Definition of "Years of Service" in pay calculations

Gomez

PEB Forum Regular Member
PEB Forum Veteran
I am confused over the term “Years of Service” used in DFAS disability pay calculations for Reserve/National Guard. Which of these is it: (a) the 27 years stated as “Basic Pay” on my retirement orders or (b) the 12 years stated as “Disability Retirement” on my retirement orders? My understanding is that (b) is my total guard retirement points divided by 365. I’m PDRL at 70% DoD, 100% VA (all combat) and over age 60. On the DFAS calculator, I must enter a figure for Years of Service, but do not know what number to enter. Would someone please define “years of service” for me? I understand that my retired pay will be limited to my length of service pay, but I don’t know how to figure my length of service pay because I don’t know what “Years of Service” means in the calculation.
 
I am confused over the term “Years of Service” used in DFAS disability pay calculations for Reserve/National Guard. Which of these is it: (a) the 27 years stated as “Basic Pay” on my retirement orders or (b) the 12 years stated as “Disability Retirement” on my retirement orders? My understanding is that (b) is my total guard retirement points divided by 365. I’m PDRL at 70% DoD, 100% VA (all combat) and over age 60. On the DFAS calculator, I must enter a figure for Years of Service, but do not know what number to enter. Would someone please define “years of service” for me? I understand that my retired pay will be limited to my length of service pay, but I don’t know how to figure my length of service pay because I don’t know what “Years of Service” means in the calculation.

Woah...your years of service are not a factor in disability retirement pay calculations. It is your percentage awarded (70%) times your retired base pay (which is based on your "High-3" calculation).

Your retirement pay is not limited to your length of service pay. It seems your assumptions overall are off.
 
Actually, it is whatever is the higher of the two. I am in the same situation. I got 40% but my 17 years x my basic pay is higher of the two and my PEBLO says I will receive that calculation instead. I also have prior reserve time before I went on active duty so on my LES, I get paid over 22 years, however, it is my understanding that they will take my reserve points and every point is one active duty day. For example in my case, I served 6 years reserves and accumulated 435 points so that equates to 435 days on active duty which should be added to my overall active duty years. I guess we'll find out when DFAS does their magic calculations. For planning purposes though, I am going with worst case scenario with DFAS calculating only my Basic Training and AIT...if it ends up higher then I will be pleasantly surprised rather than disappointed. Good luck!
 
I understand that my disability retirement pay calculation is my percentage awarded (70%) times my retired base pay. My question is referring to concurrent receipt pay calculations which use Years of Service in their pay calculations. From what I have read on this forum by maparker, it seems to me that I will not end up getting the disability retirement pay based on my 70% percentage without consideration of my years of service, but rather it will be limited to what I would have gotten from a length of service retirement based on 12 years, which would be much lower than what I would get if I was paid based on the 70% times base pay.

Here’s one of maparker’s quotes:

Many in fact have a disability retirement that is based on the DoD disability percentage that exceeds their LOS percentage. That is why CRSC and CRDP have special provisions for disability retirees that limits CRSC and CRDP to the amount earned by Length of Service. If in fact a disability retiree with a DoD disability percentage higher than their LOS percentage was able to keep the entire DoD disability retirement and the entire VA compensation I would agree this would be double dipping. But again, CRSC and CRDP have special provisions for disability retirees to prevent double dipping. As such, CRSC and CRDP only restore career compensation based on LOS rather than disability compensation based on degree of disability.

It seems to me that I will get my full VA compensation plus CRDP that will be limited to what my length of service pay would have been. If this is correct, I will not actually receive the disability retirement pay based on 70% times basic pay but rather will be limited to what my length of service pay would have been. Since I would be limited to LOS retirement, my original question was asking whether it would be based on 12 or 27 years of service.

I’m probably confused about this but am open to “being straightened out” on it.
 
Actually, it is whatever is the higher of the two. I am in the same situation. I got 40% but my 17 years x my basic pay is higher of the two and my PEBLO says I will receive that calculation instead. I also have prior reserve time before I went on active duty so on my LES, I get paid over 22 years, however, it is my understanding that they will take my reserve points and every point is one active duty day. For example in my case, I served 6 years reserves and accumulated 435 points so that equates to 435 days on active duty which should be added to my overall active duty years. I guess we'll find out when DFAS does their magic calculations. For planning purposes though, I am going with worst case scenario with DFAS calculating only my Basic Training and AIT...if it ends up higher then I will be pleasantly surprised rather than disappointed. Good luck!

You are correct that there is a method for calculating disability retirement pay based on length of service. That happens when the years x 2.5% is greater than the disability award. But this is not the situation the original poster faces (70% is greater than 2.5% times 12).

The rest of your post is correct about how to account for time (add points for reserve service to active duty time).
 
I understand that my disability retirement pay calculation is my percentage awarded (70%) times my retired base pay. My question is referring to concurrent receipt pay calculations which use Years of Service in their pay calculations. From what I have read on this forum by maparker, it seems to me that I will not end up getting the disability retirement pay based on my 70% percentage without consideration of my years of service, but rather it will be limited to what I would have gotten from a length of service retirement based on 12 years, which would be much lower than what I would get if I was paid based on the 70% times base pay.

Here’s one of maparker’s quotes:



It seems to me that I will get my full VA compensation plus CRDP that will be limited to what my length of service pay would have been. If this is correct, I will not actually receive the disability retirement pay based on 70% times basic pay but rather will be limited to what my length of service pay would have been. Since I would be limited to LOS retirement, my original question was asking whether it would be based on 12 or 27 years of service.

I’m probably confused about this but am open to “being straightened out” on it.

Okay you are asking about CRSC and/or CRDP, not retired pay calculations.

I don't know how DFAS's calculator works. But, it would seem that the 12 years is what would apply based on limitation (or "ceiling") on CRDP/CRSC. Remember you have to apply for CRSC (and it is generally the more advantageous benefit because the payments are tax free).
 
My Peblo calculated and told me I would receive my whole dod disability retirement (60% of base pay based on reserve Los retirement) as well as va comp. I am over 20 yrs and over 50% va... But it seems like I read somewhen that you can't get the amt over ur retirement based on Los and va disability at the same time. That would be receiving two disabilties. Can anyone explain this?
 
My Peblo calculated and told me I would receive my whole dod disability retirement (60% of base pay based on reserve Los retirement) as well as va comp.

Well, I don't know if PEBLO is confused or if there is miscommunication going on. There is no calculation in disability evaluation system that relies on "base pay based on reserve LOS retirement." Just does not exist in the DES. As far as getting VA comp concurrently, that would turn on receipt of CRDP or CRSC. Looking at your posts, as a reservist with more than 20 yrs and 50% VA rating, you will qualify for CRDP....at age 60 (some exceptions that would reduce that age). Not sure if you have combat related conditions, so CRSC is a maybe.
 
Thanks Jason.
So as a Chapter 61 reservist, over 50% VA, 20 year letter.....CRDP still does not happen automatically until you turn 60?
(BLUF: PEBLO states automatically)
Also as a Chap 61 reservist, when you are calculating Hi-3....do you use the active duty pay for 26+ years...OR do you use the active duty pay of 10 years (3600 ret. pts/ 360 = 10 years equiv active duty years)
All are combat...
 
Thanks Jason.
So as a Chapter 61 reservist, over 50% VA, 20 year letter.....CRDP still does not happen automatically until you turn 60?
(BLUF: PEBLO states automatically)

Right, the important point is that you would be otherwise entitled to a retirement were it not for the disability retirement- so, for most reservists, this point is age 60 (unless there is a reduction in age of eligibility based on being on orders during specified periods of time). It is "automatic" at the age you would be eligible for retirement under non-disability reasons.

Also as a Chap 61 reservist, when you are calculating Hi-3....do you use the active duty pay for 26+ years...OR do you use the active duty pay of 10 years (3600 ret. pts/ 360 = 10 years equiv active duty years)
All are combat...
Neither- or, rather, you are looking at it wrong. Look to your average of high 36 months of pay actually received, or the preceding 36 months of active duty pay you would have received had you been on active duty. (Your actual pay is based on the 26 + years now....if you were to drill or go on active duty, they would pay you as an O5 with more than 26. However, the issue is what you were actually paid or would have been paid. Sure, the years of service determines where you fall on the pay scale for your grade...the calculation is based on retired base pay, not pay as a reservist or some other formulation).
 
Jason, thanks for bearing with us....the weary NG/reservists! There is nothing my PEBLO has told me up to this point in regards to $$ that has been correct. There is simply little or no guidance to help us understand this process..outside of this forum. There is soo much misinformation provided to us by the people who are suppose to be the experts...guiding us thru this maze. (No offense to the PEBLOS on here...but I really feel like mine was reading a script in order to get me to go ahead and sign my 199). I know it has been said, but I really think it should be a prerequisite of a PEBLO to be having endured the MEB/PEB process.
I hear/read what you are saying Jason, but it is still very confusing! I am not the sharpest tool in the shed, but definitely not the dullest....but crap....can you write a "Dummies" book?? (Or is there one already??)
 
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I'm still confused about something: does the fact that a reservist has over 7200 total points for retirement offer any advantages if found unfit and forced to take a disability retirement?

I personally have 26 years of total service (so I do have my "20 year letter"). Of those, about 17.5 years are active duty (approx 6400 active duty points). I have another 1200 reserve points, although only 900 or so can be used, so my total points for retirement is about 7300 today.

I'm entering the IDES soon (my case went before a DAWG recently) and know that if ultimately found unfit (I have VA diagnosed PTSD at 30% directly related to combat) that a military rating of 0, 10 or 20% means I won't collect any kind of retirement until when I would normally collect my reserve/non-regular retirement (i.e. age 60 minus any 90 + days of deployment time after 1/28/08). However, does the fact that I have over 7200 total points change that? Does the fact that I have over 7200 total reserve points, which divided by 360 equates to 20 years mean that even if I'm found unfit at 0-20% I'lll be able to collect my disability retirment right away? Or does it not work that way? I've looked everywhere but cannot find a definitive answer. Thanks in advance. Snag41.
 
I hear the same thing from my PEBLO and others...I will get both VA and DOD at the time of medical retirement with no offset. I don't agree. I think I will choose my VA comp(which is best financially) and then I will not see anything from DOD till age 60.

If this is correct for my situation seems to me there is no advantage compensation wise for me to be medically retired compared to voluntary retirement and drawing DOD at age 60. Both the DOD medical retirement and the voluntary retirement may both draw either CRDP or CRSC..if criteria is met..at age 60.

Correct if needed.
 
snag41 did you ever get an answer?
If you take severance (below 30%) you miss out on getting ANYTHING at 60 or beyond. Most wouldn't accept severance, but would go grey area retiree so that they COULD receive ret. benefits at 60.
If the VA rates you at 30% for PTSD, the PEB should do the same.
 
The CRDP provides a 10 year phase out(January 1 2004-January 1 2014) to military retired pay due to receipt of VA disability Compensation. Qualified Individuals are:
1- Retired Active Services
2- Retired Reserves at age of 60
3- Member retired under Military Disability Provisions and must have 20 years service qualifying for Regular or Reserve Retirement ( Chapter 61 ).
 

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The CRDP provides a 10 year phase out(January 1 2004-January 1 2014) to military retired pay due to receipt of VA disability Compensation. Qualified Individuals are:
1- Retired Active Services
2- Retired Reserves at age of 60
3- Member retired under Military Disability Provisions and must have 20 years service qualifying for Regular or Reserve Retirement ( Chapter 61 ).
 

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