Severance Pay Question

Hi,

I'm a NCO with 7 years. I have Exertional Compartment Syndrome that I did opt for surgery but to no effect. I do have other wrongs with me but that is what has started my MEB/PEB process. My question is this. I know that if I get 30% or more I'm retired. Which is great and would love that over anything else. Unfortunatley my wife after being back from deployment only 42 days left me and took all my money and all our things and destroyed what little she left me. So I have nothing. I'm in the middle of divorce and I'm in a financial crisis. I know with all thats wrong with me I will probably get 30% or more. But I dont want it. I know every one here will probably say its stupid of me not to want it but its my choice and I need to take care of the problems I have now. So is there any way I can get the severance pay? I mean it would make sense to me for the Army to give me the severance pay that way they're not paying me $400,000.00 total for the rest of my life over $50,000.00 but who knows. I was told that they ask me if I want it and I was also told they dont. So can anyone give me a solid answer? Alot of my plans for my future are riding on this. I'm not completley helpless and I have a plan and would rather not ride the system if I dont have to. I just want to get out and start a new life and this seed money will fix all the crap she made and let me start a new life. So can please anyone answer this for me?
 
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i would be care full ,pushing to fast for what you think you need right now. slow down and look at things real hard. she might end up with half of what ever you get if you move to fast. but no one knows whats going on better than you.??????
 
On the DA 3947 (Medical Evaluation Board Proceedings), it asks "the patient ___ does ____ does not desire to continue on active duty under AR 635-40." Essentially, you are asked if you want a fit or unfit finding. You are not asked, at that point, whether you want severance or retirement.

A few years ago, I wrote about this issue. When I was a JAG at the PEB, I had a client who was given a retirement finding by the IPEB and he wanted severance instead (you might be able to search for that thread where I discussed this in greater detail). While somewhat unusual, you can try to get a severance finding. There is nothing stopping you from arguing that your condition should be rated at 0-20%. Whether this requires a hearing or not to accomplish will depend on the facts of your case and the position of the PEB members. I would caution anyone that in communicating with the PEB (whether through a written submission or through testimony at the PEB hearing) you want to take care in how you address the issue of money you might receive. It can work against you if the PEB believes you are looking for an outcome driven by money versus your sincere belief about your medical situation and the limitations it imposes on your duty performance.

I am sorry to hear all you are going through. I do believe that, ultimately, the decision on which benefit is better should be left up to the member. (In your case, I don't know if your condition was incurred in combat zone, which may significantly impact your benefits and making a great deal of difference in the effect of severance vs retirement pay; that is, it may in fact be better for you to receive severance. Or it may be financially smarter to receive retirement pay. Also, do not forget the value of the TriCare benefit that retirement gives to you). However, I would also point out that you have a separate family law matter here that you may need some legal advice on. One possible scenario that would concern me is if you were granted severance, a court might look at that money as part of the marital estate and give your (ex) wife half. (Of course, with a retirement finding, the court might order payments based on this income, too...) State law will really drive the outcome of this issue, so I would strongly consider talking with a local attorney who is well versed in military divorce issues. It may make sense to get a separation agreement or divorce decree in place sooner rather than later (or it may not...again it would all depend on your circumstances and the state law issues...being military, you may also have complex issues on which state's laws would cover your situation). To sort this out, you might look for a good divorce lawyer.

Hope all goes well for you. Best of luck!
 
Am I reading this right? Are you saying that you would rather get a rating under 30% for the purpose of getting severance pay and NOTHING else (well, except VA) vs. a rating over 30%, a check the rest of your life, and eligibility to Tricare for the rest of your life?

Sure, a lump sum of money sounds great right now, but long-term? I'd think in less than a year, you'll be kicking yourself. Yes you can fight the decision of the PEB, but usually for a RTD. Not sure I've ever heard of someone fighting for severance pay, and I'm not sure that you can.

On a side note, there are plenty of programs out there if you are having financial problems. A while ago, my Grandfather passed away, I was strapped for cash but was able to get an interest free loan to pay for a ticket and more. Talk to your First Sergeant and the family readiness center (I'm AF, not sure of the Army equivalent).

EDIT: I type too slow. Good info from Jason (of course)
 
I also have a question. I was with the Marine Corps, 2/2 Easy Co. 3rd plt. from 2005-2008 and then went to 2nd Reg while waiting for my PEB. I was discharged and awarded 30% and placed on tdrl. I automatically recieved 50% because of this. Now I recently went to me reevaluation and the findings were 10% and to be dicharged with severance pay. On a page that came along with the findings it states that severance pay is 2 x base pay times the years of service. I was in for Just around 4 years and 6 months. I need to check on whether im over or under the 6 months because it states that even one day over 6 months counts as a year. Either way they have me marks as a PFC when I was promoted to Lance well before my actual Discharge. Could this be because the PEB was initially started while I was a PFC and they never changed it?? I also want to me sure I am correct. 2010 base pay chart says an E3 with more than 3 years service makes 1930.00 a month before taxes. My disability is combat related so there should be no taxes taken out. I just want to make sure that it will be 1930.00 times 2 times 4 or maybe 5 if its over that 6 month mark. Maybe its a stupid questing because it seems to me that thats what it clearly states. I just want to be sure. I am going out on my own soon and this money can really help me out. I just want to make sure I get what I am supposed to.

Thank you for taking the time to read this.

Dan
 
Daniel DeFrancesco said:
I also have a question. I was with the Marine Corps, 2/2 Easy Co. 3rd plt. from 2005-2008 and then went to 2nd Reg while waiting for my PEB. I was discharged and awarded 30% and placed on tdrl. I automatically recieved 50% because of this. Now I recently went to me reevaluation and the findings were 10% and to be dicharged with severance pay. On a page that came along with the findings it states that severance pay is 2 x base pay times the years of service. I was in for Just around 4 years and 6 months. I need to check on whether im over or under the 6 months because it states that even one day over 6 months counts as a year. Either way they have me marks as a PFC when I was promoted to Lance well before my actual Discharge. Could this be because the PEB was initially started while I was a PFC and they never changed it?? I also want to me sure I am correct. 2010 base pay chart says an E3 with more than 3 years service makes 1930.00 a month before taxes. My disability is combat related so there should be no taxes taken out. I just want to make sure that it will be 1930.00 times 2 times 4 or maybe 5 if its over that 6 month mark. Maybe its a stupid questing because it seems to me that thats what it clearly states. I just want to be sure. I am going out on my own soon and this money can really help me out. I just want to make sure I get what I am supposed to.

Thank you for taking the time to read this.

Dan
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Dan,

Do you have orders showing your promotion? Who knows why they made the error (your idea seems plausible, but no way to really know). Yes, severance is 2 times base pay times years of service.

Have you gone to the VA for a rating? (If not, do so). Do you agree with your rating from the PEB?
 
OMNI,

Sorry to hear that you're going through tough times. It seems that most of the answers that you seek have already been posted, but I would like to add some more. You seem to know what you want as well as have a plan in place, however, if there is any way at all that you can extend your stay in the military until after you are divorced, you may save yourself what you worked so hard and were injured for. It is too bad that this is happening to you but as others have mentioned, you should really consider taking the retirement.

A couple of things to look at, is your injury combat related? If you appeal for a higher disability, will this benefit you? Will your injury require more medical attention if and when you get out, medical bills are costly and can eat your severance up in a hurry? If your marriage is not salvagable, can you get a divorce before you get out? Again, you bleed for the disability and as you mentioned she already took all of your money, so what will she do when you have a large sum of money in the bank account? As for riding the system, don't look at it that way because as I see it, the system used and abused you, and would not heistate to do it again and again.

Just try and be smart about what you ask for and try not to make hasty decisions, especially when things get heated up. Good luck to you and I wish you the best.

Frank,
 
Well I emailed the person listes on the letter. I do agree with the rating and yes I have gotten a rating from the VA. I have already been on the TDRL for 2 years so getting off with money that can really help me out isn't bad. I know staying on would benefit in the long run but that would be taking money from people who might need it more than I do down the road. So here is the message I got back from them. We only rate the disability MMSR - 4 who holds your dd214 has your correct los and rank, they do a final verification before the final process. I can update you changes in our system. So it seems to me that what I said should be the case. As long as they have my dd214 then they will see. Thank you for your reply

Dan
 
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