TERA / TITLE 10 / CRDP / Congress / House Committee of Veterans’ Affairs

TEE

Registered Member
#1
Greetings All,

I have 18 years of service and am undergoing a MEB. I am aware of how we get paid as a medically separated service member. I WILL only receive VA disability and NOT military retirement pay. I disagree with it, as many others in my situation would. I do NOT qualify for Concurrent Retirement Disability Pay (CRDP) NOR am I protected by Title 10 U.S. Code § 1176 Enlisted members: retention after completion of 18 or more, but less than 20, years of service. (Note: a similar section for Commissioned Officers Title 10 U.S. Code § 12646)

(a)Regular Members.— A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 3914 or 8914 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law.

However, I believe, those AF members in the same predicament as myself actually do qualify for Temporary Early Retirement Authority (TERA) referencing AFI36-3212 Section 5C—Final Disposition Processing

5.12. Options. Members whose final disposition of their disability case is separation (active duty or TDRL) or TDRL from active duty, and they have 15 to 20 years active service, will be referred to HQ AFPC/DPPR. Members who meet basic eligibility requirements for Temporary Early Retirement Authority (TERA) may apply and, if approved, be retired under TERA. ARC members found unfit for nonduty related medical conditions, if otherwise eligible, may apply for early retirement pursuant to 10 U.S.C. 12732.​

I have contacted PEBLO, Finance, Retirements, Total Force, and AFPC…all entities advised that MEB’d members cannot retire under TERA and/or that TERA is not an active AF program. When I reference the above excerpt…none can answer legitimacy. UNACCEPTABLE. Nowhere does it say, if whether the program is active or not. It just mentions being referred to HQ AFPC to verify eligibility requirements for TERA. Note; AFI36-3212 was published in 2006 and revised in 2009. Neither TERA programs were Federally recognized yet referenced in the AFI.
1993-2001 Temporary Early Retirement Authority
2012-2025 Temporary Early Retirement Authority​

Regardless on where you are at in the MEB process I strongly advocate (that you advocate for yourself), write your states’ congress members; especially those whose congress members sit on the House Committee on Veterans’ Affairs (listed below). Let them know that you feel that all medically separated members should qualify for CRDP (that is how I feel). I have contacted my congress woman who is a part of the House Committee on Veterans’ Affairs. Hope to hear from anyone with insight or additional value to the plight for Medical Separation CRDP and/or coverage under Title 10 § 1176 and § 12646.


Respectfully,
Tima Ma'o III

2017 House Committee on Veterans’ Affairs
Republicans
Rep. Phil Roe (R-TN), Chairman
Rep. Gus Bilirakis (R-FL), Vice Chair
Rep. Mike Coffman (R-CO)
Rep. Brad Wenstrup (R-OH)
Rep. Amata Radewagen (R-AS)
Rep. Mike Bost (R-IL)
Rep. Bruce Poliquin (R-ME)
Rep. Neal Dunn (R-FL)
Rep. Kilili Sablan (D-MP)
Rep. Jodey Arrington (R-TX)
Rep. Elizabeth Esty (D-CT)
Rep. John Rutherford (R-FL)
Rep. Scott Peters (D-CA)
Rep. Clay Higgins (R-LA)
Rep. Jim Banks (R-IN)
Rep. Jenniffer Gonzalez-Colon (R-PR)
Rep. Jack Bergman (R-MI)

Democrats
Rep. Tim Walz (D-MN), Ranking Member
Rep. Mark Takano (D-CA)
Rep. Julia Brownley (D-CA)
Rep. Ann Kuster (D-NH)
Rep. Beto O’Rourke (D-TX)
Rep. Kathleen Rice (D-NY)
Rep. J. Luis Correa (D-CA)
Rep. Kilili Sablan (D-MP)
Rep. Elizabeth Esty (D-CT)
Rep. Scott Peters (D-CA)
 

jeffroxcap16

Registered Member
#2
Greetings All,

I have 18 years of service and am undergoing a MEB. I am aware of how we get paid as a medically separated service member. I WILL only receive VA disability and NOT military retirement pay. I disagree with it, as many others in my situation would. I do NOT qualify for Concurrent Retirement Disability Pay (CRDP) NOR am I protected by Title 10 U.S. Code § 1176 Enlisted members: retention after completion of 18 or more, but less than 20, years of service. (Note: a similar section for Commissioned Officers Title 10 U.S. Code § 12646)

(a)Regular Members.— A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 3914 or 8914 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law.

However, I believe, those AF members in the same predicament as myself actually do qualify for Temporary Early Retirement Authority (TERA) referencing AFI36-3212 Section 5C—Final Disposition Processing

5.12. Options. Members whose final disposition of their disability case is separation (active duty or TDRL) or TDRL from active duty, and they have 15 to 20 years active service, will be referred to HQ AFPC/DPPR. Members who meet basic eligibility requirements for Temporary Early Retirement Authority (TERA) may apply and, if approved, be retired under TERA. ARC members found unfit for nonduty related medical conditions, if otherwise eligible, may apply for early retirement pursuant to 10 U.S.C. 12732.​

I have contacted PEBLO, Finance, Retirements, Total Force, and AFPC…all entities advised that MEB’d members cannot retire under TERA and/or that TERA is not an active AF program. When I reference the above excerpt…none can answer legitimacy. UNACCEPTABLE. Nowhere does it say, if whether the program is active or not. It just mentions being referred to HQ AFPC to verify eligibility requirements for TERA. Note; AFI36-3212 was published in 2006 and revised in 2009. Neither TERA programs were Federally recognized yet referenced in the AFI.

1993-2001 Temporary Early Retirement Authority​
2012-2025 Temporary Early Retirement Authority​

Regardless on where you are at in the MEB process I strongly advocate (that you advocate for yourself), write your states’ congress members; especially those whose congress members sit on the House Committee on Veterans’ Affairs (listed below). Let them know that you feel that all medically separated members should qualify for CRDP (that is how I feel). I have contacted my congress woman who is a part of the House Committee on Veterans’ Affairs. Hope to hear from anyone with insight or additional value to the plight for Medical Separation CRDP and/or coverage under Title 10 § 1176 and § 12646.


Respectfully,
Tima Ma'o III

2017 House Committee on Veterans’ Affairs
Republicans
Rep. Phil Roe (R-TN), Chairman
Rep. Gus Bilirakis (R-FL), Vice Chair
Rep. Mike Coffman (R-CO)
Rep. Brad Wenstrup (R-OH)
Rep. Amata Radewagen (R-AS)
Rep. Mike Bost (R-IL)
Rep. Bruce Poliquin (R-ME)
Rep. Neal Dunn (R-FL)
Rep. Kilili Sablan (D-MP)
Rep. Jodey Arrington (R-TX)
Rep. Elizabeth Esty (D-CT)
Rep. John Rutherford (R-FL)
Rep. Scott Peters (D-CA)
Rep. Clay Higgins (R-LA)
Rep. Jim Banks (R-IN)
Rep. Jenniffer Gonzalez-Colon (R-PR)
Rep. Jack Bergman (R-MI)

Democrats
Rep. Tim Walz (D-MN), Ranking Member
Rep. Mark Takano (D-CA)
Rep. Julia Brownley (D-CA)
Rep. Ann Kuster (D-NH)
Rep. Beto O’Rourke (D-TX)
Rep. Kathleen Rice (D-NY)
Rep. J. Luis Correa (D-CA)
Rep. Kilili Sablan (D-MP)
Rep. Elizabeth Esty (D-CT)
Rep. Scott Peters (D-CA)

I totally agree with you. I am in the same situation you are in, I have 15.5 years in the Army E8/1SG. I continue to serve and performed well to reach the rank I am in, but unfortunately my career will be cut short due to a medical condition that I acquired while serving this great nation. I understand your point trust me. In my opinion, it is not right that we “PERFORMERS” are not eligible to the TERA program while other SM that was stagnant in promotion or not selected for promotion for a number of times are eligible to early retirement and received both MILITARY RETIREMENT and VA benefits. I wished our lawmakers realized that there are servicemembers like in our situation that are or will be involuntary/medically separated due to an unforeseen illness while serving. Keep me posted and I will do the same.

V/R,
1SG Cap
 
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