PDBR UPDATE

ShadowStalker

PEB Forum Veteran
Registered Member
#1
UPDATE: Received my White Envelope
50% TDRL for 6 months then 30% Permanent Retirement.
The paperwork was signed 7April 18.
The postage stamp said 5 June 18.

I called and they said that they sent paper work to my last duty station. So they can get my last orders revoked to get my new orders.

Now I am relieved to know the decision part is over with.

Also you won't find any clues through ebenefits, Tricare portol, HRC, or Deers. I tested that theory. It all comes down to the White Envelope. I will continue to keep you posted how it all unfolds
 

ShadowStalker

PEB Forum Veteran
Registered Member
#4
I just received my PDBR results in an Email tonight. Remember, that I received my PDBR white envelope Friday. They really have kept me informed. I've been really blessed through this whole process.
Plus y'all before me who kept us updated, with your experience so we can have something to follow. Thank y'all for your service too.

Any updates on receiving the second packet from PDA, or if you can get an I'd card or update deers without orders?

I did my retirement briefs online yesterday. Just 1more thing finished.
 
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josephk

PEB Forum Veteran
Registered Member
#5
I highly doubt you could get an ID card/update deers w/o having orders. It is nice to know that the process is smooth for some people
 

Kagey

Registered Member
#6
I got my envelope on Tuesday, just got a call today (Friday) from HQDA SSO asking me for a copy of my dd214 and sep orders.
he told me that they have 120 days to process the order, then said it probably wouldn't take 30 days. then I'd get a letter with further instructions on the rest.
he did say that DFAS and the VA would be notified so hopefully DFAS will see that I've already paid back the severance pay and I wont have to fight that fight.
 

josephk

PEB Forum Veteran
Registered Member
#7
That's awesome! They seem to be moving right on along with your case. I sincerely hope you do not encounter the issue with recouping the severance
 

jdelatorre

PEB Forum Veteran
Registered Member
#8
So how does the recoupment work out. I got a big check when I got separated in 2007. I have not received any VA disability checks since 2007. In fact according to my VA paperwork. I am supposed to start receiving my VA disability check in October. Has anyone had any problems with them not tracking the balance? Figured now that I got my decision. Looking at at least 12 years of retirement backpay for an E-7 over 19 years. I’m not counting on getting anything substantial. Heck I’m still floored about the white envelope I got today
 

TDWilliams

PEB Forum Veteran
Registered Member
#9
So how does the recoupment work out. I got a big check when I got separated in 2007. I have not received any VA disability checks since 2007. In fact according to my VA paperwork. I am supposed to start receiving my VA disability check in October. Has anyone had any problems with them not tracking the balance? Figured now that I got my decision. Looking at at least 12 years of retirement backpay for an E-7 over 19 years. I’m not counting on getting anything substantial. Heck I’m still floored about the white envelope I got today

Call VA debt department and see what you owe, you will not get any back pay over 6 years, (straight from DFAS rep). 6 years is all they will award you if you are due any.
 

TDWilliams

PEB Forum Veteran
Registered Member
#11
Wait so my back retirement pay will work not go back 6 years?
It will only up to 6 years. not past.
You will be paid from the time dated on your orders for 6 years.
Example:
I was med boarded in 2007, so if my orders have that date, Will only get back til 2013. Also, you have to take into effect when you VA was more than your disability. Mine increase in 2015. So I will receive all my 6 years back pay. (Also my severance is paid in full)
 

jdelatorre

PEB Forum Veteran
Registered Member
#12
Wow. So looking at 2007 to 2013 in back retirement pay. My severance pay will be recouped by Oct 18. I have not received a dime from the va since I was awarded 30% VA disability. Seems like getting screwed again or I’m not seeing it.
 

RonG

PEB Forum Veteran
Registered Member
#14
Does dfas take out the tax on the backpay. Or do we get hit at the end of the year taxes
I am not familiar with your entire case, but here are a few comments:

1. Wages, salaries, bonuses, etc., are taxable in the year they are paid, not the year they are earned.

2. We used to apply a 20% deduction for taxes on lump sum payments when I was on active duty decades ago. I believe 25% is now used, but I have not confirmed that percentage.

3. The 25% tax rate is probably not your effective tax rate; therefore, you might receive a substantial tax refund at the end of the year.

4. With regard to the "six year barring statute." See https://www.law.cornell.edu/uscode/text/31/3702
Jason Perry would be the expert in that area.

5. CRSC will likely be a consideration for you. If you were in the Army, you can expect a CRSC processing cycle of one year or more.

6. Finally and obviously, your case is complicated and will involve coordination between DFAS, the VA, and the Army. I doubt anyone can accurately predict how long the process will take.

Good luck,
Ron
 
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jdelatorre

PEB Forum Veteran
Registered Member
#15
Thanks I was tracking the 6 year for CRSC but haven’t seen anything saying the back retirement pay was limited to 6 years. Heck I’ve been discharged since may 2007. I will try and call the VA tomorrow and see if they can steer me to where I can find out my balance. Thand original VA awarding docs said final recoupment to be 2020. But a few years ago I got another update saying after calculating the cola update my new recoup stop date would be OCt 2018. Either way they have been taking my whole VA disability since aug 2007.
 

RonG

PEB Forum Veteran
Registered Member
#16
Thanks I was tracking the 6 year for CRSC but haven’t seen anything saying the back retirement pay was limited to 6 years. Heck I’ve been discharged since may 2007. I will try and call the VA tomorrow and see if they can steer me to where I can find out my balance. Thand original VA awarding docs said final recoupment to be 2020. But a few years ago I got another update saying after calculating the cola update my new recoup stop date would be OCt 2018. Either way they have been taking my whole VA disability since aug 2007.
The six-year barring statue is not limited to CRSC; it pertains to claims against the government. Jason Perry would be a better source for info on that particular subject.

You can read about the statute at the reference and link I provided.

Ron
 

jdelatorre

PEB Forum Veteran
Registered Member
#17
Thanks for the info. Yeah no where in anything I have read about the PDBR or the retroactive pay and benifits has said anything about Retro to your separation date limited to 6 years. Either way I am happy for the retirement decision.
 

RonG

PEB Forum Veteran
Registered Member
#18
Thanks for the info. Yeah no where in anything I have read about the PDBR or the retroactive pay and benifits has said anything about Retro to your separation date limited to 6 years. Either way I am happy for the retirement decision.
I would be happy too. Congratulations!

This is from the Air Force (discussion about processing reserve retirements):

"Airmen may elect retired pay to begin on their retired pay eligibility date normally the 60th birthday or any date thereafter. There is a statute of limitation of six years on retroactive retired pay (Barring Act)."

Related:
Ref: DoD 7000.14-R Financial Management Regulation Volume 7B,
Chapter 10* April 2017
10-3
CHAPTER 10 CORRECTION OF RECORD

*100203.
Statute of Limitations
If a payment is due as a result of a correction of record, the claim for such payment accrues
on the date of the correction. A claimant has 6 years from the date of the correction of record to
claim the payment owed as a result of the correction of record.

Example: A member of the Navy is transferred to the Fleet Reserve or the
Fleet Marine Corps Reserve on May 1, 1999, with 21 years and 3 months of service.

On January 2, 2008, his or her record is corrected to show that at the time of transfer
the member had 22 years and 3 months of service. Upon correction, the member is
entitled to additional retainer pay from the date of transfer in accordance with his or
her grade and corrected number of years of creditable service. The claim for the
additional payment begins accruing on the date of the Board’s decision (January 2,
2008), not on May 1, 1999. The statute of limitation period starts from the date of
the record correction rather than from the date of transfer.

---
Ron
 
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