Retirement Help

M

Maxschnell

PEB Forum Regular Member
I'm a USAF Reserve IMA with little to no support. My main POC is the same person that interfered and canx'd my approved MEDCON orders, so needless to say I have a very hard time dealing with them, and certainly don't trust them.

My PEBLO (RAF Lakenheath) is equally useless. I started getting sick again (ulcertative colitis) so I contacted the PEBLO on a whim to see if there's been any determination. Turns out that was done in January, six months ago - permanent retirement w/ a 30% rating. I have my 20 year letter and 5300 points.

The only paperwork I received is an AF Form 356 - Informal Board Findings (and now my retirement orders), seems I should have some more paperwork.

So out of resentment and without much advice, I applied for my retirement and have an effective date of 1 Aug 12. I see now that was a bit reactive and may not have enough time to wrap everything up.

So what do I need to do for my retirement? Physical? Medical Records? TRICARE? What is my retirement order supposed to state, any particular code? I want this wrapped up ASAFP but but not at the expense of losing or delaying benefits.

I understand some of my benefits but I'm not clear on the retirement pay. Do I only receive the 30% until I'm 60 then receive my full retirement? Or do I receive everything immediately, same as if I retired from active duty?

Appreciate any advice!
 
definitely go to the AFBCMR.....you should have gotten MEDCON from the beginning...and the fact they gave you 30% hammers that point.

I could be wrong, but I think the 30% gets you retired...and you'll get paid for your 5300 points.....which should be about 5700 if you get your backdated medcon.
 
Turns out I wasn't even supposed to initiate my retirement, the PEBLO was and they dropped the ball. Found the correct POC at Randolph that will be processing my entire retirement, correctly, effective 27 Sep 12.

Yes, I'll be filing a claim for unlawful discharge when this is all over. Is there anything I can do in the meantime to prepare? MyPay, TRICARE, medical receipts, medical records, orders, e-mails, etc? How long can I expect this to drag out?

What is the process of appealing to the AFBCMR and how does that differ from filing a claim in federal court for unlawful discharge? Anyone have any contact info for AFBCMR?
 
Mypay will automatically update to retirement upon separation. Tricare will become standard, unless you pay for Prime or if Medicare eligible you are Tricare for Life. Request 2 copies of all medical records. If they say no, try pushing them harder. Don't go on terminal without signing your DD-214 and having all documents in hand. It's far easier having admin issues handled prior to release from active duty.

The Tucker Act allows you to bring suit in Federal Court if 10k or more is sought in damages. From what I have read the Court of Federal Claims could remand it to BCMR under the criteria that, "you haven't exhausted all levels of appeal." I would consult with an attorney to see the best course of action. They might first try the BCMR or go to Federal Court; that's up to them and you.

You might start here for info about AFBCMR.
http://www.afjag.af.mil/questions/jaja/upgradingdischarge.asp

As far as retirement........the reserve and NG component makes things a bit more difficult for me, but from my understanding you will start receiving your DoD pension now, or waive it in lieu of VA benefits. If you have combat related injuries or incurred in combat zone you could apply for CRSC. When you hit 60 or reserve retirement age, you will receive CRDP; ie both DoD and VA pay.

I assume you have to elect to either receive 30% of base pay or VA benefits unless CRSC applies to you. Then at age 60, you receive your LOS retirement plus VA benefits.

Hopefully someone with reserve/NG knowledge can help more.
 
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