Confused and concerned

L

LostTango1

PEB Forum Regular Member
I am a little confused and concerned about what to expect from my Medical Retirement process. I have read several of the forums and found have various information on the web. It just appears to me that because I am National Guard and a Military Technician that I may not receive what my Active Duty counterpart would receive. I am straight National Guard over 21 1/2 years of service. Basic training, UH-1 AIT, UH-60 ADT, and three deployments are my only Active Duty time. My points equate to 8.4*** years active duty. I was injured in a combat zone, but not in combat. The VA has rated me at 50% for my cervical and lumbar injuries plus carpel tunnel. I am also a Military Technician with just over 13 years. I am unable to do physical labor without moderate to heavy discomfort or pain. From some of what I have read, it does not matter that I have over 21 years of service because my points equate to only 8.4*** years Active. Is this true? Will I be forced to accept severance pay instead of being medically retired if I get 20% or less? Is my only hope to get 30% or does that even matter due to my active duty time conversion? :confused:
 
LostTango1,

Welcome. If you are rated by the military at 30% or more by the PEB, you will be retired immediately. I don't know what post or issue caused confusion, but you will be treated the same as an active duty member as far as eligibility for benefits.

If you are rated at less than 30%, you will have the option to elect to receive your reserve retirement pay.

Best of luck and please let us know any questions.
 
I am just at the end of all this as a duel status Military Technician, just like you it is all NG time with 16 years of points and 25 years of service. The best I could get from the Army is 20%, so I opted for my reserve retirement at 60. I think it is a real bad deal thoese of us with over 20 years of service in reservers really do not get a fair shake.

I hope the best for you
 
Thanks jim 1960 for your reply. I now have a new question. If a Military Technicain that has 20+ years of "vested service" is found unfit for military duty with a less than 30% medical retirement; and if said Technician opts for IRR retirement instead of the severance pay; is the Technician still medically retired from the Military Technician program and eligible for medical retirement pay?
 
LostTango1 - are you a federal or a state employee? If federal, which retirement system are you under, FERS or CSRS?

CSM
 
I am a Military Technician for the National Guard; also known as excepted civil service and under the FERS program. I was on top of a Blackhawk doing maintenance in a hardened aircraft shelter (HAS) on LSA Anaconda (Blald), Iraq when I slipped on a slick surface of the hydraulic deck and then gravity took over.
 
LostTango1,
:cool: I'm also an Excepted Civil Service Technician. OPM has lots of regulations governing disability retirements. You can get a start on self education by looking here: FERS Disability

Basically, if you lose your military position, you do not meet the requirement for guard membership and you will be retired or separated. What happens after that is based on as age and length of civil service. Do you meet the requirements for an IMMEDIATE voluntary retirement annuity?

If the answer from your HRO is "yes", then you get the regular retirement. If the answer is "no", then you are eligible for the disability retirement for federal civil service technicians. I'm guessing that if you're under the age of 50 with 20+ (but not 25) years of technician time, you'll be processed for disability retirement. Brace yourself for another wait; here in Alaska it's taking about 60 days for HRO to get a determination from OPM.

Be sure to talk to your HRO specialist sooner rather than later. Let them know where you're at in the process and ask questions early. Most will answer based on what they know about you and your situation. BUT! the official process cannot begin until the military has made a decision and set your retirement date.

Good luck and keep smiling!
 
:oWhoops! I forgot to add one more critical bit of info.... NGB/SG will have the final review of your medical records. It's up to them to determine if you are fit or unfit for National Guard membership.

So, to be eligible for consideration of FERS disability pay, you must receive an "unfit" rating. (Most of the folks I know who have been found unfit only by receiving a determination from NGB) They did not go thru the whole active duty MEB/PEB process. I apologize for the omitting this important detail!
 
Remember that for combat related disabilities, you may be able to keep your technician job if you can still perform your technician job:
http://www.pebforum.com/2008-ndaa-forum/9968-sec-511-retention-dual-status-technicians.html

It sounds somewhat ambiguous if your injury was combat related. If you were just performing routine maintenance when you fell, probably not combat related. But, if for example, the bird was readying for an imminent combat mission, well, there may be a basis for both invoking this provision and for the tax related benefits of a combat related disability.

Best of luck!
 
as defined in section 1413a of this title
Click to expand...

I was on top of a Blackhawk doing maintenance in a hardened aircraft shelter (HAS) on LSA Anaconda (Blald), Iraq when I slipped on a slick surface of the hydraulic deck and then gravity took over.
Click to expand...

§ 1413a. Combat-related special compensation
[FONT=&quot](e)[/FONT][FONT=&quot] Combat-Related Disability.— In this section, the term “combat-related disability” means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that— [/FONT]
[FONT=&quot](1)[/FONT][FONT=&quot] is attributable to an injury for which the member was awarded the Purple Heart; or [/FONT]
[FONT=&quot](2)[/FONT][FONT=&quot] was incurred (as determined under criteria prescribed by the Secretary of Defense)— [/FONT]
[FONT=&quot](A)[/FONT][FONT=&quot] as a direct result of armed conflict; [/FONT]
[FONT=&quot](B)[/FONT][FONT=&quot] while engaged in hazardous service; [/FONT]
[FONT=&quot](C)[/FONT][FONT=&quot] in the performance of duty under conditions simulating war; or [/FONT]
[FONT=&quot](D)[/FONT][FONT=&quot] through an instrumentality of war. [/FONT]
 
I know I was not in combat when my injury occuried. The aircraft I was on was in for maintenence. My injuries are not as severe as others that I have seen people mention; so, I am already figuring that the informal board will give me a 10% rating.
 
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