Retirement Point "fuzzy math"

FloridaInjuredInCombat

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I was surprised to see that my retirement orders had my credited service as calculated by my Guard retirement points at 9 years 9 months. Hmmm say I, I had just over 3600 points in early 2013, and did a year of drills and AT after that. Easy math says 3600 divided by 360 is 10 years flat, which is what was stated on my first IPEB findings.

So last week I went down to the armory and had the current and the 2013 statements printed out, as well as one from 2011. The 2011 and 2013 statements jive, but the current one is done in an entirely different way, split at different spots, and three pages of numbers long, it also shows only 3550 in retirement points, though it put my TIS at 14 credible years instead of the 13 years 8 months it actually is. That means nothing for the pay calculations as they are based off points if you don't have 15 or 20 good years.

So as I sat down this weekend to do my own audit of where the hell they came up with so much less, low and behold I ran across a 2014 points statement that was included in the MEB findings paperwork sent to me a year ago, and in that one I have just over 3700 points, which jives with the 2011 and 2013 statements.

I will continue the audit and try and figure out how and why they stole and I do mean STOLE, just over 150 retirement points from me, that's 5 months service time using the 360 for a year rule. It figures out to about $40 missing each month from my CRSC/retirement pay, and over time that really adds up.

I will address this with both the PEBLO and the Unit Command, as well as the contact info included with the retirement orders. If I hadn't already had a pretty good idea of what I was due, I probably would not have caught their shenanigans.

When will they stop trying to steal from injured and wounded Soldiers, is that too much to ask?

Appalled but not really surprised, we fight on...
 

K6000

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Quick question. If you have points that calculate for, lets say 9 active years, but have a 15 year letter, how does this change things?
 

FloridaInjuredInCombat

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Since I'm not falling under the 15 year "gray area retiree" rule, I'm not a 100%. But I believe if you are being medically discharged due to a disability (and someone correct me if I'm wrong) and that disability is NOT service connected, but you have 15 good years, you could on a case by case basis be allowed a NOE - Notice of Eligibility aka. 15 year letter (like a 20 year letter) that lets you at the age of 60 qualify for Non-Regular Retirement (Reserve Retirement).

Here's a website I found that explains it a bit;
http://www.military.com/benefits/veteran-benefits/guard-reserve-soldiers-and-reduced-age-retirement.html

I've also read up on a service connected (LOD) medical separation (for those who's combined DOD rating is UNDER 30%) and medical retirement (for those who's combined DOD rating is 30% or higher).

From what I understand, and again not 100% certain on this, if you are medically separated (DOD ratings for an LOD Unfitting Condition UNDER 30%) you will be given Separation Pay, but that will probably prevent you from drawing retirement later on. Don't know if the 15 year option has any effect on that.

See United States Code, Title 10, Sections 1201 to 1205, for what each Chapter 61 discharge entails, the four listed I believe are 1201 (AD medically retired PDRL), 1202 (AD medically retired TDRL), 1203 (AD medically separated), 1204 (RC medically retired PDRL) and 1205 (RC medically retired TDRL).

Each section outlines what it takes to qualify and refers to which pay calculation is used for compensation. You can really get in the weeds on it, but the laws themselves are the purest source of what you are actually due or not due in each circumstance.

In my case I am being medically retired PDRL as a RC Soldier, which falls under 1204.
1204 and 1201 (AD medically retired PDRL) refer to the same section 1401. No where in 1401 does it say I will have to wait until I'm 60 to draw retirement pay.

Normal RC Retirement falls under Section 1223, which does have the age requirement of being 60 to draw any retirement. The normal RC pay is based on both age and service requirements under section 12731.

The important thing to remember is that RC medical retirement under 1204 and paid under 1401, has nothing to do with normal RC retirement under 1223 and paid under 12731, or vice versa. Meaning (as I read the provisions of the law) if you are medically retired as a RC Soldier (DOD combined rating of 30% or higher for an LOD/service connected disability) you "should" be allowed to draw retirement pay and CRSC upon discharge, not age 60, providing that you qualify for CRSC (without CRSC, your VA benefits would most likely be higher than your military retirement and unless it's combat related you couldn't draw both).

As for RC medical retirees coverage by Tricare, from what I could gather, once you've got Chapter 61 (medical retirement) listed in DEERS, you and your dependents "should" automatically qualify for Tricare Standard upon discharge, and you can elect Tricare Prime after that happens providing you are in a Tricare Prime covered area.

Again, this is the best Intel I have on it by reading over the regulations and from other sources, but I can't say it for 100% certainty until I'm completely through the system and have the final proof in the form of health insurance and a military retirement/CRSC check each month.

It's that 5% of uncertainty until it's over along with the pain and stress of the injury itself that keeps me away at 1 am to post this reply :)
 
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scoutCC

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Timelines are surprisingly easy to mess up. At the career counselor course we spent 2 weeks just on the timeline math and it had the highest failure rate. More people got sent home from that instruction set than all the other put together. When reenlisting Soldiers it was very unusual for someone with reserve time to not have a messed up timeline for service. The best example I had got a Soldier 20k in backpay because they had a messed up timeline.

I am very certain chapter 61 (disability retirement) gives you TRICARE. FIIC has been screwed over by the guard at many different turns, so he's very understandably skeptical. If you are offered disability retirement and don't get TRICARE, someone messed up.

The 15 year letter gives you a retirement option if they offer you severance, i.e. unfit conditions are less than 30%. If TRICARE is important, it is likely a better option than severance. Some people like the severance check better than TRICARE, or will rely on VA for healthcare, so this isn't 100%, but the 15 year letter is good. 15 year letter won't give you CRDP, like the 20 year letter will, which isn't great. If you are offered disability retirement, it is generally a better deal than severance, but disability retirement is generally better, because TRICARE is cheaper than as a reserve retiree.
 

FloridaInjuredInCombat

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Timelines are surprisingly easy to mess up. At the career counselor course we spent 2 weeks just on the timeline math and it had the highest failure rate. More people got sent home from that instruction set than all the other put together. When reenlisting Soldiers it was very unusual for someone with reserve time to not have a messed up timeline for service. The best example I had got a Soldier 20k in backpay because they had a messed up timeline.

I am very certain chapter 61 (disability retirement) gives you TRICARE. FIIC has been screwed over by the guard at many different turns, so he's very understandably skeptical. If you are offered disability retirement and don't get TRICARE, someone messed up.

The 15 year letter gives you a retirement option if they offer you severance, i.e. unfit conditions are less than 30%. If TRICARE is important, it is likely a better option than severance. Some people like the severance check better than TRICARE, or will rely on VA for healthcare, so this isn't 100%, but the 15 year letter is good. 15 year letter won't give you CRDP, like the 20 year letter will, which isn't great. If you are offered disability retirement, it is generally a better deal than severance, but disability retirement is generally better, because TRICARE is cheaper than as a reserve retiree.
Thank you ScoutCC for the clarification(s).
What's the best way for me to get the points error(s) addressed and corrected?
Thanks
 

mb2025

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You need to go to finance and have them do a CMS case to DFAS and have them recalculate. If DFAS is wrong you need to provide them proof. Do this before retire.
 

FloridaInjuredInCombat

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You need to go to finance and have them do a CMS case to DFAS and have them recalculate. If DFAS is wrong you need to provide them proof. Do this before retire.
As a Guardsman we don't have a base finance office, any idea who at State would handle such things?

Two years ago I had a hell of a time just getting DFAS and my unit to change my state of residency, it took months of running in circles with the unit telling me that DFAS did it, and DFAS saying that the unit needed to submit the change. Neither really helping until I finally filed a compliant with the IRS and that got the unit to do their job.

When you say proof, I have my DD214's, and orders for schools etc.., but I don't have LES's that date back to the early 1980's. Is the fact I have three past annual points statements, 2011, 2013, 2014 that all have higher points VERIFIED than the jacked up 2015 final statement has?

What looks to be another protracted battle I will be forced to fight.
Thanks for the help.
 
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