Hello all. I have a fairly complicated situation, that has given rise to many questions on my part. To start off, I was regular active duty for 8+ years, went into the reserves for a year and a half or so, then came back into regular active duty under the CG's Temporary Separation program. While I was in the reserves, I was promoted to O-4, but once I swore back in as a regular, I had to revert to O-3. Also, when I left active duty the first time, I submitted a claim to the VA and was rated at 40%, 10% of which was due to depression. Now that I've set the stage, I have two questions, with the assumption that I'm found unfit and get severance, vice retirement.
1) After my VA claim was done, my depression was rediagnosed as bipolar disorder, and that is the condition for which I am being boarded. Under the law that you can recoup the tax taken out of your severance pay if you are rated by the VA for the same condition for which you have been separated, will I have any trouble doing so based on my VA rating for depression, despite the fact that I am being boarded for the related illness of bipolar disorder?
2) Second question is concerning whether I would get severance as an O-4 or as an O-3. The CG manual simply states that you get severance pay based upon your pay grade on your separation orders. After reading the actual U.S. Code, however, I think I should be given severance based upon the highest rank I held, assuming I held it satisfactorily. I was an O-4 from 1 July until 6 November, and never received any kind of negative feedback that would indicate that I served in that paygrade unsatisfactorily.
An ancillary question to these two is from whom, when, and how do I get legal help with these issues? The CG policy is that a CG JAG attorney isn't made available to me until after the IPEB renders its decision. I think that if I could consult with an attorney beforehand, we might be able to frontload or prepare the admin and pay systems so that I don't have to fight with the CG to get my taxes back and be paid severance at the appropriate paygrade.
I apologize for the marathon post, but hopefully someone can help me!
1) After my VA claim was done, my depression was rediagnosed as bipolar disorder, and that is the condition for which I am being boarded. Under the law that you can recoup the tax taken out of your severance pay if you are rated by the VA for the same condition for which you have been separated, will I have any trouble doing so based on my VA rating for depression, despite the fact that I am being boarded for the related illness of bipolar disorder?
2) Second question is concerning whether I would get severance as an O-4 or as an O-3. The CG manual simply states that you get severance pay based upon your pay grade on your separation orders. After reading the actual U.S. Code, however, I think I should be given severance based upon the highest rank I held, assuming I held it satisfactorily. I was an O-4 from 1 July until 6 November, and never received any kind of negative feedback that would indicate that I served in that paygrade unsatisfactorily.
An ancillary question to these two is from whom, when, and how do I get legal help with these issues? The CG policy is that a CG JAG attorney isn't made available to me until after the IPEB renders its decision. I think that if I could consult with an attorney beforehand, we might be able to frontload or prepare the admin and pay systems so that I don't have to fight with the CG to get my taxes back and be paid severance at the appropriate paygrade.
I apologize for the marathon post, but hopefully someone can help me!
