AGR in MEB w/ 20 1405

B

BDUBL

PEB Forum Regular Member
Registered Member
Looking for some info



I am ARNG AGR with 11 months and 23 days until I hit my 20 years AD. I have 1 year 3 months of 1405 time. I am in the MEB process currently. I have an open LOD for 3 major injuries incurred from a motor vehicle accident a year and a half ago. The LOD is currently found NLD-DOM because I had alcohol in my system. I also have a Permeant profile for PTSD and was found unfit for that by my state BH officer. I am panicking because I don’t want to lose my retirement/Medical retirement pay due to the LOD being NLD-DOM. I also have 2 LODs from Iraq one on my shoulder and one on my right knee that were found ILD. I was diagnosed with thyroid carcinoma, and I am currently under care for that as well. I had my thyroid removed and now they are continually adjusting my meds to try and get my TSH number down. Just looking for some insight as to had this could play out in my favor. If the MEB turns up less than 30% DOD can I just elect to retire statutory in 11 months and 23 days?
 
BDUBL said:
Looking for some info



I am ARNG AGR with 11 months and 23 days until I hit my 20 years AD. I have 1 year 3 months of 1405 time. I am in the MEB process currently. I have an open LOD for 3 major injuries incurred from a motor vehicle accident a year and a half ago. The LOD is currently found NLD-DOM because I had alcohol in my system. I also have a Permeant profile for PTSD and was found unfit for that by my state BH officer. I am panicking because I don’t want to lose my retirement/Medical retirement pay due to the LOD being NLD-DOM. I also have 2 LODs from Iraq one on my shoulder and one on my right knee that were found ILD. I was diagnosed with thyroid carcinoma, and I am currently under care for that as well. I had my thyroid removed and now they are continually adjusting my meds to try and get my TSH number down. Just looking for some insight as to had this could play out in my favor. If the MEB turns up less than 30% DOD can I just elect to retire statutory in 11 months and 23 days?
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Normally I would say don't worry as the worst you can get in the situation is 15 year letter if you don't have 20 good years but the type of discharge matters. I would consult an attorney to work on your behalf. The NLD isn't the end of the world especially if you hit certain markers such as 15 good years, 20 good years & 20 AFS but if your discharge is bad conduct etc you may not be able to get a retirement. I am not sure on this.

I would consult with JAG and get a separate opinion from a private attorney. Consider hiring private attorney to help represent you through the entire process to try to get the best results.
 
BDUBL said:
Looking for some info



I am ARNG AGR with 11 months and 23 days until I hit my 20 years AD. I have 1 year 3 months of 1405 time. I am in the MEB process currently. I have an open LOD for 3 major injuries incurred from a motor vehicle accident a year and a half ago. The LOD is currently found NLD-DOM because I had alcohol in my system. I also have a Permeant profile for PTSD and was found unfit for that by my state BH officer. I am panicking because I don’t want to lose my retirement/Medical retirement pay due to the LOD being NLD-DOM. I also have 2 LODs from Iraq one on my shoulder and one on my right knee that were found ILD. I was diagnosed with thyroid carcinoma, and I am currently under care for that as well. I had my thyroid removed and now they are continually adjusting my meds to try and get my TSH number down. Just looking for some insight as to had this could play out in my favor. If the MEB turns up less than 30% DOD can I just elect to retire statutory in 11 months and 23 days?
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I’m guard and I’ve been fighting for my stuff for 3 years now so it is completely reasonable to be able to appeal and demand formal boards that will happen to be over your 20 years. Talk to your PEBLO and attorney.
 
Mentioning the obvious: A 15 year letter does not qualify one for CRDP.

Ron

Edited to add:

Eligibility (of Retirees Who Are Entitled to Retired Pay Due to Retirement Under Chapter 61 for Disability):​

To be eligible to receive both military disability retired pay and VA Disability Compensation concurrently, a member who was retired under Chapter 61 for disability must:

  • Have completed 20 years or more of service creditable under 10 U.S.C. § 1405, or 20 years of service computed under 10 U.S.C. § 12732, at the time of the retirement; and
  • Be entitled for any month to both military disability retired pay and VA Disability Compensation; and
  • Have a service-connected disability (or combination of service-connected disabilities) that is rated by the Secretary of Veterans Affairs as not less than 50 percent disabling on the VA schedule for rating disabilities.
Note: A member who was retired under Chapter 61 for disability and who did not have 20 years or more of service creditable under 10 U.S.C. § 1405, or 20 years of service computed under 10 U.S.C. § 12732 at the time of retirement, is not eligible to receive VA Disability Compensation and military disability retired pay concurrently. Therefore, such members are subject to the general rule that requires a dollar-for-dollar waiver of military retired pay in order to receive VA Disability Compensation.
 
@BDUBL @Provis is correct. I am such an attorney and will say this: although your case is a complicated one, it is definitely not hopeless by any stretch of the imagination. The key is separating out the disciplinary issues from the disability issues, then focusing on the intersection of both areas - this is where one can spoil the other. The attorneys who post here have agreed to not advertise or try to directly solicit business because we know you can easily find our websites if you want. We post to help. I was a Marine JAG who, in addition to IDES work, I did criminal prosecution at the Installation Level at Camp Lejeune; I get what you're going through. If you choose to go with government counsel, make sure they work with or at least consult with their local IDES attorney to create a strategy that works for you. Working with siloed government attorneys is a recipe for disaster: they are not trained in all areas of law - just like civilian attorneys don't practice all areas of law. But you can't assume just because they are both in the Army, or even on the same base, that they will talk to one another.

Remember, this is assuming you’re facing disciplinary action. A good attorney will analyze the facts, consult the relevant laws and regulations, and create a strategy to move forward. These three main buckets are all you need to start addressing your looming issues and answer your questions. In the end, the biggest factor is choosing an attorney with whom you can work well. There’s no point hiring someone if you guys get along like a house on fire – you won’t get the best work from the best attorney if you don’t see eye-to-eye. Good luck!
 
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