CRSC, OPM Leave Accrual Credit, and Updating Retirement Orders/DD-214

Hello everyone,
I’m a retired Air Force NCO (20 years, regular retirement, not Chapter 61) and currently a federal employee under FERS. I recently started researching leave accrual credit for military retirees and came across OPM’s guidance stating:
“Most military retirees cannot receive leave accrual credit unless their retirement was based on a disability received as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war.”
I’m also in the process of applying for Combat-Related Special Compensation (CRSC) and expect a high rating based on injuries related to deployments and toxic exposure, etc. I’m 100% P&T with the VA and currently receive CRDP.
My Questions:

1. Has anyone successfully used CRSC approval to qualify for leave accrual credit under OPM’s rules?

2. Has anyone had success with the Air Force Board for Correction of Military Records (AFBCMR) in reclassifying their retirement as based on an instrumentality of war? Specifically, since I retired under a regular retirement and not Chapter 61.

3. Can just the DD-214 or retirement orders be updated to reflect that retirement was based on combat and/or an instrumentality of war without a medical board?

4. I don’t know if I’ll receive 100% CRSC, but I expect to be close. Has anyone navigated this situation with a partial award?


5. Has anyone successfully obtained RIF protection on their SF-50 under similar circumstances?


I’d love to hear about any experiences, approvals, denials, or advice on this topic.
 
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It's an interesting question... I'm a fers retiree now, but previously did get the leave accrual option when I was in.

Here is something I found that appears to give you an option...

  • Actual service during a war declared by Congress or while participating in a campaign or expedition for which a campaign badge is authorized. OR,
  • All active duty when retirement was based on a disability received as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war.
 
Thanks for the reply. I still need guidance on specifically if I receive crsc as a regular retiree, can my current 214 and/or retirement orders be updated/amended to reflects that my retirement was based on combat injury? Right now I do not have that caveat on my paperwork and after being approved for CRSC, I want to pursue that - I think. I do not want to have my regular retirement changed to a chapter 61. I just want to 214/orders to have the caveat to help me with HR at my civil service job. Thanks again.
Why am I here now, 9 years post retirement? Because when I was out processing medical, 3 days prior to flying out, I had my medical review. They noticed that I should have been med boarded and it didn’t happen, the did send a NARSUM at that moment. They also said that since I had my orders in hand, there was no need for a medical board and they cleared me. While I was on terminal, a VSO completed my VA paperwork and it returned 100% P&T. I didn’t understand chapter 61 when I was out processing. I never even knew that I should have had an MEB. No one ever mentioned it to me. I only learned of CRSC last month. I have no doubt that CRSC will be approved after I apply. I’m just looking ahead at my paperwork being amended with the caveat.
I realize this is not a common question or situation. It’s difficult to find specific insight into the process or even the ability to have it done.

Thanks again!
 
1W2W said:
Thanks for the reply. I still need guidance on specifically if I receive crsc as a regular retiree, can my current 214 and/or retirement orders be updated/amended to reflects that my retirement was based on combat injury? Right now I do not have that caveat on my paperwork and after being approved for CRSC, I want to pursue that - I think. I do not want to have my regular retirement changed to a chapter 61. I just want to 214/orders to have the caveat to help me with HR at my civil service job. Thanks again.
Why am I here now, 9 years post retirement? Because when I was out processing medical, 3 days prior to flying out, I had my medical review. They noticed that I should have been med boarded and it didn’t happen, the did send a NARSUM at that moment. They also said that since I had my orders in hand, there was no need for a medical board and they cleared me. While I was on terminal, a VSO completed my VA paperwork and it returned 100% P&T. I didn’t understand chapter 61 when I was out processing. I never even knew that I should have had an MEB. No one ever mentioned it to me. I only learned of CRSC last month. I have no doubt that CRSC will be approved after I apply. I’m just looking ahead at my paperwork being amended with the caveat.
I realize this is not a common question or situation. It’s difficult to find specific insight into the process or even the ability to have it done.

Thanks again!
Click to expand...
If you retired then there isn't much to gain from a medical retirement. You can't gross more. CRSC can't help you gross more either. If you have 50% or higher VA compensation + a 20 year AFS retirement you are getting the max amount. The only way to net more compensation is by getting some of your retirement tax free. That can be down by getting CRSC but your CRSC would need to be 100% so that it matches the amount you get for VA compensation OR by chapter 61 pension with an unfitting condition that is found by the PEB to be combat related AND your total DOD% must be greater than your earned longevity pension. If you were 40% DOD and unfitting combat related your chapter 61 pension would still not be tax exempt since your longevity pension earned is 50% or greater.

So as you can see there isn't much to gain. I would apply for CRSC. It can go back up to 6 years and if you get the same compensation amount for CRSC as your current VA compensation that would be a way to make more of your income tax free. As for a retro chapter 61 retirement that would take years through a BCMR and even if you won that doesn't mean you get what you want. Then after doing a ton of legal paperwork and waiting years they would have you go through IDES using your old paperwork and the PEB would rule on what they would have awarded you. If warranted a chapter 61 retirement but there is no net benefit to you unless they retro awarded you a DOD% greater than your earned regular retirement.

So I would just look at applying for CRSC. If the CRSC amount is less than your VA compensation just continue to collect VA compensation as you only can get CRSC or VA and you want the greater amount. Maybe you could accept CRSC if slightly less if you are in a high tax bracket but that's a narrow use case most won't fit in to.

If you have earned a regular retirement and are getting 100% VA I would not bother. If I did bother with it I would apply for CRSC and MAYBE I can get more net compensation due to CRSC tax free IF the CRSC % award equaled the same amount of my VA compensation. If you want to spend a lot of time and effort for a small chance of slightly better payoff you could file with the BCMR that you should have been medically retired via chapter 61. A lot of branches will find you fit for duty regardless of your health issue if you have reached 20 year regular retirement.
 
1W2W said:
Thanks for the reply. I still need guidance on specifically if I receive crsc as a regular retiree, can my current 214 and/or retirement orders be updated/amended to reflects that my retirement was based on combat injury? Right now I do not have that caveat on my paperwork and after being approved for CRSC, I want to pursue that - I think. I do not want to have my regular retirement changed to a chapter 61. I just want to 214/orders to have the caveat to help me with HR at my civil service job. Thanks again.
Why am I here now, 9 years post retirement? Because when I was out processing medical, 3 days prior to flying out, I had my medical review. They noticed that I should have been med boarded and it didn’t happen, the did send a NARSUM at that moment. They also said that since I had my orders in hand, there was no need for a medical board and they cleared me. While I was on terminal, a VSO completed my VA paperwork and it returned 100% P&T. I didn’t understand chapter 61 when I was out processing. I never even knew that I should have had an MEB. No one ever mentioned it to me. I only learned of CRSC last month. I have no doubt that CRSC will be approved after I apply. I’m just looking ahead at my paperwork being amended with the caveat.
I realize this is not a common question or situation. It’s difficult to find specific insight into the process or even the ability to have it done.

Thanks again!
Click to expand...
Well, that rule I linked to should fix the civil service issue regarding leave accrual you asked about.

Since you believe you will secure CRSC that's solved. (And before I finished posting Provis answered in detail.)

All that's left is your order/214 question. I do not believe "regular retirement was awarded due to combat injury or disability" is a thing. One would have to go through the DoD IDES investigation to prove the statement you are requesting and then be placed on chapter 61... Retired for combat injury.

Edit:Forgot to add you should be good to go regarding RIF protection without changing any of your documents. You meet the standard for multiple reasons.

"Veterans' preference is somewhat complex. In accordance with title 5, United States Code, Section 2108, Veterans' preference eligibility can be based on dates of active duty service, receipt of a campaign badge, Purple Heart, or a service-connected disability."

www.opm.gov

Veterans’ Preference

Welcome to opm.gov
www.opm.gov www.opm.gov
 
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