It's my understanding that your 20 years AFS will trump any DOD percentage for why you were initiated for MEB.
First of all, if you're less than 30% DoD, you're not retired, you're separated with (or without) severance pay, i.e., lump sump payment. If you're being told you'll be TDRL, you're base rating is 50% (or higher), you would get whichever is higher, either your LOS or Ch 61 retirement (the latter being non-taxable if your retirement orders are coded properly).
I am confused. Assuming his "20 years AFS" is in fact 20 years of active duty, zero breaks, etc, or as Ron mentioned above, "20 good years", how is there any scenario where he won't be retired no matter what his DOD rating is as part of the MEB/PEB process? Any clarification will be appreciated.
Valid point, I must have missed the "20 years AFS" in my haste to respond (that and recovering from shoulder surgery isn't helping lol). OP would be retired, regardless of the outcome of IDES. My concern was "if I was awarded less than 30% for retirement". Anyway, OP would retire, with whatever their IDES rating that's combat-related being non-taxable vs the LOS retirement. Tag that with the VA and all of CRDP is non-taxable vs the retirement portion being taxed.
Mike, thanks for the clarification. The above makes sense from what I have researched. Get well soon!
They can, however, that's when the DFAS shell game kicks into play and needs to be monitored closely otherwise the veteran ends up on the losing side of things.
I do not know which law it would fall under, but it would be considered "retirement in lieu of separation", same goes for a reserve component member with 20 good years, in that case they would get their retirement at age 60 (or earlier by law)
I'd be interested to hear if anyone has gone through this scenario and what their orders state. The High 36 law has exceptions for select personnel retired under 10 USC 7314 that reduces their pension, but it doesn't apply to those retired under Chapter 61.
A very valid question, I have encountered a decent amount of folks who were reserve component that were able to opt for retirement in lieu of severance, but that was many years ago. I'll try to remember to ask my friend who is a PEBLO Supervisor and certainly would see this, unfortunately (or fortunately?), she's in Ireland on vacation LOL.
Actually, it isn't as far-fetched as one might think: a high VA rating but only 1 referred condition ending up with 10% DoD comes to mind, and if they're at 20+ years, then there you go, retirement in lieu of. Goes for both active and reserves, the key is hitting that 20-year mark, unless you're USMC then you can, if approved, retire at 15 under TERA.