Chapter 61?

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JenRie

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Hey all! I have a question, I am currently Title 32 AGR, with 18 years TAFMS. 6 yrs are Title 10, My NARSUM lists all of my DOD service connected disabilities with date that I was Title 10. If I'm reading the regs correctly, that would make me eligible for Chapter 61 retirement. Am I reading right? Anyone else have experience with Ch. 61?
 

RonG

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Almost everyone who visits this board has had or is about to experience CH 61.

10 U.S. Code CHAPTER 61—RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

CH 61 law LINK <—-

A DoD disability rating of at least 30% = disability retirement

Note: If one is initially placed on the Temporary Disability Retired List (TDRL), they will be paid at the 50% rate while on the TDRL.


Ron
(Regular Retirement)
 

RonG

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Disability Retirement (without being eligible for another type retirement).

Your retired pay will be computed using one of two methods:

  • your disability percentage (using a minimum of 50 percent for payment purposes while on the TDRL), referred to as Method A, or
  • your years of active service, referred to as Method B. This will be (active duty years or equivalent x 2.5%) x Average High three base pay
Your pay will be computed based on whichever is more beneficial for you.

Your retired pay will be reduced by the amount of VA compensation received.

Ron
 

RonG

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I think he is interested in retirement; however, Chapter 61 covers both Retirement and Separation. In other words, many are separated without retirement under the provisions of Chapter 61.

10 U.S. Code CHAPTER 61—RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

CH 61 law LINK <—-

Ron
 

Ordalp

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Not sure if the 18 years was active or just total service.. Many unknown variables to this case, however they came to right place for information!!
 

JenRie

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Thanks all. I am in the dreaded MEB process currently. I apologize if I wasn't clear with what I was asking! I know there are a LOT of differences when you are AGR between title 32 and title 10 status, therefore the question regarding chapter 61. I have 18 years active (between title 10 and title 32), and 25 years total (8 years as a DSG). Currently AGR. I know a LOT depends on how the IPEB comes back, and ratings, etc. I am trying to figure out if there is a way in all of this mess that I could be eligible for CRDP now. I think I might have researched myself into confusion. :confused: I really don't want to wait until I'm 60 to collect CRDP.
 

RonG

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The only path for you to receive CRDP immediately is to retire with 7200 points or more.

“20 good years” by itself does not qualify one for immediate retired pay unless they have met the age requirement.

Ron
 

JenRie

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Disability Retirement (without being eligible for another type retirement).

Your retired pay will be computed using one of two methods:

  • your disability percentage (using a minimum of 50 percent for payment purposes while on the TDRL), referred to as Method A, or
  • your years of active service, referred to as Method B. This will be (active duty years or equivalent x 2.5%) x Average High three base pay
Your pay will be computed based on whichever is more beneficial for you.

Your retired pay will be reduced by the amount of VA compensation received.

Ron
The only path for you to receive CRDP immediately is to retire with 7200 points or more.

“20 good years” by itself does not qualify one for immediate retired pay unless they have met the age requirement.

Ron
Thanks RonG. I was hoping for any loophole there is. My Med Group told me that 15 was all it took...I found out completely different AFTER the process was started.
 

RonG

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The only 15 year retirement of which I know is TERA and that is not remotely related to this discussion.

VOLUME 7B, CHAPTER 1: “INITIAL ENTITLEMENTS – RETIREMENTS”
Retired Pay Manual <—-link

Ron
 

RonG

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CRDP Information (selected text).

DoD Financial Management Regulations Volume 7B, Chapter 64

“640203. Members retired for physical disability who have less than 20 years of service creditable for the purposes of computing retired pay are not eligible for CRDP, unless they have 20 years of service for determining entitlement to non-regular (reserve) retired pay and are otherwise eligible for such reserve retired pay.”

The “otherwise eligible for such reserve retired pay” includes meeting the age requirement.

Ron
 

RonG

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RE: Reserve "Election for 15-year notice of eligibility"

AR 635-40
4–27. Final disposition by U.S. Army Physical Disability Agency

(2) Election for 15-year notice of eligibility. RC Soldiers who are members of the Selected Reserve and have a disability disposition of separate with or without disability severance pay will be afforded the opportunity to make an election to transfer to the Retired Reserve under the provisions of 10 USC 12731b as set forth below. (a) A finding of unfit by the PEB or USAPDA is required for eligibility for the 15-year notice of eligibility when— 1. The RC Soldier’s disability was incurred in the LOD or is compensable under the provisions of 10 USC 1207a. 2. The RC officer is an obligated RC participant in the Health Professions Scholarship Program..."

------
Discussion of 15-year notice of eligibility:

--->Link to non-government web site

Selected excerpt:

"“How is pay calculated if you get one of these letters?” another inquired. “Is pay prorated as if you did complete twenty years?” No, I replied, it is not prorated but it is based on the total number of retirement points you have earned at the time you are discharged. Other than the obviously lower number of points used to calculate pay, though, most of the other retirement benefits are exactly the same as if you had completed twenty years. The only exception would be for concurrent disability and retirement pay (or CRDP)..."

[Retirement under this provision does NOT qualify an individual for CRDP. Also, the individual must still meet the age requirement for RC/NG retirement payment.]

----

CRDP


DoD Financial Management Regulations Volume 7B, Chapter 64

“640203. Members retired for physical disability who have less than 20 years of service creditable for the purposes of computing retired pay are not eligible for CRDP, unless they have 20 years of service for determining entitlement to non-regular (reserve) retired pay and are otherwise eligible for such reserve retired pay.”

The “otherwise eligible for such reserve retired pay” includes meeting the age requirement.

Ron
 

RaiderX

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I would say check you points statement, but I don't know if they produce one for AGR. I just ran a rough calculation for points 18 years of "active time"= 6570. Eight years of as a drilling member at an estimated 65 points per year = 520 points

6570+520= 7090 pts leaving 110 points till 7200 points for Active Retirement

COAD may be an option to get you those extra points.
 

RonG

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RaiderX,

Thank you for posting the points information.

Regards,
Ron
 

Guardguy11

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Thanks RonG. I was hoping for any loophole there is. My Med Group told me that 15 was all it took...I found out completely different AFTER the process was started.
The ole 15 year deal. Good luck finding this in AFI. Everything I have heard about this "15 year" line in the sand has been just word of mouth. What I have been told is that if you are a traditional guardsman, and you hit 15 years of service, if you become unfit for service, you can apply for early retirement. It is not TERA, just request to achieve your military retirement age early.

This 15 year "rule" only applies to traditional guardsman and not AGR. If you apply for and are granted early retirement, you are still required to wait until 59 1/2(ish) to start pulling the pension you have earned based on your points.

AGRs to retire early have to fall under Chapter 61 disability retirement or perform 20 years of TAFMS to get a "normal" active duty retirement. If anyone gives you an AFI reference for this line in the sand, please pass it along. Either way, as an AGR, that whole 15 year thing doesn't apply to you unless you are happy retiring as a traditional versus AGR.

Brad
 
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Guardguy11

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Retired Reserve under the provisions of 10 USC 12731b
And of course RonG has the truth data. I am sure this USC works for the Air Force as well. I wonder where they codify this to fulfill the law? Either way, it sounds like the word of mouth I have been passed is truth data.
 

RonG

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Re:This 15 year "rule" only applies to traditional guardsman and not AGR. If you apply for and are granted early retirement, you are still required to wait until 59 1/2(ish) to start pulling the pension you have earned based on your points."

And...upon attaining the age requirement they are NOT entitled to CRDP.

DoD Financial Management Regulations Volume 7B, Chapter 64

“640203. Members retired for physical disability who have less than 20 years of service creditable for the purposes of computing retired pay are not eligible for CRDP, unless they have 20 years of service for determining entitlement to non-regular (reserve) retired pay and are otherwise eligible for such reserve retired pay.”

The “otherwise eligible for such reserve retired pay” includes meeting the age requirement.

Ron
 

RaiderX

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Guardguy,

Ron and I; and Army HRC and I have been round circles with this. I had 17 years of active service with 7 years reserve time for 6808 points, and a 20 year leter. It didn't work out for me to fight HRC, so Ron was right . My best hope at this point is for CRSC if I make it to 60 then I can look at CRDP.
 
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JenRie

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Guardguy,

Ron and I; and Army HRC and I have been round circles with this. I had 17 years of active service with 7 years reserve time for 6808 points, and a 20 year leter. It didn't work out for me to fight HRC, so Ron was right . My best hope at this point is for CRSC if I make it to 60 then I can look at CRDP.
Hey Guardguy, thanks for the response. What were your total retirement points? Not total points, that's a completely different ball game. And not total AD points. But total "retire" points according to vMPF?
 

JenRie

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RonG, can you help me out with some math for the sake of argument? 60% DOD rating, 90% VA rating, 20 yrs active. High 3 3800. No dependents. What am I looking at financially? With TIS, should think CRDP eligible?
 
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