Reserve Medical Discharge

Rogo

Registered Member
#1
I'm a reservist with nearly 19 good years of service. I was recently diagnosed with a neurological disorder that I'm afraid will disqualify me from service less than one year from a 20 year retirement. As a traditional reservist, does anyone know if I will get sanctuary, early medical retirement or will the reserves just discharge me with no benefits after 19 years?

Rogo
 

Sullysull48

PEB Forum Veteran
Registered Member
#2
HRC states:The Sanctuary Program as defined by Title 10 of the United States Code, is a federal program for protecting military service members from being forced to leave military service when they are close to attaining active-duty retirement eligibility.

Any Reserve Soldier (including retired Reserve Soldiers recalled to active duty) on active duty (except for training), who has attained 18 years, but less than 20 years, of active service, may not be involuntarily released from active duty before the Soldier attains 20 years of active service unless the Secretary of the Army or his designee approves the release.

Eligibility:

Must NOT be an AGR or an active duty Retired Recall Soldier
Be a Reserve/National Guard Soldier on active duty (except for training)(can be Retired Reserve Recalled)
Have reached 18 years of Active Federal Service (AFS), but less than 20 years of AFS, as calculated by HRC
May NOT be on AT, ADT, or IADT orders.

Neurological Disorder is broad. See schedule rating for your condition. https://www.benefits.va.gov/warms/bookc.asp
 

Rogo

Registered Member
#3
It sounds like as a traditional reserve (not on active duty) I have no sanctuary protection and could be summarily released with 19 good years in the reserves.
 

Sullysull48

PEB Forum Veteran
Registered Member
#4
Just remember going through the MEB. You get to list all of your conditions. The key is to have documentation and how it is affecting you today.

Let the process play out.
 

RaiderX

PEB Forum Veteran
Registered Member
#5
Rogo, It takes time to get threw the full process. For me its been 18 months total between getting sent to the MEB to waiting on orders. The other consideration at this point is your number of points. 7200 is the magic number to get the active duty retirement.
 

BamBam2688

Registered Member
#6
I was medically retired on 22 March 2018 with 90% from VA and 40% from the military. My pay was estimated and my retirement account was established by DFAS. I was initially told I would draw my retirement pay eventually and the "VA Waiver" would "fall" off. It does not appear that is the case as I attained 20 years and 29 days for pay but only 18 years and 25 days for qualified years. I am in the same position, I was initially told I would draw my medical retirement pay and VA, however, now I'm being told I will not draw any military compensation until age 60.
 

Redbullspec

Registered Member
#7
I was medically retired on 22 March 2018 with 90% from VA and 40% from the military. My pay was estimated and my retirement account was established by DFAS. I was initially told I would draw my retirement pay eventually and the "VA Waiver" would "fall" off. It does not appear that is the case as I attained 20 years and 29 days for pay but only 18 years and 25 days for qualified years. I am in the same position, I was initially told I would draw my medical retirement pay and VA, however, now I'm being told I will not draw any military compensation until age 60.
Hello BamBam, May I ask why you weren't put on the PDRL or TDRL(Permanent or Temporary Disabled Retired List)? Considering you have a 40% rating from the military you should have gone through an MEB or even a PEB prior to retirement, and if the Army assigned 40% then it was definitely service related.
 

Redbullspec

Registered Member
#8
I'm a reservist with nearly 19 good years of service. I was recently diagnosed with a neurological disorder that I'm afraid will disqualify me from service less than one year from a 20 year retirement. As a traditional reservist, does anyone know if I will get sanctuary, early medical retirement or will the reserves just discharge me with no benefits after 19 years?

Rogo
Hello Rogo, You will receive some kind of benefit as long as you have 15 good years. The TERA, (Temporary Early Retirement Authority) does extend to reserve soldiers as long as they are being separated involuntarily and honorably. However, when you submit this diagnosis to your unit, that will be day zero of a lengthy process that may actually keep you in service past your 20 years. Additionally, since you were diagnosed with this disorder recently, take a look and see if its by chance related to your service.
 

BamBam2688

Registered Member
#9
Hi Redbull, I believe I was put on the PDRL. I was told throughout that process I was eligible for retirement pay and VA, however, Sheniqua at DFAS told me I would not be receiving any because I did not receive my 20 year letter.

"THE BOARD FINDS THE SOLDIER IS PHYSICALLY UNFIT AND RECOMMENDS A RATING OF 40% AND THAT THE SOLDIER'S DISPOSITION BE PERMANENT DISABILITY RETIREMENT."

I apologize for hijacking your post Rogo, I can move this but I'm hoping it helps with your question as well.

Thank you your response Redbull.
 

BamBam2688

Registered Member
#12
It was an MEB Redbull. 23 months short ChaplainCharlie, I certainly should have...hopefully a lesson someone else can benefit from since it appears to be too late for me.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top