I have seen a lot of comments concerning Chapter 61 retirees and eligibility for concurrent receipt of VA compensation and Service based retirement based on years of service. Specifically, I have seen the argument: "How do we know that the service member really meant to serve out his 20 or had intended to get out after 4 or 6 years and really doesn't deserve retirement based pay?" I have never seen any comments pointing out that this question was settled by US Code many years ago. Specifically, any service member with eight (8) or more years of active service is considered "career designated" and is eligible for Medical Retirement with a 30% or greater Military Board rating. Those with less than eight years are "medically discharged" with a lump sum paid based on rating and years of service. The intent of this law is clear. Past eight years active duty and you are understood to be intending to serve 20 or better. I hope this clears up a lot of misunderstanding on this issue but somehow I doubt it
I'm not saying this is "right" or "fair". Just that it is the law.

Actually the law requires the PEB to designate the percentage of disability, of those liabilities that prevent the performance of their military duties, and to retire those who exceed 30%, discharge those who do not. Not all VA disabilities are considered disabling by the military rules.

quote:

Originally posted by Dave_M:
Actually the law requires the PEB to designate the percentage of disability, of those liabilities that prevent the performance of their military duties, and to retire those who exceed 30%, discharge those who do not. Not all VA disabilities are considered disabling by the military rules.

MY FRIEND

You're referring to Title 10USC Ch 61.

However, you're taking it out of context..Ch 61 simply refers to the "type" of retirement, i,e., Medical. However under the provisions of 10USC it designates a service member to be reviewed by the MEB process and then, if so meeting the standards for a PEB..then that shall follow..It is often up to the service member to decide during this process whether to take the lump sum or request a PEB hearing. The title does not specifically state that members who have served under 8 years be discharged with a severance package. Often, it is the degree of the disability that dictates whether a member be separated or..be retired. Also, you when you read references, you must correlate them with other titles such as XVIII, IV etc..

Intent..is abstract, in that, no one really knows, and such, it is addressed in a way to allow the benefit to sit in favor of the service member..How would you otherwise confront a soldier with 5 years of service, with an otherwise good service record, but wounded in war, such as Iraq, Afgan and tell him "No, sorry about you being disabled by war, but...you weren't in for 8 years, so out you go?"

The MEB/PEB process is designed to evaluate the service member and decide his fate based on the merits of his disability and circumstance.

Eres Tu!

Dave_M is the IT tech whiz kid..I'm sure he can probably find something in the CFR as well...because he's good at it and I don't do much research in the CFR at all..especially 38..and I'm almost sure there's something in there as well.

I belive all forced to retire should get CR. iF THEY HAVE ACERTIAN number of years of service.