national guard discharge

kal_jkl

PEB Forum Regular Member
Registered Member
I volunteered for a deployment in 2012. At the time i was a recruiter in the army national guard. I had to resign from my full time status for the deployment. I was then found unfit for deployment and transferred into the M-Day side of the national guard(one weekend a month). My medical record was flagged, and the process begin for discharge. I was medically retired from the national guard M-Day program in April of 2015. I will now have to wait until I'm 60 before I can receive military retirement. I have a VA rating of 100%, but i have to wait until I'm 60 to receive my military retirement. When I resigned my AGR spot for deployment, I didn't go through the exit process because i was transferred to another unit. Once the unit deployed, I no longer had a slot/job in that unit. How can I get this fixed. I believe I should have been medically retired from the AGR program and my retirement should have started already. Please advise.
 

golfrnut

PEB Forum Regular Member
Registered Member
Unless you have 20 years or more of qualified time on active duty or your injury is combat related, there is nothing to fix. You are not eligble for concurrent retirement payments. If you were medically retired from service, you should still receive medical benefits but retirment payments will not start until you are 60. As of now, you receive the higher of the two which is more likely to be VA disability.
 

kal_jkl

PEB Forum Regular Member
Registered Member
Unless you have 20 years or more of qualified time on active duty or your injury is combat related, there is nothing to fix. You are not eligble for concurrent retirement payments. If you were medically retired from service, you should still receive medical benefits but retirment payments will not start until you are 60. As of now, you receive the higher of the two which is more likely to be VA disability.
I have 15 years of active duty and all injuries are combat related
 

golfrnut

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Registered Member
Then you can apply for CRSC. The application process is on the DFAS. website.
 

golfrnut

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Registered Member
Yes. If you are in fact “retired” medically from service, you are eligible to apply for CRSC if the conditions are the result of combat. Doesn’t matter if you were full time or part time, if you were on active orders when the injuries occured, you are considered elidgeable.
 

kal_jkl

PEB Forum Regular Member
Registered Member
Yes. If you are in fact “retired” medically from service, you are eligible to apply for CRSC if the conditions are the result of combat. Doesn’t matter if you were full time or part time, if you were on active orders when the injuries occured, you are considered elidgeable.
thank you, I will let you know what they say
 

kal_jkl

PEB Forum Regular Member
Registered Member
Yes. If you are in fact “retired” medically from service, you are eligible to apply for CRSC if the conditions are the result of combat. Doesn’t matter if you were full time or part time, if you were on active orders when the injuries occured, you are considered elidgeable.
I attached the discharge information
 

FloridaInjuredInCombat

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I too was a M-day National Guardsman, Medically Retired (Chapter 61). If you were MEDICALLY Retired, you should have been afforded Military Retirement pay from DAY ONE, which is offset from whatever you receive in VA Disability Benefits. Meaning if the VA pays X, and your Retirement Pay is MORE than X, you receive FROM DFAS whatever the Army Retirement pay is, minus X. So it figures out to where combined you get the FULL amount of your Military Retirement pay (part being from the VA).

Also, being Medically Retired, you are supposed to be qualified for Tricare Medical Insurance from DAY ONE, and NOT the Retired Reserves Tricare, but the EXACT SAME Tricare as if you were retired from ACTIVE DUTY. Plus base privileges and Survivors Benefit Package to continue a portion of your pay for your spouse should you die first, all from DAY ONE.

I would suggest you go back and CAREFULLY read your Retirement Orders, you should see either Chapter 61, or possibly 1204 or the like on them. If you were MEDICALLY Retired, and not just separated for non-service connected medical reasons, you should be getting Military benefits NOW, not waiting till age 60.
 

FloridaInjuredInCombat

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PEB Forum Veteran
Registered Member
Also, were you unable to work your Civilian Job, and or perform Drill due to an LOD injury. If so you should have been afforded INCAP pay while unable to work or drill. It amounts to pay to make up either what you lost in civilian wages, or if unable to drill equal to FULL Active Duty Pay including BAS and BAH (30 days worth a month). Many units don't bother to mention INCAP even exists, but it's their Responsibility to do so as part of an LOD process.

If you think INCAP should have been applied to you, look at DA PAM 135-381 and include that in any filing with the ABCMR to correct your Retirement status. Also, note the rules have been adjusted to ALLOW both VA Disability Pay AND INCAP pay without one being deducted from the other, so don't let anyone tell you that you wouldn't get a dime because you're 100% with the VA. Reference DODI 1241.01 and Army Directive 2017-17 which both state that INCAP and VA Disability Pay are not to be taken from each other. You get BOTH.

There's a three year rule on filing an ABCMR claim, but they can waive it in the interests of fairness, and that time window starts from your DISCOVERY of the error. So if you didn't know you were supposed to be paid now as a Medical Retiree, and or didn't know about the INCAP benefit till today your clock just started, but to be on the safe side of what THEY consider is the start of the clock, FILE ASAP.

Hope this helps...
 

FloridaInjuredInCombat

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
An easy way to know if you were MEDICALLY Retired is if you went through the IDES process, which includes the MEB and PEB (in conjunction with the VA disability ratings). If not, and you believe you should have been medically evaluated for an LOD injury that ended your military service, the ABCMR is also the place to get that corrected, up to and including putting you back in the military so you can go through the IDES (MEB, PEB process) and get it done right.
 

kal_jkl

PEB Forum Regular Member
Registered Member
An easy way to know if you were MEDICALLY Retired is if you went through the IDES process, which includes the MEB and PEB (in conjunction with the VA disability ratings). If not, and you believe you should have been medically evaluated for an LOD injury that ended your military service, the ABCMR is also the place to get that corrected, up to and including putting you back in the military so you can go through the IDES (MEB, PEB process) and get it done right.
Thank you any other way i can contact you.
 

PATRICKREID

PEB Forum Regular Member
Registered Member
I too was a M-day National Guardsman, Medically Retired (Chapter 61). If you were MEDICALLY Retired, you should have been afforded Military Retirement pay from DAY ONE, which is offset from whatever you receive in VA Disability Benefits. Meaning if the VA pays X, and your Retirement Pay is MORE than X, you receive FROM DFAS whatever the Army Retirement pay is, minus X. So it figures out to where combined you get the FULL amount of your Military Retirement pay (part being from the VA).

Also, being Medically Retired, you are supposed to be qualified for Tricare Medical Insurance from DAY ONE, and NOT the Retired Reserves Tricare, but the EXACT SAME Tricare as if you were retired from ACTIVE DUTY. Plus base privileges and Survivors Benefit Package to continue a portion of your pay for your spouse should you die first, all from DAY ONE.

I would suggest you go back and CAREFULLY read your Retirement Orders, you should see either Chapter 61, or possibly 1204 or the like on them. If you were MEDICALLY Retired, and not just separated for non-service connected medical reasons, you should be getting Military benefits NOW, not waiting till age 60.
I defiantly screwed that up. the never sent me my order from Big Army and i didn't know any better. went to get my ID card and enrolled in tricare which they only had my gray area orders on file. getting it unscrewed on Monday.
 

FloridaInjuredInCombat

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PEB Forum Veteran
Registered Member
I defiantly screwed that up. the never sent me my order from Big Army and i didn't know any better. went to get my ID card and enrolled in tricare which they only had my gray area orders on file. getting it unscrewed on Monday.
Did you find out anything? Good news I hope.
 
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