my med board started on May 5 2021, I completed my VA exams on August 20 and my DBQs were posted on TOL on August 31, my command now initiated separation for an article 15 that I received in March 2021 for traveling OCONUS to see my daughter without OCUNUS leave,(their reason is that I have been doing basic minimum at work) do I fight this through IG or I just wait for the chapter to go together with my MEB to the Commanding General to make a determination, also my question is does the chapter delay the MEDBOARD process?
MEDBOARD vs Chapter
- Thread starter korootmoi
- Start date
How did they find out you went OCONUS without OCONUS leave?
Where do you see this?
Hello, I finally completed my chapter board, the admin sep board recommended discharge with honorable but suspended for 180 days, the packet went to the CG and the DCG elected separation instead of medboard without suspension, my question is will I still get severance pay? because my DOD rating was 20% VA 80%
Hello @korootmoi
One of the PEB/MEB experts can tell you if you meet the requirements for a CH 61 separation. Your "instead of medboard..." is not clear to me, plus I do not have the background in that area.
Generally,
The Secretary of the Army may separate, versus retire, a Soldier who is found physically unfit to perform their duties due to a disability. Separation may occur with entitlement to disability severance pay or without entitlement to disability benefits. Separation with disability severance pay occurs when the Soldier's unfitting disabilities are determined by the Army to be service connected, the Soldier has less than 20 years of service as computed under 10 USC 1208, and the Soldier's combined disability rating assigned to the unfitting disabilities is less than 30 percent. Separation without entitlement to disability benefits occurs when the unfitting disabilities are determined to be non-service connected without permanent aggravation or incurred due to misconduct. Soldiers of the Ready Reserve with 20 qualifying years and Soldiers of the Selected Reserve with 15 qualifying years with a disability disposition of separation with or without severance pay have an additional election in lieu of being separated. This additional election is discussed further in this paper.
Eligibility
To be entitled to disability severance pay, the Soldier's unfitting disability must meet the criteria below.
Ron
cc: @Provis @chaplaincharlie
One of the PEB/MEB experts can tell you if you meet the requirements for a CH 61 separation. Your "instead of medboard..." is not clear to me, plus I do not have the background in that area.
Generally,
The Secretary of the Army may separate, versus retire, a Soldier who is found physically unfit to perform their duties due to a disability. Separation may occur with entitlement to disability severance pay or without entitlement to disability benefits. Separation with disability severance pay occurs when the Soldier's unfitting disabilities are determined by the Army to be service connected, the Soldier has less than 20 years of service as computed under 10 USC 1208, and the Soldier's combined disability rating assigned to the unfitting disabilities is less than 30 percent. Separation without entitlement to disability benefits occurs when the unfitting disabilities are determined to be non-service connected without permanent aggravation or incurred due to misconduct. Soldiers of the Ready Reserve with 20 qualifying years and Soldiers of the Selected Reserve with 15 qualifying years with a disability disposition of separation with or without severance pay have an additional election in lieu of being separated. This additional election is discussed further in this paper.
Eligibility
To be entitled to disability severance pay, the Soldier's unfitting disability must meet the criteria below.
- The disability is permanent or may be permanent. Unlike the criteria for permanent disability retirement or placement on the Temporary Disability Retirement List (TDRL), whether the disability is stable is not a consideration.
- For Soldiers serving on active duty under an order to active duty of more than 30 days, the disability must be incurred while the Soldier was entitled to basic pay, or incurred while the Soldier was in an excess leave status due to an emergency reason, or incurred due to an authorized absence to participate in an educational program.
- The disability is not the result of the member's intentional misconduct or willful neglect and was not incurred during a period of unauthorized absence.
Ron
cc: @Provis @chaplaincharlie
If they go with chapter separation instead of medical separation you would not get severance. However, its not much of a loss since severance is recouped by VA% compensation essentially making it an interest free loan. So no big check when you get out but 80% VA compensation = almost $1,800 per month in tax free compensation.
Thank you, another question, I got almost 70 days of terminal leave and I overheard my commander telling my supervisor he won’t approve my terminal leave, can he deny me leave and force me to sell it?
So permissive TDY leave is up to commander and so that wont' be approved. He doesn't have to allow terminal leave with one exception. He can't force you to lose leave. You are only allowed to sell 60 days of leave during your entire career. So if you have never sold any leave before he can force you to sell those 60 days. The other 10 days he would have to allow for terminal leave.
I just want to take 60 days as terminal leave, I am not requesting PTDY leave, what’s the exception?
He is the commander and he has sole discretion on that matter. The reason can be anything including that you don't deserve it. So he can deny terminal leave. However, if he puts you in a situation where you will lose leave you can talk to legal about it. I am pretty sure he has to allow you to use leave for terminal leave that exceeds the 60 days that can be sold.
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