Triple your severance pay!

As far as the admin appeal, I think it depends on your comfort level in drafting this and responding to any counter-arguments.

I think it is highly advisable to seek legal advice if you are going to consider a judicial claim in the Court of Federal Claims, due to jurisdictional issues and to ensure you have no issues with the SOL.
 
Lawyer it is. Thank you so much Jason, I would have never known about this if it wasn't for your site. I appreciate it, and when I can I WILL donate.

Mike
 
Talked to a lawyer today, she said that since I signed the MEB, I had no chance and she would not take the case. So all my efforts will go into my wifes MEB. It was a fun thought for a while though. Mike
 
If the advice was based on just the fact that you signed the MEB, you got bad advice. Signing an MEB is irrelevant. Agreeing with the PEB is a more significant factor, however, if your agreement was not voluntary (which has a specific legal meaning) or you were not aware of the nature or severity of your condition, you may still have a case with the BCMR.

What I am 100% clear on is that under the facts you gave about your case, you will be eligible for the 10 USC 1554 Board of Review.
 
Please refer me to a military lawyer capable of coming to this assumption. I did sign everything. When I fought the board it was to stay in. The found me unfit to serve and gave me 25%. I hired a lawyer when I got out he took my 500 and gave me the run. I understand you might want to keep this off boards (references). I dunno. I don't doubt you. I just am tired of the system, and don't know how to approach this. A website anything I will persue. I would love to be retired and feel I deserve it. If I can find a lawyer to help me appeal I will. I have taken 2 buisness law classes, and am scared to jump into something that is beyond me.
 
I will PM you.
 
Let me apologize in advance if this is in the wrong post..I remember reading the calculation example, but I do not remember where. I have 6 years in the guard. If I am discharged for a condition like Lupus, am I entitled to the severence pay? If so did I perform the calculation correctly ( E4 base pay = 2062.80 * (2.5 * 6yrs) = $30,942.
 
For members of Guard and Reserve, you have to convert your points to years of active federal service. Basically, every day of duty (Basic/AIT/IDT/Mobilizations/AT periods). Then take this number as your years of service (YOS).

2 x YOS (not less than 3, not less than 6 for injuries incurred in line of duty in a combat zone) times base pay = Severance pay.

The 2.5 % calculation is used in other calculations, like in determining benefits for members with more than 20 YOS, and in CRDP/CRSC calculations.

Hope this helps!
 
Thanks for the info, but I am still lost....part of my illness. I have 3 yrs of active service, and the rest is guard time(how do I go about finding out what points I have..as I do not know or have gotten any updated information on my points from my unit)..but tell me if I am on the right path..if I have 5 good years(last year has been a struggle) then it is 2*5 times base pay EX: 10*2062.80=20,628. I think I have it, just need to be sure.
 
OneFavor,

No worries, some of this stuff can be very confusing.

You would need to look at the number of points from your Guard Service. Your unit should be able to provide that. It is sometimes called a Retirement Points Accounting System. You would add the eligible points from actual duty (and not points accrued for Reserve Component Participation) to your active duty service.

You also round years (less than 6 months rounds down, more than 6 months rounds up).

Whatever your total years of service (not less than 3, or 6 if incurred in line of duty in "combat zone") you will multiply by 2 and multiply this by your base pay.

Your PEBLO should be able to help you with this and should provide an estimated payout as part of their counseling to you.
 
I have a question regarding this situation. I have been on active duty for two years and when I outprocessed yesterday for my medical discharge, I was told that DFAS does not have it in their system this way and I will not be getting paid for the third year. She said when or if they get it in their system, then I "might" get paid. So, at this point, my severance pay is only for two years, not the three it should be. Does anyone know anything about this or have this same experience?
 
I hate hearing things like that.

It is very possible that DFAS has not updated whatever system they are using to calculate severance pay. I would call DFAS direct and see what they say. I would hope that they have some method to manually override.

However, if they do not process your pay correctly, you have the old standby Board for Correction of Military Records to appeal for relief. The thing that disturbs me about this is that the relief granted would be to direct DFAS to pay you. This should be the same outcome that comes out of someone at DFAS doing the input right the first time (though, there is a code that DFAS uses for paying out corrected amounts through the BCMRs- I really hope that someone has enough sense to figure out how to process this without making you get a finding from the BCMR).

If it turns out that you cannot get this straightened out with DFAS, please let me know ASAP. If you are agreeable, I will push this issue. This is not acceptable.
 
Hello Jason,

Out of curiosity, would you or anyone know a phone number for someone at DFAS because when I asked the woman at the finance office for a phone number she told me that she couldn't give me that information because DFAS doesn't want to be getting a million phone calls about this. She read me an email that had a phone number on it, but when I asked her for it, she said no. Thanks....Becky
 
Thanks Jason, I will try and give them a call tomorrow and I will let you know what kind of information I receive back.
 
Jason,
I don't understand your original post about the additional severance pay. If I am offered severance, I will have 14 years. Are you saying there is a way I can get extra money for those additional 2 years beyond the 12 year max? If so, that would be great.
Thanks,
Tim
 
Okay quick question.
I am facing an admin sep due to medical reasons. I have over 13 years
in the navy. I was listed as fit for duty by a PEB then given the notice
of seperation. I am getting seperated due to Diabetes with no family history. I was looking up the VA rating and its a minimun of 20%. So how can the PEB claim i'm fit and take away severense pay i should be given.
(for which they are trying to only give me half). Any help on how i can fight this would be appreciated. I have about a month left.
 
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