Colonel MIke, I have gone round after round with DFAS concerning the way they calculated my ANG retired pay. I have received pay since 2013 at age 60. I left the ANG in 1997 with disability but had over 21 years service and was moved to retired reserve (grey area). I have my NOE (20 year letter). I receive CRDP because I have over a 50% disability rating from the VA. Because I entered service in 1973 my pay is based on the Final Pay system. The problem is they calculated my pay from the military pay scale of 1997 instead of 2013. It is a siginificant difference in my monthly pay. Even though I forwarded copies of the rules and laws regarding the proper date of calculation, they have simply written back to me with how they figured it. There is a rule reference in one DFAS letter that is wrongly applied for their caluclation of my pay. The regulation is:
DOD 7000.14R Vol 7B, Chpt 3
DFAS calculated and pays me from rule 2.4 Involuntarily Retirement (Disability) which grants pay immediately when leaving the service. I was ANG so the pay should be calculated per the same Regulation under rule 2.5 Reservist (Meets Age and Service Requirements)
(Rule 2.5.11) For a member who entered service before Septemeber 8, 1980, the retired pay is the monthly basic pay at the rate applicable on the date granted retired pay,...
DFAS own Quick Tools explains what calculation "The member may only receive concurrent pay, after reaching eligibiity age and only in the amount equal to what the member would have received at eligibility age if (s)he had not been retired for disability under Chapter 61."
As an ANG member I was granted retirement pay in 2013. Not 1997.
Do you have any suggestions as to who I can contact or what avenue I can use to get someone to correct this?
Thank you
