Comptroller decision on reserve disability please read and interpret.

Bartelljjw

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So this opinion by the US Comptroller seems to state that if in the line of duty a medical retirement does result in an active duty retirement. With 20 good years letter I think I should be entitled to CDRP as I am 100% VA and DoD. Would someone please read and interpret? Summary is on the last paragraph of page 811 (the whole read is about four pages).

Decisions of the Comptroller General of the United States
 

RonG

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The comptroller decision was issued long before the advent of CRDP, circa 2003. The laws associated with CRDP determine eligibility for CRDP.

In accordance with current law:

DoD Financial Management Regulations Volume 7B, Chapter 64
CRDP <----Link

“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.

This is an old issue I have seen dozens of times.

You can appeal your CRDP situation with DFAS Retired Pay.


You could contact the Director, Retired Pay if you feel it is warranted.

Defense Finance and Accounting Service
U.S. Military Retired Pay
Attn: Director Roland Wadge
8899 E 56th Street
Indianapolis, IN 46249-1200

Fax
Please include your full name, daytime phone number, social security number and signature on all written correspondence.
Fax Retired Pay: 800-469-6559

Ron
 

RonG

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Addendum:

"(3)Chapter 61 disability retirees retiring with less than 20 years of service.Veterans who receive disability retired pay under 10 U.S.C. Chapter 61 with less than 20 years of creditable service are not eligible for concurrent receipt. "

38 CFR § 3.750 - Entitlement to concurrent receipt of military retired pay and disability compensation.
Cornell Law <---Link

Ron
 

Bartelljjw

PEB Forum Regular Member
Registered Member
Yes I have been through the ringer with DFAS. I actually was drawing CRDP for over a year and a half when they came back and said they made a mistake and I owed them over 42,000 in overpayments. I was a reservist with 20 good years. I understand this was long before CRDP but it is very interesting this legal opinion states an active duty pension doe exist for reservists...and thus would technically more CRDP in the box. Your right about the path though...I am actually going through my congressional rep and requesting another audit and if that fails take DFAS to federal court to try and get their move reversed...additionally my retirement code is an active duty code as I was returned to active duty and thus also rate "constructive service" for my five years in the reserves. Thank you for your comment.
 

RonG

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Please let us know how this turns out.

I remember that one similar case involved a Congressional inquiry (he wrote to his senator) that ended with no change...no pay.

However, I wrote many of the replies to those type inquiries decades ago while in the Army finance corps.

The process then:
--Command receives inquiry
--Command contacts finance officer
--Finance officer tasks a SME to investigate the validity of "complaint"
--SME investigates matter and writes proposed reply
--Finance officer responds...

None of the cases I saw resulted in additional pay, etc. However, that is a limited population upon which to form a conclusion.

Ron
 

Bartelljjw

PEB Forum Regular Member
Registered Member
Thank you!!! I do have the same opinion as you though it will be a long shot at best but at least I will know and can pass on any info regardless of the outcome thank you!!
 

RonG

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Re: “20 good years”

I would like to empathize that those with a reserve 20-year letter, are rated => 50% by the VA, and meet the age requirement for reserve retirement ARE eligible for CRDP. A repeat of what I posted earlier:

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.

This is more for clarification for future visitors since you are likely aware of the provision cited.

Ron
 
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