22+ Years of service and going to PEB, Medical Retirement or Regular retirement

Good morning all, last month i was given a P3 during for my Kidney Disease as it has reached stage 3 and told i would need to be submitted through a PEB for possible discharge. I currently have 22 years of service (13 active, 9.5 guard) and a 30 percent va disability for my Kidneys when i separated from Active Duty.

If i do get found unfit during the PEB, will i be eligible to receive pay immediately or will i have to wait for age 60?

I am torn about what to do, i really want to stay in and my nephrologist said i should be able to serve for a few more years with restrictions.

If i know i will not be receiving anything immediately and will have to switch to tricare retired reserves, then i will be more apt to fight to stay as i will lose that monthly income as well as Tricare costing a lot more a month
 
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It depends on your points, anything of 7200 points will equal an Active duty retirement. If you have less then you have to wait till your 60 to draw.
 
It all depends on if the condition is “unfitting for duty” and at the same time, it occurred or was aggravated due to military service. If you can prove that (and that’s a high bar to cross), then the PEB and MEB Boards can determine to retire you medically, with pay right away, regardless if you are less than 60.
 
Yes, you'll be eligible for pay immediately if found unfit and over 30% by your service. You'll be eligible for Tricare Prime as well. Calculate your retirement. You'll likely make up any difference in income with the cheaper Tricare and possible differential pay in your retirement.
 
RaiderX said:
It depends on your points, anything of 7200 points will equal an Active duty retirement. If you have less then you have to wait till your 60 to draw.
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As you likely know, 7200 points is not required for a reserve retirement; in fact, most reserve retirees attain much less than 7200 points when qualifying for retirement.

Basically, a reservist must have 20 good years. A good year is one where at least 50 points were attained. Another important aspect of reserve retirement is that a reservist must meet the age requirement for retirement.

A member is generally not eligible for Reserve (non-regular) retired pay until they reach age 60. However, any member of the Ready Reserve who is recalled to active duty or, in response to a national emergency, is called to certain active service after January 28, 2008, shall have the age 60 requirement reduced by 3 months for each cumulative period of 90 days so performed in any fiscal year after that date.

A reservist with 7200 points or more, cannot retire any earlier (with a reserve retirement) than age 60 (which can be reduced in accordance with the provision cited in the preceding paragraph).

A reservist must meet all the requirements, including age, for a reserve retirement.

Regards,
Ron
 
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Excellent commentary on disability retirements, in this case for reserves.

Although it was not mentioned in the initial post, the "7200 points" part of the discussion is primarily about non-disability retirement and after spending an hour or so doing additional research, I am not so sure that those with 7200 points cannot retire without an age requirement being met. In other words, in some references, it appears that those with 7200 points would be treated similar to regular retirements with 20 years active duty.

I hope to give this a closer look later today.

Ron
 
Ron, I just went through this with DFAS and HRC. Was told by both of I had the 7200 points it equates to 20 years of active service and I would be eligible right away. Since I had 24 years of service, and 18yrs 9 months of points I did not qualify.
 
RaiderX said:
Ron, I just went through this with DFAS and HRC. Was told by both of I had the 7200 points it equates to 20 years of active service and I would be eligible right away. Since I had 24 years of service, and 18yrs 9 months of points I did not qualify.
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Thank you for your remarks. I have found "articles" that mention what you were advised, but to date, I have not found a regulation or the law that provides for the 7200 point retirement. I suppose I need to differentiate between the codes in laws that I have avoided to date. I just returned from reviewing more material and was unsuccessful (again).

Your remarks have been helpful and it is revealing that both DFAS and HRC have the same explanation. I mention this because only last year, the DFAS (which was my tribe at one time) stopped the CRDP for a qualified reservist because they thought he needed 7200 points. That is not a requirement for CRDP. He met all the requirements including 20 good years, VA comp @ 50% or more, and was age 60+.

I think you are correct.

Still looking,
Ron
 
Reference: U.S. Code › Title 10 › Subtitle E › Part II › Chapter 1223 › § 12731
10 U.S. Code § 12731 - Age and service requirements

https://www.law.cornell.edu/uscode/text/10/12731

Notwithstanding the reported info from DFAS and the Army's Human Resource Command, the only provision I could locate for a non-regular retirement (i.e., reserve and not disability) was (TERA purposely omitted0:
"(1)
Subject to paragraph (2), the eligibility age for purposes of subsection (a)(1) is 60 years of age.
(2)
(A)
In the case of a person who as a member of the Ready Reserve serves on active duty or performs active servicedescribed in subparagraph (B) after January 28, 2008, the eligibility age for purposes of subsection (a)(1) shall be reduced, subject to subparagraph (C), below 60 years of age by three months for each aggregate of 90 days on which such person serves on such active duty or performs such active service in any fiscal year after January 28, 2008, or in any two consecutive fiscal years after September 30, 2014. A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph.
(B)
(i)
Service on active duty described in this subparagraph is service on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d) of this title..."

The quotation is from the reference cited at the top of this page. A reference to a 7200 point conversion to a retirement with immediate accrual of retired pay was not located. Perhaps a question via email to HRC will reveal the reference if it exists.

Not that it is relevant, but I am in favor of reservists/NG personnel being treated the same as the active duty component.

Ron
 
Note, I never had a Line of Duty (LoD), but incurred the bulk of my issues after returning from mobilization. I believe my case manager submitted a LoD Waiver Memorandum (I'll look this up exactly what it is called- exception?) prior to the MEB beginning. Perhaps I'm over-reading Chaplain Charlies post where it mentions "must have been incurred in the line of duty."
 
To assist with the continued presentation of soundly insightful information and for the additional clarification to other readers...

In reply #6 above from @chaplaincharlie referencing a "temporary disability" the statement "Within five years, doctors must determine whether the disabilities are permanent" only apply to members of the Armed Forces placed onto the DoD military TDRL on 31 December 2016 and earlier; as in my own individual DoD TDRL placement.

As such, the FY17 NDAA TDRL Tenure Change states the amendments made by subsection (a) shall take effect on January 1, 2017 and shall apply to members of the Armed Forces whose names are placed on the temporary disability retired list on or after that date.

(a) REDUCTION OF TENURE.—Section 1210 of title10, United States Code, is amended—
(1) in subsection (b), by striking ‘‘five years’’ and inserting ‘‘three years’’; and
(2) in subsection (h), by striking ‘‘five years’’ and inserting ‘‘three years.’’

Otherwise, as annotated in the FY17 NDAA, view the exact verbiage as follows:

13..... SEC. 525. REDUCTION OF TENURE ON THE TEMPORARY
14........................... DISABILITY RETIRED LIST.
15............ (a) REDUCTION OF TENURE.—Section 1210 of title
16..... 10, United States Code, is amended—
17.................... (1) in subsection (b), by striking ‘‘five years’’
18........... and inserting ‘‘three years’’; and
19.................... (2) in subsection (h), by striking ‘‘five years’’
20........... and inserting ‘‘three years’’.
21........... (b) APPLICABILITY.—The amendments made by sub-
22..... section (a) shall take effect on January 1, 2017, and shall
23..... apply to members of the Armed Forces whose names are
24..... placed on the temporary disability retired list on or after
25..... that date.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
@Warrior644
You are correct. I was quoting an official source, but evidently the reserves have not updated the Reserve Handbook. Thank you for correcting my error. I knew that was wrong, but failed to note that change in my post. Great catch. Thanks again. Mike
 
chaplaincharlie said:
@Warrior644
You are correct. I was quoting an official source, but evidently the reserves have not updated the Reserve Handbook. Thank you for correcting my error. I knew that was wrong, but failed to note that change in my post. Great catch. Thanks again. Mike
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Mike:

No worries; you always provide soundly insightful information in my opinion which helps a lot of PEB Forum members! Indeed, keep up the great work and you are quite welcome!

Together, we shall continue to provide useful information which may at times need clarification. If clarification is warranted, then I know I can depend on you and other PEB Forum seasoned members to positively correct my own oversights too. Thank you and take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
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