21 Good Years and NO RETIREMENT

madbomber32

Registered Member
#1
I did a total of 21 and half years between active army and national guard. Went through the PEB board and initially found not fit for duty with a 40 percent disability rating putting me on TDRL. At the end of the five years, I had my first re-evaluation and was found to only have 20 percent disability after having two back surgeries. I appealed the decision and lost. They separated me with severance pay instead of transferring me to the National Guard retirement. They bought back my 7 active duty years and left me with 14 and half years of National Guard military service. The National Guard discharged me in the beginning of my TDRL and placed me into retirement. I just checked my IPERMS and it doesn't show any of my PEB OR MEB paperwork. It shows me as retired. No one can tell me if I'm still able to apply for retirement benefits at age 60.
 

RonG

PEB Forum Veteran
Registered Member
#2
I do not understand the "They bought back my 7 active duty years..." Are you speaking about the severance pay?

DFAS: "Congress allows DFAS to pay military members either a separation bonus or retirement pay for their period of service. If a member has received a separation payment, and then becomes eligible to receive retirement pay for the same period of service, he or she will be required to repay the separation pay before the full retirement benefit can be restored."

This includes Reserve and National Guard retirement.

You can get retirement assistance from various sources including your state's Military Personnel Management Office or state RPAM (Retirement Points Accounting Manager), the Retirement Services Office at Army installations (https://soldierforlife.army.mil/retirement/), the Department of Defense Instruction (DODI) 1215.7 (dtic.mil/whs/directives/corres/pdf/121507p.pdf) or your unit readiness NCO. In addition, there are Army Transition Centers available to help you.

Army National Guard Resources: http://arng.ng.mil/resources/Soldier-Resources/Pages/Retirement.aspx

State links: http://arng.ng.mil/Pages/State-Links.aspx

Another way to obtain info is to submit an email inquiry to:

[email protected]

Good luck,
 
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madbomber32

Registered Member
#3
I do not understand the "They bought back my 7 active duty years..." Are you speaking about the severance pay?

DFAS: "Congress allows DFAS to pay military members either a separation bonus or retirement pay for their period of service. If a member has received a separation payment, and then becomes eligible to receive retirement pay for the same period of service, he or she will be required to repay the separation pay before the full retirement benefit can be restored."

This includes Reserve and National Guard retirement.

You can get retirement assistance from various sources including your state's Military Personnel Management Office or state RPAM (Retirement Points Accounting Manager), the Retirement Services Office at Army installations (https://soldierforlife.army.mil/retirement/), the Department of Defense Instruction (DODI) 1215.7 (dtic.mil/whs/directives/corres/pdf/121507p.pdf) or your unit readiness NCO. In addition, there are Army Transition Centers available to help you.

Army National Guard Resources: http://arng.ng.mil/resources/Soldier-Resources/Pages/Retirement.aspx

State links: http://arng.ng.mil/Pages/State-Links.aspx

Another way to obtain info is to submit an email inquiry to:

[email protected]

Good luck,
I'm sorry, yes severance pay for the 7 years of active duty time.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#4
madbomber32,

I will try to answer your questions. To help me in understanding your situation, when were you placed on the TDRL and when were you separated? Do you or did you have VA findings showing a higher degree of disability for your unfitting condition(s)? If so, with what effective dates?

I did a total of 21 and half years between active army and national guard.
Did you ever receive a "20 year letter" or Notice of Eligibility for reserve retirement?
At the end of the five years, I had my first re-evaluation and was found to only have 20 percent disability after having two back surgeries. I appealed the decision and lost. They separated me with severance pay instead of transferring me to the National Guard retirement.
Again, what was the date of the final action/separation?
Assuming you had 20 years of total service, you should have been able to opt for retirement at age 60 (potentially, at a lesser age if you have qualifying deployment orders in your history)
10 U.S. Code § 1209:
"Any member of the armed forces who has at least 20 years of service computed under section 12732 of this title, and who would be qualified for retirement under this chapter but for the fact that his disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, may elect, instead of being separated under this chapter, to be transferred to the inactive status list under section 12735 of this title and, if otherwise eligible, to receive retired pay under section 12739 of this title upon becoming 60 years of age."
https://www.law.cornell.edu/uscode/text/10/1209

It shows me as retired. No one can tell me if I'm still able to apply for retirement benefits at age 60.
It sounds to me like you never were given the option to elect reserve retirement in lieu of separation or, perhaps, you just did not elect that option. If that is the case, you likely would have to submit a BCMR application to address this issue.

Understand that if you do pursue this appeal option to get retirement option, you would have to take into account the recoupment/offset of any separation pay you received. You can't get both- separation pay and retirement at age 60. So, this should be factored into your decisions going forward.

Hope this helped. Best of luck!
 
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