Do disabled veterans need a 180-day waiver for federal employment?

RonG

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I returned to this thread while researching another matter. My comments are not to interpret the 180-day restriction for DoD employment after entering a retired status from the military.

Much of the previous discussion involves "entitlement to retired pay." A position was taken that disability retirees with less than 20 years active duty are NOT entitled to retired pay because they did not earn it through serving at least 20 years active duty. [The applicable laws do not mention "earning" retirement.]

Contrary to that opinion,
A person who is ordered to active duty and is determined to be unfit to perform duties of his or her office, grade, rank, or rating because of physical disability
may retire under 10 U.S.C. §
1204, rule 1
or
1205, rule 2
or
1201, rule 1
or
1202, rule 2
[All depending on the number or days active duty involved.]

10 U.S.C. § 1204; 1205; 1201; 1203 are the statutory authority for military disability retirement (therefore, entitlement).


Black's Law Dictionary Free Online Legal Dictionary 2nd Ed

"What is ENTITLE?
In its usual sense, to entitle is to give a right or title. Therefore a person is said to be entitled to property when he has a right to it. Com. v. Moorhead. 7 Pa. Co.Ct. R. 510; Thompson v. Thompson, 107 Ala. 103. 18 South. 247. In ecclcsiastical law. To entitle Is to give a title or ordination as a minister."

With regard to disability retirees, they have a right to retired pay IAW current law. They do not have to fulfill a non-existent requirement to "earn" that right. Their status as a disabled retiree gives them that right/entitlement.

Ron
@Dani2920
 

crystaline137

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I have been trying to get into that Facebook group for weeks. My join request says that it still needs to be reviewed by admin. Is there any other way to join that group?
 

RonG

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I have been trying to get into that Facebook group for weeks. My join request says that it still needs to be reviewed by admin. Is there any other way to join that group?
Re: PEB Forum <—-LINK

Recommend you send a private message regarding this matter to @Jason Perry on this board

Good luck,
Ron
 

C23M

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FWIW, Having just attended the 5-day transition course (TAP), this topic came up during a discussion. A point that is often overlooked is that this 180-day rule applies only to DoD Civil Service. You can still retire from DoD and get hired on to VA, IRS, DHS etc. without a waiver or special provisions.
FACTS, this applies to DOD, hence don’t apply to dod ...
 
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