O3E with 24 years of service force medical retirement

[Jake321]

Team,

I have developed a medical condition that looks to be an automatic "unfit" founding for a MEB.

My question, Considering I have 24 years of service (17 years E-7) and (7 officer). Will I be forced to retire as SFC or will I get to keep my CPT retirement pay?

Any resources would be greatly appreciated.

 

[Gizzy]

I’m curious about this too, more specifically is this correct?

Ch. 61 retirees aim for 30% DoD minimum to get tricare?

Vs

20 years and more retirees going through MEB, does the DoD rating really matter, if so, why? @PERS-95 @Provis @chaplaincharlie

 

[New Member]

Your high 3 should apply for retirement

 

[PERS-95]

Your high 3 should apply for retirement

"High 3" term is for pay purposes only.

 

[PERS-95]

Team,

I have developed a medical condition that looks to be an automatic "unfit" founding for a MEB.

My question, Considering I have 24 years of service (17 years E-7) and (7 officer). Will I be forced to retire as SFC or will I get to keep my CPT retirement pay?

Any resources would be greatly appreciated.

Only speaking for Navy, TIG for officer retirements from prior enlisted service generally gets waived because it's not your fault you didn't make the time requirement.

 

[Jake321]

High 3 is for pay purposes only.

Thanks! I thought this was the case, but just wanting to see what the masses had to say.

 

[PERS-95]

I’m curious about this too, more specifically is this correct?

Ch. 61 retirees aim for 30% DoD minimum to get tricare?

Vs

20 years and more retirees going through MEB, does the DoD rating really matter, if so, why? @PERS-95 @Provis @chaplaincharlie

In my inexpert experience, it can. For example, if your years of service give you >75% (i.e., 30+ years), but your PDRL is capped at 75% by law. You'll get PDRL but at your higher percentage.

Not sure I answered what you were asking.

Bottom line. "It depends."

I hate that f&$*@ng answer, lol

 

[Jake321]

Only speaking for Navy, TIG for officer retirements from prior enlisted service generally gets waived because it's not your fault you didn't make the time requirement.

I have heard both sides of the coin for the Army. It's clearly situational based, but if this was something that was "non-fraudulent" then there are no reasons why it shouldn't be waived. I getting with JAG to confirm.

 

[randomairman27]

Air Force here, 12 years enlisted, 2 years officer. Medically retired as O-1E, high-3 remained unchanged and all paperwork/orders/retired ID etc. reflects as LT/O-1E, was never an issue. Don’t know why it would be any different for the Army.

 

[chaplaincharlie]

High 3 applies and you keep your rank when medically retired. Service commitments are waived.

 

[CaliCapt]

In my inexpert experience, it can. For example, if your years of service give you >75% (i.e., 30+ years), but your PDRL is capped at 75% by law. You'll get PDRL but at your higher percentage.

Not sure I answered what you were asking.

Bottom line. "It depends."

I hate that f&$*@ng answer, lol

Hi, I was MEB'd at 20 yrs 6 months-active duty (70 DOD/100 VA) TDLR. Re-eval now 50 DOD/100 VA-assuming. I contacted legal and asked if this drop will change my retirement pay. I was told it "shouldn't". Pending official notification and process. Does anyone know if this will change my pay. I assume not because I served 20 and that would be 50%. Because I was originally awarded 70 my LES reflects 70 percent of base pay but then 20 percent is removed and titled VA waiver bringing me back to 50%. Thank you.

 

[RonG]

Hi, I was MEB'd at 20 yrs 6 months-active duty (70 DOD/100 VA) TDLR. Re-eval now 50 DOD/100 VA-assuming. I contacted legal and asked if this drop will change my retirement pay. I was told it "shouldn't". Pending official notification and process. Does anyone know if this will change my pay. I assume not because I served 20 and that would be 50%. Because I was originally awarded 70 my LES reflects 70 percent of base pay but then 20 percent is removed and titled VA waiver bringing me back to 50%. Thank you.

Hello,

Addressing only the comments above:

1. It appears you are now on the PDRL and your DoD is 50%; anticipated VA is 100%.
2. If your active duty equivalent is 20 years and 6 months, your retired pay will be 20.5 years x 2.5% = longevity multiplier.
3. Average high three base pay x longevity multiplier = longevity retired pay and in your case, eligibility for CRDP which allows payment of longevity retired pay and VA comp concurrently.
4. You could choose the lesser % for DoD disability, if you want.

Note for item 2: 2% is used instead of 2.5% if you were in the blended retirement program.

Ron

 

[CaliCapt]

Hello,

Addressing only the comments above:

1. It appears you are now on the PDRL and your DoD is 50%; anticipated VA is 100%.
2. If your active duty equivalent is 20 years and 6 months, your retired pay will be 20.5 years x 2.5% = longevity multiplier.
3. Average high three base pay x longevity multiplier = longevity retired pay and in your case, eligibility for CRDP which allows payment of longevity retired pay and VA comp concurrently.
4. You could choose the lesser % for DoD disability, if you want.

Note for item 2: 2% is used instead of 2.5% if you were in the blended retirement program.

Ron

Ron! Ty you so much, I was so stressed. Can’t wait until it is all behind me.

 

[CaliCapt]

Hello,

Addressing only the comments above:

1. It appears you are now on the PDRL and your DoD is 50%; anticipated VA is 100%.
2. If your active duty equivalent is 20 years and 6 months, your retired pay will be 20.5 years x 2.5% = longevity multiplier.
3. Average high three base pay x longevity multiplier = longevity retired pay and in your case, eligibility for CRDP which allows payment of longevity retired pay and VA comp concurrently.
4. You could choose the lesser % for DoD disability, if you want.

Note for item 2: 2% is used instead of 2.5% if you were in the blended retirement program.

Ron

Hi Ron, I will be making my final decision today, DFAS was no help, the VA said I should contact DFAS, and JAG has not responded. Do you know if I will still have a VA waiver with my drop in DOD rating. Looking at my gross pay I assume that is with the "70 percent rating" and they deduct 20 percent because I only served 20yrs. Now that my pay will be based on my 20 yrs will they still deduct the VA waiver. Thank you for all your help.

Item	Old	New
GROSS PAY	$0.00	$5,526.00
VA WAIVER	$0.00	$1,481.00
SBP COSTS	$0.00	$8.84
TAXABLE INCOME	$0.00	$4,036.16
FITW	$0.00	$299.70
ALLOTMENTS	$0.00	$505.65
NET PAY	$0.00	$3,230.81

 

[RonG]

Hello @CaliCapt

Speaking only about your last couple of posts.

Your gross retired pay of 5526 will be reduced by the amount of the VA comp of 1481. Using only gross figures, that leaves ~4045 in residual retired pay (no deductions other than waiver at this point by me).

You will receive all your VA comp.

The combination of residual retired pay (retired pay itself) and CRDP cannot exceed the longevity portion of your retirement pay.

Longevity computation =
active duty equivalent years and months x 2.5% (2% for blended retirement ) = longevity multiplier
high three average base pay x longevity multiplier = longevity portion of retired pay (the max DFAS will pay you)

Ron

edited to add: This is an incorrect assumption: “and they deduct 20 percent because I only served 20yrs” The waiver of retired pay in order to receive VA comp is based on the VA compensation amount, not a percentage that is taken from a table. One of the many laws concerning retired pay and CRDP is that residual retired pay and CRDP cannot exceed the longevity computation (amount).

The math is like Provis and I have shown based on the info you provided.

If your residual retired pay is more than the longevity, then no CRDP will be added, although DFAS might term the residual as CRDP.

 

[tony292]

Army here, retired in 2016… 7.5 years enlisted and just one month short of ten as an officer… retired as an O4…. if they try and retire you enlisted, whip out title 10 USC 1372 on their sorry asses…

1372. Grade on retirement for physical disability: members of armed forces​

Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:

(1) The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired.

(2) The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.

(3) The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.

(4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination

 

[DaveK]

Army here, retired in 2016… 7.5 years enlisted and just one month short of ten as an officer… retired as an O4…. if they try and retire you enlisted, whip out title 10 USC 1372 on their sorry asses…

1372. Grade on retirement for physical disability: members of armed forces​

Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:

(1) The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired.

(2) The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.

(3) The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.

(4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination

I'm definitely going to need this....due to an unusual medical investigation I've been an O-2E for 9+ years. Boarded and approved for cpt in 2018 but no one hit enter on the keyboard. The board itself was even delayed due to the med investigation. Followed with an IG investigation which revealed a."we don't know what happened". All OERs super positive without a single negative mark of any kind my whole career. Been on a medical hold no drill since that time.

Plan is to get CPT backdated correctly and MAJ going out the door. We will see. Not really sure how to fight this one less the Army Board.

Thank you for the info.

 

[RonG]

Nice contribution by @tony292 and not the first.

Ron