Guard Retirement Pay

Saw a couple of posts that hinted to this but didnt answer my question.

I am an E-5 and have been in the guard since 8 AUG 2001. My retirement sheet from APR 2008 says I have 6 years towards retirement (this is correct for the date it was published, should now be at 7 years). My retirement points are 862 (not even sure how they come into play).

My packet is currently under review and waiting on rating results. If I receive 30% PDRL, how will my pension be calculated?

I have seen posts that use the "High Three/36" method. I have seen posts that take your rating percentage based on your current rate (30% of E-5 base pay). Not sure what method is used and if being in the guard changes the calculations. Any help would be appreciated.
 
Click to expand...
The correct calculation is percentage of retired base pay.

Retired base pay is the High Three/36 amount. Guard status does not impact this.
 
Thanks for the clarification.

I'm assuming that the high three is based on the active duty pay schedule and not the drill pay schedule. IE: E5 drill pay $300 vs. E5 active pay $2500.
 
Retirement Pay for Reservist

Jason,

I am at the WTU and the people are telling me that on my retirement orders that under Section 1405 they are putting 15 years and 8 months, under percentage they put 80%, my retirement type is Permanent Disability.

I have a 20 year letter and on my Chronological Statement of Retirement Points, from US Army Reserve Personnel command I have 23 years 8 months qualifying years for retirement. My total points ( from Jan 2008) are 5587.

According to DFAS this means I am not getting a retirement check because the 1405 Section on the orders does not reflect a 20 year letter.

The last Reservist in my WTU that they did this to did not get a retirement check until the WTU made the corrections.

What is supposed to be on the orders?

Frank
 
Frank,

It sounds to me like the person at DFAS you spoke to is confused. By definition, if you are on PDRL, you are retired and get retired pay. The reference should say something like Authority 10 USC Sec. 1201 (or 1206).

I am not sure that I understand the full picture, though. What caught my eye was the reference to the last Reservist that they had to correct their orders. If there was a correction that had to be made on that Soldiers orders for the same issue, seems to me that would point you in the right direction.

I understood that you were still on active duty. Is that the case?...if so, it may be that the people at DFAS are just answering the question without looking at the orders or your case. Hard to know, but my point is there may be a different outcome from them answering a question versus processing your pay.
 
Jason,

On my retirement orders the statute authorizing retirement is listed as 1372, why doesnt it state Title 10, Chapter 61, etc?

My USAR Chronological statement of retirement points states years qualifying for retirement is 23 years, 8 months, 17 days.

On my orders under Section 1405 they put 15 years, 8 months, 16 days. This translates into a big difference in pay, if they pay me at all.

Also under PEBD they put not applicable, my date of entry was 19790407,
meaning I am 75% of last basic pay schedule paid, not high 3.

How do I get them to change my orders to get them correct? They have been doing it for other guys.

How do I get to Finance to get correct information?

Frank
 
Frank,

It sounds like your orders are incorrect. The Title 10 USC Sec. 1372 is the statute for determining grade on retirement. The Section 1405 reference is to the total credit for active federal service. It adds up all the duty performed in a reserve status plus time on active duty.

As far as getting your orders corrected, I think you would go to the transition point that issued the orders (i.e., I think that finance won't make the change, they just act on what is in the orders, I think it is retirement section that needs to get this fixed). But if asking them doesn't work, raise it with your chain of command, or complaint to the IG are among things you could try.
 
Jason,

Yes, I am going to Retirement to try to get these orders fixed, but the main thing I need to know, is does my qualifying years for retirement according to the USAR Statement, 23 years 8 months, is this what is supposed to be on the orders under Section 1405? And not 15 years, like the WTU has put in.

If the WTU keeps this on the orders it cuts my retirement down considerably, if Cleveland will even pay me at all.

You have to understand that the WTU is having benefits cut right now, every place the Pentagon can cut. I just saw on the AW2 site that Pentagon is telling all WTU soldiers that we are no longer authorized to take transitional leave, unless we have already sold our leave back earlier and cannot do so now.

So not everybody is telling us the truth, and they are often giving us total BS. I have already put in an IG complaint and it did not help me one bit, it helped other people at the WTU because they are passing out a questionnaire to everyone asking if they are satisfied. Also, they are changing a couple of soldiers orders because they do not want anyone else complaining right now. Usually putting in an IG complaint only makes your command mad at you.

Because of the current situation I really need an attorney to represent me. I can try to read all of the Finance REgs so that I am knowledgeable about what is being put on my orders, but they can talk circles around me.

Frank
 
Frank,

A confusing part of the calculations are that there are different calculations for different purposes.

I don't know if the 15 years is actually correct, what they should have done is added up every single day of service. It looks like this may be right based on the points you mentioned before. Under Section 1405 purposes, this sounds right.

This does not matter for your retirement pay calculation. That will be 75% of your final basic pay (if they fix your PEBD issue). Your authority for retirement is most likely Title 10 USC Sec 1201.

The 23 years will be important for your eligibility for CRDP, which you will get at age 60.

This type of administrative processing of your transition paperwork should not require attorney assistance. I do understand that this stuff can be confusing, but if you are tracking with what I have stated so far and feel comfortable in talking to the Retirement section based on that, I would try that first. If you absolutely feel you need representation, you can contact me to discuss. But I would try talking to the Retirement section first. I am at a bit of a loss to understand why they are having such a hard time processing orders, this is not a new process in the Army, either for active or reserve component Soldiers.
 
Jason,

Yes, after they fix the PEBD date, I will get 75% of basic pay at my grade, but what I am told is, not 75% of what I am currently receiving, but only 75 % of the basic pay at my grade at 15 years, instead of what I am currently receiving, 28 years.

Someone else on the PEB forum is stating that you are supposed to get 75% of your current basic pay, period, is that correct?

Frank
 
Title 10 USC Section 1406, states that for disability retirees who became members before Sept. 8, 1980, retired base pay is the basic pay that you were entitled to receive on the day before you were retired. The length of service is not a factor for determining this.
 
Retirement Pay for Reservist

VAJumper said:
F,

I'm a reservist with similar circumstances. Divide 5587 points by 360 and you get the 15+ years. The 23 years 8 months "good retirement years" has nothing to do with calculation of retirement pay. For a retirement check you'd need to have 7200 points which includes each active duty day, inactive duty points, and membership points. 7200/360=20 years. This is only for receipt of medical retirement (disability) pay.

On a side note, for normal active duty retirement they only count "active duty" points for guard/reserve personnel. You could have 7200 total retirement points and not qualify for retirement since they deduct all inactive duty points and membership points earned.

Since I have over 7300 retirement points of combined active, inactive, and membership points, I expect to receive medical retirement if I get a 30% or greater disabililty rating. My diagnosis is "drop foot" which is listed at 30%, so I do expect at least that. However, if I wanted to retire now I would have to wait until I'm 60 since I only have 6000 active duty points (6000/360=16.66 years).

With less than 7200 points as a reservist, you'd have two options--accept a severance pay and forfeit retirement at age 60 or decline the severance and wait until age 60 (or until they reduce the retirement age to 55 which has been proposed in Congress). The system in not equal and very unfair in its treatment of reservists vs active duty. Many reservists have put in 40+ years, and when they get injured in the line of duty--the above options are all they get. Until more voices get raised in the right direction, it won't change.
Click to expand...
VAJumper,

Just to clarify (I was not sure from your post if you were tracking this or saying something different), if you have a LOD injury that prevents reasonable performance of duty of someone in your grade and MOS rated at 30% or higher, you will be retired immediately. Once you are past 30%, points do not matter, except to calculate eligibility for CRDP at age 60 or the maximum amount of CRSC. I have seen National Guard Privates with only a few months service permanently retired. In this respect, the system is fair. The hard part is often getting referred to MEB/PEB in the first place.
 
VAJumper said:
From what you've said, doesn't sound like you'll qualify for any pension or retirement--only a severance pay. I don't have the calculations for determining that, but the number of points you have will play a big factor. You have the equivalent of less than 2.5 years of active duty. I saw the calculation in another thread--find it. Its something like 2.5 x number of years service x base pay. If base pay were $5,000, that would be around $31,000 - Uncle Sam's 30% tax or around $21,000. Someone please correct me if I'm wrong.

The years toward retirement is irrelavent since that refers to getting toward the 20 year point at which you will qualify for retirement pay at age 60.
Click to expand...

VAJumper,

If he is given a 30% rating for a stable condition, he will be retired. The 30% will be applied to his retired base pay.

The confusion is for those with more than 20 years of service (active federal). For those members, if they have ANY unfitting condition, they are rated at 2.5% times years of service OR the actual disability award, whichever is greater times retired base pay.

Hope that makes sense. Please let me know any questions. And Welcome!
 
I Question this statement -

On a side note, for normal active duty retirement they only count "active duty" points for guard/reserve personnel. You could have 7200 total retirement points and not qualify for retirement since they deduct all inactive duty points and membership points earned.


Please provide a reference for that statement.

Retirement points are ALL the same, what ever your statement lists
for PAY purposes is the reference for computing your years of service.
Disability or regular retirement, PERIOD!

Disability Retirement for ALL Reserve components is similar to Active duty
with a few side notes. (As I understand it, please point out errors if someone else has a differing reference).

IF you have less than 8 years of actual active duty years, they can and will just give you severance pay and discharge you with no retirement
disability or otherwise.


IF you have more than 8 years you may be either retired temporarily
(TDRL) or Permanently (PDRL).

IF your disability perecentage rating is at least 30%.

The percentage of retired disability pay you will recieve is the larger of two things -

1. Either the percentage of pay for your rated disability -
ie; 40 perecent disability.

2. Or your number of years of service, by computing your retirement points divided by 360 times 2.5.

If you are rated at less than 30% disability, AND you have 20 qualifying
years for retirement (20 year letter) you will be offered severance pay
computed as Base pay x years of service x 2 (Maximum years for computation is 12 years, regardless of how many years you actually have).

OR you can wave that separation pay, and ask to be placed on the retired list, and will draw your retired pay on schedule at age 60.

Which basically means you retire with disability and nothing from the Guard / reserves. Quite simply you will be a "Grey Area" retiree with
a pink ID card, and no pay.

You can and should have already been to the VA and applied for disability
thru them, which any award of you will continue to be able to draw once
you reach retirement age for your reserve compnent pay. Since CRDP phases into 100 percent soon (2014) and is at about 88 percent now.

There are other rules also affect some peoples disability / regular retirement.

1. For AGR's / FTS (active Reserve Component soldiers, etc) once you have obtained 18 years of service, they MUST let you remain until 20 years, disability or regular retirement, period no if 's and's or but's..
or retire you with a credit of twenty years of service regardless.

2. Less than 18 years - then you are in the same boat as anyone else.







or retire you early with 20 years awarded.
 
Helomech,

Welcome! Just to clarify some points.
Helomech said:
IF you have less than 8 years of actual active duty years, they can and will just give you severance pay and discharge you with no retirement
disability or otherwise.
Click to expand...
If you are a private stepping on the bus on the way to basic training and fall and hit your head, if you are rated at 30% or more, you will be retired. Eight years is only important for purposes of making Existed Prior to Service irrelevant.

IF you have more than 8 years you may be either retired temporarily
(TDRL) or Permanently (PDRL).IF your disability perecentage rating is at least 30%.
Click to expand...

Again, time does not matter for eligibility, it is only the fact that you are entitled to basic pay.


The percentage of retired disability pay you will recieve is the larger of two things -

1. Either the percentage of pay for your rated disability -
ie; 40 perecent disability.

2. Or your number of years of service, by computing your retirement points divided by 360 times 2.5.
Click to expand...
Number 2 only applies if you have 20 years or more of Active Federal Service.

If you are rated at less than 30% disability, AND you have 20 qualifying
years for retirement (20 year letter) you will be offered severance pay
computed as Base pay x years of service x 2 (Maximum years for computation is 12 years, regardless of how many years you actually have).
Click to expand...
This last year, the law was changed making the max years 19.

OR you can wave that separation pay, and ask to be placed on the retired list, and will draw your retired pay on schedule at age 60.
Click to expand...

Correct.


1. For AGR's / FTS (active Reserve Component soldiers, etc) once you have obtained 18 years of service, they MUST let you remain until 20 years, disability or regular retirement, period no if 's and's or but's..
or retire you with a credit of twenty years of service regardless.
Click to expand...
"Sanctuary" does not apply to separation actions for disability. I have seen many cases with members of all components separated at 19 years.
 
I am not sure that I understand the full picture, though. What caught my eye was the reference to the last Reservist that they had to correct their orders. If there was a correction that had to be made on that Soldiers orders for the same issue, seems to me that would point you in the right direction.
As far as getting your orders corrected, I think you would go to the transition point that issued the orders (i.e., I think that finance won't make the change, they just act on what is in the orders, I think it is retirement section that needs to get this fixed). But if asking them doesn't work, raise it with your chain of command, or complaint to the IG are among things you could try.

=======================================================

Army Veterans
Wounded Soldiers
 
ok i have been told that if you are injuried while on active duty and have the lod then when you are medically retired then it is based on your pay at the time of the injury.

I have also been told by my guard unit that if you are a guard member then you are only entitled to the percentage of your drill pay, which is it?
 
There are only two types of retirement:

1. Regular (active duty + 20 years) which includes "medical" retirements with a rating of 30% or better.

Pay is based on a percentage of base pay you were entitled to when you actually retire (in some cases last 3 years).

For every year of AD (365/366 days) you multiply it by (2.5) to get a percentage. Example-20 years active duty (20)X(2.5)=50% of Base pay.

With a medical retirement pay is based on either total time in service or percentage of disability, whichever is more beneficial to the service member.

2. Non-Regular (reserve), based on points with pay at age 60.

360 points = 1 year (Not 365 as in an AD retirement). 30 points = 1 month.

Example: Reserve member 20 years in with both AD and reserve time has 3600 RETIREMENT points.
(3600/360)=10 years of AD/IAD in points.

(10)x(2.5)=25% of Base pay at age 60.

That same SM and is now medically retired with a disability of 30% or better.

Since the disability is rated at 30% the SM will receive the 30% of base pay instead of the 25% they would received with a Non-regular retirement at age 60.

In addition, the retirement pay will begin immediately for the SM.
 
I have a support need. When I came home in 2008 I began having seizures, I shortly there after had a seizure at the VA hospital and then later one at Drill whereas they just drove me home. After that I requested to be sent to any DOD medical Facility to receive help and was denied. I have a LOD and a CAB from Baghdad, I was exposed to multiple explosions. When I requested to go into a WTU at the near by Air Base I was told , "no, WTU is only for soldier who will get better", so I have been returned to drill status with a ban on attending drill, AT, or ADSW. This has made it so I am forced to live off $127 a month from VA. I have 19 years service as an 11-B, I have a service dog and Im in appeals hell with the VA. I need help... I have been to my congressman and senator with no help...I requested an active duty MEB/PEB in Aug. 2011 and it was recently kicked back because the MARNG medcom did not sumbit an LES with my packet...
 
You must log in or register to reply here.
Top