Mixed Reserve and AD Time

HottyToddyUSCG

Registered Member
Hello All,

I’m a prior USAF with tours in OEF and OIF.

Transferred to the USCG AD in 2006 from the Air National Guard.

Dr just referred me for a medical board. I’m currently a O3E with 15 years of AD and 21 years of total time. I have been told things will take a year to process with the CG and I’ll be placed on the TRDL.

1) As I’m over 20 years in the reserves and will have 16 years AD will I get a percent of my basepay and then VA as well? I’ll be way over 50 percent concurrent receipt. Will I have to wait to 60 until I would get other a percent of my base pay and VA?

2) I’m guessing the VA part will be tax free?

3) I need a little advice on what all of you think would be the best thing to do...

Thoughts?

Thank you in advance!
 

Elwayb13

PEB Forum Veteran
Registered Member
I'm in a similar situation. If you do not have 20AD you will have to wait until 60 to draw both. That being said if your rated disabilities are combat related you may qualify to receive both. Good luck, I wish you the best.
 

Armypilot

Registered Member
If you go thru the IDES system (MEB/PEB), and you are found Unfit for service, and rated at 30 percent DoD (or higher), you will be Medically Retired from the military, and start receiving Retirement right away, whether you are AD or Reserves/NG. That is the Law! At the same time, if you are a Reservist under age 60 but have a 20 Yr Letter, you will only receive a combination of DoD and VA, not to exceed the DoD Retirement (example, DoD is 3500 and VA rating is worth 3000. You don’t get 6500, but rather 3500, but the 3000 from VA is Tax Free, and the additional 500 from DoD is taxable). Once you turn 60, if you have a 20 Yr Letter, then you will be eligible to receive Both the DoD and the VA full money (“Concurrent Receipt “) so long as your DoD rating was 50 percent or higher.
Hopefully this explains some of this. A lot of folks incorrectly think you will have to wait to 60 to draw DoD retirement. Be safe!
 

RonG

Staff Member
PEB Forum Veteran
Registered Member
If you go thru the IDES system (MEB/PEB), and you are found Unfit for service, and rated at 30 percent DoD (or higher), you will be Medically Retired from the military, and start receiving Retirement right away, whether you are AD or Reserves/NG. That is the Law! At the same time, if you are a Reservist under age 60 but have a 20 Yr Letter, you will only receive a combination of DoD and VA, not to exceed the DoD Retirement (example, DoD is 3500 and VA rating is worth 3000. You don’t get 6500, but rather 3500, but the 3000 from VA is Tax Free, and the additional 500 from DoD is taxable). Once you turn 60, if you have a 20 Yr Letter, then you will be eligible to receive Both the DoD and the VA full money (“Concurrent Receipt “) so long as your DoD rating was 50 percent or higher.
Hopefully this explains some of this. A lot of folks incorrectly think you will have to wait to 60 to draw DoD retirement. Be safe!
This is a perfect example of a retiree being able to receive residual retired pay (i.e., amount of retired pay in excess of the VA offset), plus their VA compensation. With regard to the question about "combat related" I infer the question pertains to CRSC. The amount of CRSC (if applicable) would be reduced by the amount of residual retired pay ($500 in the example).

CRSC for Chapter 61 Retirees

Combat Related Special Compensation for Chapter 61 (disability) retirees is the lesser of
--a. the dollar amount of the longevity portion of the DoD disability retired pay
or
--b. the dollar amount of VA compensation for combat related disabilities (i.e., service approved percentage mirrors the rates found in the VA compensation tables.)
Note: Active duty time is used to determine the longevity portion. Reservists can use their total career retired points and divide by 360 to determine the active duty equivalent factor.

Ron
 

gsfowler

Staff Member
PEB Forum Veteran
Hello All,

I’m a prior USAF with tours in OEF and OIF.

Transferred to the USCG AD in 2006 from the Air National Guard.

Dr just referred me for a medical board. I’m currently a O3E with 15 years of AD and 21 years of total time. I have been told things will take a year to process with the CG and I’ll be placed on the TRDL.

1) As I’m over 20 years in the reserves and will have 16 years AD will I get a percent of my basepay and then VA as well? I’ll be way over 50 percent concurrent receipt. Will I have to wait to 60 until I would get other a percent of my base pay and VA?

2) I’m guessing the VA part will be tax free?

3) I need a little advice on what all of you think would be the best thing to do...

Thoughts?

Thank you in advance!
From what you have written, it does not appear that you have 20 years with the reserves.

Have you received a 20Y letter. You state that you were reserves, prior to commissioning in the Coast Guard.

Here are the CRSC resources for the Coast Guard. https://www.dcms.uscg.mil/Portals/10/CG-1/PSC/PSD/docs/CRSC_Trifold.pdf?ver=2017-07-11-095512-663
 

RonG

Staff Member
PEB Forum Veteran
Registered Member
HottyToddyCG,

1. IF you have 20 good years via total points and have a 20 year letter from the reserves, you would be eligible for a reserve retirement and receive retired pay at age 60 (reduced for certain periods of service). This is important for CRDP purposes, if otherwise qualified.

2. If item one is affirmative and you receive a disability retirement (Chapter 61) before then, you would be paid disability retired pay from the time of that retirement and could apply for your CRDP upon reaching the age requirement for the reserve retirement.

3. You will waive/lose retired pay dollar for dollar in the amount of VA compensation received. VA compensation is non-taxable.

4. GSFowler provided you with the URL for the CG CRSC web page. Approved CRSC replaces some or all of waived retired pay. Note: CRDP and CRSC cannot be received simultaneous.

5. In order to retire from the reserves, one must be a member. Recommend you visit with your Personnel Center.
 
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ginovega

Registered Member
All, I am very confused still
I have been found unfit for nine conditions, received Army rating of 50% and a VA rating of a 100%. I am AGR in the Reserves. I have 23 qualified years of service, a 20 years letter and 19 years of AFS. The PEB recommended a Permanent Disability retirement. However, my Peblo is not very familiar w the Reserves so I need to get he right regulation, US Code or any other document that will , one for all, clears all this mess for me.
I have been told I need a COAD to complete my 20 years AFS. I have also been told that if I have 7200 or more points I can get the CRDP right away...However i have been told it must be Active Duty points not Total Points Creditable...( so currently I have 6850 Active Duty points but I have 7269 Total Point Creditable)

Again Where I can find a good source..law, regulation that will clear this for me

BY the Way I have submitted an appeal to the PEB...
 

RonG

Staff Member
PEB Forum Veteran
Registered Member
Hello ginovega,

A more comprehensive answer might be offered by
--Gsfowler
--ChaplainCharlie
--Warrior644

That said, a few months ago I researched the subject and found the following:

Chapter 8 Army Reserve Soldiers Reaching Active Duty Retirement
8-1 Reserve Soldiers Reaching 20 Years AFS
Some RC Soldiers mobilized or on ADOS/COADOS orders, may attain 20 years of AFS while mobilized and “not sanctuary”. These Soldiers should contact the Transition Center and RSO office for assistance when seeking a 20-year active duty non-disability retirement. See enclosure D, Memorandum dated 8 February 2010, for guidance on AFS Retirement (Not Sanctuary).
In these situations, advise the Soldier to contact HRC-Ft. Knox to acquire the necessary documents (statement of Service, DD Form 1506, etc), verifying the Soldier has completed 20 years of AFS. A representative from HRC will certify the documents and the Soldier’s request for retirement. The installation RSO should contact HRC, Ms. Sheila Dorsey at 502-613-8950 for additional guidance.
HRC staff will provide: Written authorization to retire the Soldier from active duty. Statement of service that reflects all service time, specifically AFS.

For RC Officers who want to retire with 20 or more years AFS, but are no longer on Active Duty orders, contact: LTC Angel Liberg at: [email protected], Phone: 502-613-6702.

For Enlisted RC Soldiers no longer on Active Duty orders, contact: Mr. Scott Kuhar at [email protected], Phone: 502-613-5461. Note: This was from a 2011 guide and those folks are probably gone, but phone numbers might be valid.

Reference: https://soldierforlife.army.mil/sites/default/files/content/docs/2014/ARReserveRetirementGuide.pdf

You might call the two telephone numbers listed; I suspect the points of contact have moved on.

Other:
1. 7200 points is not required for reserve retirement upon reaching the age requirement. Twenty "good years" is the requirement.

2. Opinion: Generally, a reservist who attains 20 good years and 7200 points cannot automatically retire and receive an immediate reserve retired pay. It is my understanding that
RC Soldiers mobilized or on ADOS/COADOS orders can retire under those circumstances and receive retired pay as an AD retirement. The three subject matter experts listed above can better explain the rules and laws for this matter.

3. 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
4. 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.

Ron
 
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Orange Sky

PEB Forum Veteran
Registered Member
All, I am very confused still
I have been found unfit for nine conditions, received Army rating of 50% and a VA rating of a 100%. I am AGR in the Reserves. I have 23 qualified years of service, a 20 years letter and 19 years of AFS. The PEB recommended a Permanent Disability retirement. However, my Peblo is not very familiar w the Reserves so I need to get he right regulation, US Code or any other document that will , one for all, clears all this mess for me.
I have been told I need a COAD to complete my 20 years AFS. I have also been told that if I have 7200 or more points I can get the CRDP right away...However i have been told it must be Active Duty points not Total Points Creditable...( so currently I have 6850 Active Duty points but I have 7269 Total Point Creditable)

Again Where I can find a good source..law, regulation that will clear this for me

BY the Way I have submitted an appeal to the PEB...
In order to draw AD retirement immediately as an AGR, your Active Duty points must be over 7200. The other columns of points all count towards creditable service but what you want is the AD column to reflect 7200. Anything less, you have to wait until 60, minus T10 deployed time, which could reduce the age. You would draw your VA disability pay right away, however. It’s important to try to get that AD retirement if you can so you could draw both at the same time much sooner than 60.
 

RonG

Staff Member
PEB Forum Veteran
Registered Member
Hello Orange Sky,

Could you provide the references for "In order to draw AD retirement immediately as an AGR, your Active Duty points must be over 7200."

It is my understanding that RC Soldiers mobilized or on ADOS/COADOS orders can retire under those circumstances and immediately receive retired pay as an AD retirement. However, attainment of 7200 points plus 20 good years without being mobilized or on ADOS/COADOS orders does not result in immediate receipt of retired pay per anecdotal evidence.

Your references would help many in the future experiencing the same situation.

Thanks,
Ron
 

Orange Sky

PEB Forum Veteran
Registered Member
Hi Ron. My reference was from AF Legal Office of Airmen’s Council (OAC) and AFPC while going through the MEB. I wanted representation from the OAC because I wanted to make sure I get my 20 AD yrs as an AGR since I was so close. I had over 20 total time years and well over 7200 total points but was short in the AD column for points. I asked because I had heard through the rumor mill that it was based off total points for medical retirement but in order to draw immediately the Total AD points had to be 7200. When I spoke with AFPC about my orders and points, they had to contact ARPC to validate my total AD points and ARPC had to send them my point summary out to my projected retirement date. I was sent something in writing as to the 7200 AD point retirement from OAC. I’ll see if I backed it up from my work emails. On my retirement paperwork somewhere there is a calculation of my AD points as well as my total points. So I reached 20 AGR years but have over 20-plus years total with all those total points. It’s confusing for sure but in the end it all works out.
 
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RonG

Staff Member
PEB Forum Veteran
Registered Member
Hi Ron. My reference was from AF Legal Office of Airman Council (OACand AFPC while going through the MEB. I wanted representation from I was sent something in writing as to
Thank you for your reply.

I have spent a significant number of hours searching for the references we discussed...with no success. I wish someone who retired under those circumstances was available.

Take care,
Ron
 

ginovega

Registered Member
Orange sky: I would also like to get the specific reference...law, DOD Regulation or Army Regulation that clarifies everything about this situation...
 

ginovega

Registered Member
Another question: I read in Army Reg 135–180 that reduce retirement age applies only for Mobilizations after 28 Jan 2008...I been AGR since 2004 but I was mob in 2003 for a year...
So my mob in 2003 does not count? Has a change been done to count any service prior to 2008?

b. Reduced retirement age.


(1) The eligibility age for receipt of retired pay should be reduced below 60 years of age by 3 months for each

aggregate of 90 days of qualifying active duty or active service performed after 28 January 2008 in any fiscal year. A
day of duty may be included in only one aggregate of 90 days.
 
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