I am a reservist on active duty. I have researched this question and can't find a straight answer. What happens if I am DoD rated under 30% and deemed unfit of duty, but I have my 20 year letter? Some places say you have to have 20 years of "active service" or a 30% rating. Other places say you have to have 20 years of "creditable service." I have well over 20 years of creditable service (reserve good years) but I don't have 20 years of active service. Thanks in advance.
Reservist with 20y letter MEB/PEB
- Thread starter bryantr72
- Start date
Hello,
1. Disability retirement: 30% is the minimum rating for that retirement. The longevity percentage is not considered for determining eligibility . It could be a factor in determining the multiplier for disability retirement pay.
2. Your 20 good years qualify you for reserve/ NG retirement when you meet the age requirement.
Ron
Hello,
Under the circumstances you describe, a DoD disability rating less than 30% = separation
When you reach the age requirement for reserve retirement, you can apply for that status and a 50% or more VA rating will qualify you for CRDP.
RON
If under 30% then you get moved to the to gray area retirement. @RonG is incorrect about getting severance. If you accept severance you forfeit your Reserve retirement. So the goal would be to get 30% or higher to get pension and tricare immediately.
My wife was O4 AGR Soldier so she researched this extensively to see what the outcome may be in each scenario. There are many more protections for Reservist than active duty. For active duty its tough luck and thanks for trying if your DOD% is 20% or less. For Reservist you have 15 year letter issued to soldiers medically separated meaning if you have 15 or more good years they give you a 15 year letter if you have not reached 20 years. It works the same as 20 year letter accept you don't get CRDP when you retire at qualifying age. Since a 15 year letter doesn't qualify for CRDP it's much better to have a 20 year letter if found unfit with 20% DOD or less.
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Provis,
Thanks, I was worried I would be separated and not be in the grey area. While in the grey area, it is my understanding you still accrue time in grade until you receive retirement pay because you are in the retired reserve. This is important for the high 3 calculation. As a retired reservist, you theoretically could be called back into service. I would think that an unfit for duty determination would disqualify you for the retired reserve which means a complete separation and no accrual of time in grade.
Thanks, I was worried I would be separated and not be in the grey area. While in the grey area, it is my understanding you still accrue time in grade until you receive retirement pay because you are in the retired reserve. This is important for the high 3 calculation. As a retired reservist, you theoretically could be called back into service. I would think that an unfit for duty determination would disqualify you for the retired reserve which means a complete separation and no accrual of time in grade.
You get put in retired reserve though you would never get called up due to your status
. You will accrue time in grade!I am in a similar situation, Army Reservist, 34 years (I have my 20 year letter) and will likely be found unfit for duty by PEB. MEB is recommending that based on one condition that will probably come back at 20%. Current VA rating is 100%. I spoke with DFAS and since I have 20 years of service, my Chapt. 61 retirement will be calculated on longevity or rating still, whichever is highest. In my case, longevity period will be used. I will have an off set for current VA payment but still get a portion of my Chapt 61 retirement. Once I hit Longevity retirement age (59 for me) I will get CRDP and get my full longevity retirement and VA disability pay. No grey area status because medically retired.
Do you have 20 AFS? If only 20+ good years if you get DOD% 20% or lower you won't retire immediately. Instead you will be forced into gray area retirement until you reach eligible age to retire using your 20 year letter.
So your main focus should be ensuring that your unfitting condition (s) total 30% or higher. As long as you have 30% DOD then you will be medically retired. That is when DFAS will run the calculation and give you the higher between your DOD% verse longevity pension earned.
I am a bit worried now...worried is not the right word but had hoped to get my chapter 61 right away, minus the VA off-set. Requested an IMR to evaluate my one condition, to add IVDS to the language as it is a separate disability for the VA...hopefully get up to 30% at least. We'll see how it goes.
I was too when i read your post! To receive a chapter 61 pension you need a finding of duty related condition or conditions that are found unfit with the total ratings 30% or higher. Otherwise you are just out on the street receiving VA compensation unitl you can apply for your Reserve/Guard retirement.
Have you considered hiring a dedicated attorney? My wife was AGR with 20 year letter and 6200 points. She hired an attorney from the start and it made all the difference for her outcome.
One thing I forgot to mention is I have over 8,000 points. Of those points, at least 7,800 are from duty days rather than membership points. I am reviewing Title 10, 1208 (Chapt 61), and 12733 Computation of Service, and it looks like for computation of service, you use the calculation as you would for retirement= Points/360. Using this method I have over 21 years of equivalent service. While it's not AFS, Section 1208 seems to indicate I might be good to go with over 20 years of service. What do you think?
All points count when medically retired. if less than 20% DOD then that is not the case. So you would need 20 AFS time. I would double check with HRC so that there is no surprise. So as you can see 30% DOD and you are good in all scenarios. You may still be good without but I wouldn't hope for it. I would want to confirm with HRC that I will be retired based on 20 year active duty retirement requirements being met.
great advice and thanks.