board. If i have to file an appeal for any reason it will be on my time and my dime. I can retire at age 60 with an MDay retirement (20 year letter).
I thought that if you are in IDES and your active duty orders are to end that they are supposed to extend them until you finish IDES. If that's the case they should keep you on active duty orders and it won't be on your time or dime. I think its definitely worth hiring an attorney. It would probably be well worth the money if you can stay in until this is finished for many reasons to include every month of active duty helps you accrue more towards retirement, you could be medically retired at a higher rate than your M Day retirement and while on active duty orders you are getting additional tax free perks like BAH. PM me if you want some recommendations. I have a couple good ones.
 

Guardguy11

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Staff Member
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Registered Member
This is a tough one and yours might be the first I have seen dealing with the age 60 barrier and MEB. Depending on your points, you can potentially get less money in retirement than if you are MEB'd. Can you answer a few more questions?:
- How many years of active duty title 10 time do you have?
- How many points do you currently have?
- How long have you been AGR?

As I understood it, you couldn't be allowed into the AGR program unless you can hit 20 years title 10 time before age 60. That would lead me to believe that you already have 20 years of active duty service in addition to your 20+ years of total services.

If you already have 20 years of title 10 time, I would go ahead and sign the retirement letter. The reason being is that stated MEB conditions are extremely hard to get good ratings on. Mobility issues have a low rate of disability overall. It has to be really really bad to get over 50%. If you have 20 years of title 10 time, you retirement will already be 50% of your base pay forever.

With that said, once I have the answers to the questions above, I can give you better advice on how to move forward.
 

KGB6917

PEB Forum Regular Member
Registered Member
GUARDGUY
My total active duty years is 16.48, 5934 points divided by 365
I am still on active duty. At the end of the month I have 6746 points for retirement
I added my AGR time to other active duty. At the end of January I will have 13 years and 3 months. I was assigned to R&R, they probable thought I would never last that long
 

Guardguy11

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
That’s really interesting they put you on the AGR program without the ability to hit 20 years of title 10 time for retirement. I thought there was a DODI that forbid that... maybe they had a waiver.

Either way, like I said earlier, your situation is extremely unique. The IPEB won’t find you fit for duty just because of the 60 age timeframe, but if they don’t push it to the IPEB before your 60th, I could see you falling into some weird caveat where they have to punt you out. If you are forced to the MDAY retirement over a MEB retirement, you will lose out on some money, potentially, but not much. Like I said, mobility issues are incredibly difficult to get high ratings on. Depending on your rank, you may actually make more money with your MDAY retirement.

Please know that regardless of the outcome for this, you can still apply for VA benefits and compensation. That is able to be completed outside of the MEB and will result in some form of compensation for you.
 

KGB6917

PEB Forum Regular Member
Registered Member
UPDATE: My orders were extended through March 30, 2021. NARSUM was completed and sent to MEB. My proposed ratings came back at DOD 60 VA 100. I signed my 199 on March 30, 2021. I was informed April 16,2021 that I was disenrolled from IDES. I assume this is because HR cut my DD214 stating MDay retirement. I was informed by my VA rep that I will have to start the VA process over. I contacted HR 16 April and was informed my MDay packet should be completed Monday. As of today I have approximately 74 days of Tricare, nno CRDP and will have to wait approximately 90 days on my MDay retirement.
 
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