what if anything do the Title 10 codes of 1201, 1202, 1203, and 1204 mean

kissem

Registered Member
Finally, I just received my disability retirement orders. Aside from the usual "how much will I make" questions, I'd like to know if it matters what section under title 10 the order is cut. Looking at the definitions on the Cornell web site, I believe I should have been under 1201. Although it doesn't say specifically on my order what section I fall under, it does say "Statute authorizing retirement: 1204. I am assuming that is the 1204 referenced in the title. Does this # matter when DFAS determines how pay is calculated?

And speaking of pay, here it comes; how much will I be entitled to? I ask this because the experts (DFAS (who refuses to tell me how much I will make), My RSO, my PEBLO, MyArmyBenefits, and members of this site) have all stated conflicting answers. Basically, It's the same question every other reservist/NG has-is the pay base calculated by the Basic Pay (36y, 10m, 8d) or the disability retirement (13y 3m 24d which is total number of points divided by 360)?

I have been determined to be unfit by the Army and assigned an 80% rating (combat related). I'm 100% VA. My injuries occurred while in Kosovo, Kuwait, and Iraq in 2000, 2004, and 2007 and I fall under the final pay status (enlisted before 1980). PEBLO and some members here state that my pay will be 75% multiplied by whatever active duty over 36 years pay is (I like this one). DFAS won't tell me because I am not in the system, even though they have had my orders for a month and my retirement date is a week away. RSO told me to ask DFAS. Then she told me my pay will be Final Pay. Two people at MyArmyBenefits and some posts here said it will be based on the YOS or disability pay of 13y, 3m, 24d. My orders say that my physical disability was incurred while entitled to basic pay and also was received in LOD as a direct result of Armed Conflict or caused by an instrumentality of war.

Any help would be appreciated.
 

Shane

PEB Forum Veteran
Registered Member
I have similar set up. Final Pay pre-1980. But remember you can only get a max of 75%. So you will get 75% of the pay chart for your rank and YOS.
 

Gomez

PEB Forum Veteran
10 U.S. Code Section 1201 deals with physical disability retirement for regulars and members on active duty for more than 30 days.


10 U.S. Code Section 1202 applies to regulars and members on active duty for more than 30 days who are put on the temporary disability retired list (TDRL).


10 U.S. Code Section 1203 applies to separation of regulars and members on active duty for more than 30 days.


10 U.S. Code Section 1204 applies to physical disability retirement of service members on active duty for 30 days or less or on inactive-duty training.


In my case, I was injured while on a year active duty tour of duty. After being released from active duty, I went into the Army National Guard where I went through a MEB/PEB and was placed on the PDRL. Since I had far more than 30 days of active duty, it seems that my retirement orders should have referenced section 1201. Instead, like you, they referenced section 1204 on my orders. This doesn’t make sense because section 1204 applies to physical disability retirement of service members on active duty FOR 30 DAYS OR LESS or on inactive-duty training. From what I recall from a call I made to the PDA order-cutting section, they use 1204 rather than 1201 for all National Guard and Reserve service members even though it seems incorrect. Go figure. Like you, I was concerned that it was an error that would affect my pay. However, in the end, being coded as 1204 didn’t adversely affect my pay. I never understood why they used 1204 but would like to know the reason if anyone else has insight about it.


Your disability retirement pay should be paid at 75% of the pay chart rate for your highest rank based on your number of years as determined by your Pay Entry Base Date (PEBD). If your service time was unbroken, the PEBD will be when you initially enlisted. If you have broken time, the PEBD will be adjusted to account for the broken time. So if you have no broken time and enlisted in 1978 your disability retirement pay will be based on your rank at 36 years on the 2014 pay chart using the Final Pay calculation.
 

PATRICKREID

Registered Member
So were you placed in the retired reserve? I've been working with my lawyer to get my orders backdated to 2016 because I had already started the IDES while on active duty orders with the Guard. I got my retirement orders June 1st of this year. Now my tricare is 1k a month.
 
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