Help with DFAS and my retirement pay

candiman305

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Hello All, I have been retired since 10/31/2017 and still have not received retirement pay. DFAS is telling me that due to the 1204 code, I am not entitled to CRDP. Please help! I have my 20 year letter with 23 good years for retirement, 14+ years active duty, and 35 years under contract without a break in service. I was awarded 30% on the Army side and 100% P&T on the VA side. How can I get DFAS to pay me? This is what is on my orders.


You are released from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permit your retirement for permanent physical disability.

Date placed on retired list: 31 October 2017 Retired grade of rank: E-7

Authorized place of retirement: Not Applicable Percentage of disability: 30%

DOB: 28 August 1962 Sex: M

Retirement type and allotment code: 12 Component: USAR

Authority: AR 635-40

Statute authorizing retirement: 1204 Other eligible laws: Not Applicable

Disability retirement: 14 Year(s), 10 Month(s), 19 Day(s)

Basic Pay: 35 Year(s), 06 Month(s), 05 Day(s)

Completed over 4 years of active service as Enl or WO: N/A

Disability is based on injury or disease received in LOD as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law: NO

Member of an armed force on 24 Sep 75: NO

Disability resulted from a combat related injury as defined in 26 USC 104: NO Format: 687

BY ORDER OF THE SECRETARY OF THE ARMY:
 

RonG

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As a CH 61 retiree, you must waive retired pay dollar for dollar in the amount of VA compensation received. That is the reason you are not receiving your 30% retired pay, which was a good choice since your VA comp is much higher.

You are not eligible for CRDP (which restores waived retired pay) at this time even though you appear to meet most of the requirements.

You are not yet 60 (ref: "DOB: 28 August 1962"). Based on that info, you are around 56.

A member is generally not eligible for Reserve (non-regular) retired pay until they reach age 60. 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.

You will be eligible for CRDP (based on info available) once you complete the age requirement. You will have to apply for a reserve retirement; that part is not automatic. Upon approval, the human resources command will forward your packet to DFAS for CRDP processing and other actions. CRDP will not restore any waived retired pay that is excess of the computation for reserve retirement (i.e., total points/360 x 2.5% x High Three or final pay, whichever you qualify for).

This part of the CRDP law is often overlooked or misinterpreted. Bottom line, you have to be eligible to receive reserve retired pay now in order to receive CRDP. You are not eligible due to the age requirement.

You might be eligible for CRSC now. Please see the references below:
CRSC Information

DFAS: https://www.dfas.mil/retiredmilitary/disability/crsc.html

Army: https://www.hrc.army.mil/content/CRSC

Good luck,
Ron
 
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RaiderX

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The BLUF, you cant draw till your 60 with the possibility of getting time knocked off for being on orders.

The kicker here is your points, if you had 7200 points you could also start to draw now. However, 14 Year(s), 10 Month(s), 19 Day(s) this tells me you were not close to that.
 
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RonG

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Having 7200 points, which is not a requirement for reserve retirement, would not qualify a reservist to retire before meeting the age requirement.

General information regarding reserve retirements. Medical Disability Retirement is a separate issue.

1. 7200 points is not required for a reserve retirement; in fact, most reserve retirees attain much less than 7200 points when qualifying for retirement.
2. Basically, a reservist must have 20 good years. A good year is one where at least 50 points were attained.
"Years of Service for Retirement Entitlement. This category of years of service includes each one year period in which the person has been credited with at least 50 points, as follows:
  • 1 point for each day of active service
  • 1 point for each attendance at a drill period
  • 1 point for each day of performing funeral honors duty
  • 15 points for each year of membership in a reserve component
Generally, a member retiring with a Reserve (non-regular) retirement must have 20 years of service for entitlement and they will receive a letter from their Service advising when this criteria has been met."
3. The Years of Service for Retired Pay Percentage Multiple. YOS for retirement percentage multiple determines the years of service for computing the retired pay multiplier. This category of years of service includes all periods of active service (counted as one point for each day) plus all points earned through qualifying reserve duty, not exceeding annual limits, divided by 360. Basically, this converts points to years and months active duty equivalent.
4. Another factor is the Years of Service for Pay Base. When combined with pay grade, YOS for pay base, determines the active duty pay entitlement by defining the appropriate pay table cell, e.g. E-4 over 6 years of service. This category of years of service includes all periods of active service and all periods of Reserve or National Guard service counted day for day.
5. "A member is generally not eligible for Reserve (non-regular) retired pay until they reach age 60. 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."

Ron
 

candiman305

New Member
Registered Member
RonG- thank you for your quick response. I was involuntarily recalled in 2008 for a period of 400 days which is when I received my injury for unfit for duty. I agree with your explanation of a regular reserve retirement. However, I believe that my orders are incorrect and I should have statute 1201(c) instead of 1204 since I have over 15 years active duty with a 20 year letter and my injuries occurred on active duty in a combat zone. My DA199 identifies "a. incurred or aggravated in the line of duty in a duty status authorized by 10 USC 1201(c) or 10 USC 1204." As far as my points- I had 5373.

RaiderX- thank you for your quick response, too! yes, you are correct! I am 5 years short of 20 active duty years.
 

Sullysull48

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Candiman305,
I retired on March 1st of this year. 50% DOD and 30% VA. It has been 60 days as of today and DFAS has yet to set up my retirement account. Every time that I call it is one excuse after another.
Twice they have told me that there are escalating my issues with higher up. If the escalating gets any higher. I will be at the pearly white gates before my pay matter is resolved. Lol!
 

RonG

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Re: "However, I believe that my orders are incorrect and I should have statute 1201(c) instead of 1204 since I have over 15 years active duty with a 20 year letter and my injuries occurred on active duty in a combat zone."--Candiman305

Are speaking of the following?
[quoting maparker of PEB]

NG/Reserve members can be retired with 15 years due to medical disabilities. However, this retirement begins paying at age 60 vice immediately for disability retirement. See 10 USC 12731b below:

12731b. Special rule for members with physical disabilities not incurred in line of duty

(a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title.

(b) Notification under subsection (a) may not be made if—
(1) the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or
(2) the disability was incurred during a period of unauthorized absence.
[end of quotation]

If so, it would seem the same rules and laws for CRDP would apply, to include the age requirement.

Regards,
Ron

Edited: Disregard...I just noticed you have 20 good years for retirement.
 
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RonG

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Candiman305,
I retired on March 1st of this year. 50% DOD and 30% VA. It has been 60 days as of today and DFAS has yet to set up my retirement account. Every time that I call it is one excuse after another.
Twice they have told me that there are escalating my issues with higher up. If the escalating gets any higher. I will be at the pearly white gates before my pay matter is resolved. Lol!
Recommend you contact the Director, Retired Pay, at DFAS via FAX. His name is Jeff Presley (unless he transferred or retired in the past year).

Ron
 

RonG

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It is a pleasure to work with you Sully.

Ron
 
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