Hello,
Did you retire under
10 U.S.C. §12731b ?
The FY2008 NDAA included almost all reserve disability retirees in the eligible CRSC population
except those retired under 10 U.S.C. §12731b, which allows reservists with a physical disability not incurred in the line of duty to retire with between 15 and 19 creditable years of service.
DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 63 * June 2024
4.0 PRELIMINARY CRITERIA A retired member of the Uniformed Services must satisfy the following applicable conditions to meet the preliminary criteria to receive CRSC.
4.1 Years of Service Requirement
2.2 Expanded Eligibility in 2008 As of January 1, 2008, section 641 of the FY 2008 National Defense Authorization Act and 10 U.S.C. § 1413a provide special rules for CRSC-eligible retirees with fewer than 20 years of service, to include members who have waived their retired pay in order to receive DVA disability compensation. This expanded authority includes both 10 U.S.C., Chapter 61 (10 U.S.C. §§ 1201-1222) disability retirees and Temporary Early Retirement Authority (TERA) retirees.
However, a Reserve Component retiree who receives retired pay for early retirement with physical disabilities under 10 U.S.C. § 12731b is specifically excluded from entitlement to CRSC.
10 U.S. Code § 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.
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4.1.4. On or After January 1, 2008
A retired member who meets the criteria of paragraphs 4.2 through 4.4 satisfies the preliminary criteria to receive CRSC, without regard to having 20 or more years of creditable service for computing retired pay.
4.1.4.1. A member retired for disability under 10 U.S.C., Chapter 61, with less than 20 years of service is eligible to receive CRSC, subject to reduction under subparagraph 8.5.2. 4.1.4.2. A member retired under the provisions of section 4403 of Public Law 102-484, October 23, 1992, as amended, and by section 504 of Public Law 112-81, December 31, 2011, (commonly known as the TERA program) is entitled to CRSC. The monthly amount of CRSC payable to qualifying TERA retirees will not be reduced under the special rules for CRSC-entitled disability retirees with less than 20 years of service that are applicable only to Chapter 61 retirees
4.3 Entitled to Retired Pay 4.3.1. A member must be entitled to retired pay, notwithstanding that such retired pay may be reduced due to receipt of DVA disability compensation. A reservist who has not reached the requisite age to receive retired pay (generally age 60) is not eligible to receive CRSC payments. See Chapter 1, subparagraph 3.8.6, for when the eligibility age of a reservist will be reduced below 60 years of age and become eligible for retired pay. THIS DOES NOT DISCUSS CHAPTER 61 RETIREMENT
5.0 FINAL CRITERIA In order for the member to be entitled to CRSC, the member must meet all four preliminary CRSC criteria (as prescribed in paragraphs 4.1 through 4.4), and the appropriate Service must determine that the member has a combat-related disability or disabilities, as defined by paragraphs 5.1 and 5.2, that are compensated by the DVA
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Ron
