Reserve Medical Retirement

[Hair Warrior]

Asking for a friend: Anyone know how the Reserve Medical Retirement process works? If you have less than 20 years and get sent to a med board, what possible outcomes are there? Do you have to have a minimum number of qualifying years of service to be eligible? Does “service-connected-ness” of medical conditions play into it at all? How does the pension formula work for medical retirements compared to normal reserve retirements?

 

[Flash]

Asking for a friend: Anyone know how the Reserve Medical Retirement process works? If you have less than 20 years and get sent to a med board, what possible outcomes are there? Do you have to have a minimum number of qualifying years of service to be eligible? Does “service-connected-ness” of medical conditions play into it at all? How does the pension formula work for medical retirements compared to normal reserve retirements?

As a reservist you have to have at least 15 years or more of (creditable) service to retire from the reserves after being found to not be physically able to still be in the reserves, but you don't get medical retirement. You either take severance or just transfer to the Retired Reserve and get your retirement like you would if you did 20 or more years. From what I can find, you have to get to 20 years to get a disability retirement in the reserves.

Here is a US Army link to what the options are when it comes to disability severance pay in the reserves, with the relevant part about 15 years. All of this is based in law and not service based so would not be any different in the Navy Reserve:

• Under the provisions of 10 USC 12731b, a soldier of the Selected Reserve who has 15 qualifying years towards non-regular retirement and who no longer meets the qualifications for membership in the Selected Reserve solely because the soldier is unfit because of physical disability may elect transfer to the Retired Reserve in lieu of accepting the disability severance pay. The soldier forfeits their eligibility for non-regular retirement if they accept the disability severance pay.

 

[Hair Warrior]

Thank you. This helps. Sounds like any med board before 15 years would be extremely bad news for someone who wants to stay in. My friend is in the window of 15-20 but wants to reach 20 (or more).

 

[Gatordev]

I know this doesn't apply to your question, but for others interested, it's much more of a screw job on the active side. I had an E-6 that was injured to the point where he was separated. He was over 15 but hadn't reached sanctuary of 18, so out he goes. I'm assuming he eventually got 100% disability, but given his injury was in the line of duty and not because of anything he did wrong, it sucked he got treated that way.

 

[taxi1]

Thank you. This helps. Sounds like any med board before 15 years would be extremely bad news for someone who wants to stay in. My friend is in the window of 15-20 but wants to reach 20 (or more).

Is his problem service connected?

 

[Hair Warrior]

Is his problem service connected?

Negative

 

[taxi1]

Negative

So I read it as if found medically permanently NPQ they can do a normal retirement now since they are past 15 good years of service (make sure on that) like a typical reservist at 20 years, entering the grey zone until he (or she) hits 60 years of age and collects their retirement.

Hope your friend can stay in.

 

[Flash]

Thank you. This helps. Sounds like any med board before 15 years would be extremely bad news for someone who wants to stay in. My friend is in the window of 15-20 but wants to reach 20 (or more).

So I read it as if found medically permanently NPQ they can do a normal retirement now since they are past 15 good years of service (make sure on that) like a typical reservist at 20 years, entering the grey zone until he (or she) hits 60 years of age and collects their retirement.

That is exactly what the law says, if they have 15 good years in the reserves they can retire just like a regular reservist can at 20 years or over. So if they want to serve it is unfortunate but they get to keep their retirement even if they don't hit 20 which is really nice.

I know this doesn't apply to your question, but for others interested, it's much more of a screw job on the active side. I had an E-6 that was injured to the point where he was separated. He was over 15 but hadn't reached sanctuary of 18, so out he goes. I'm assuming he eventually got 100% disability, but given his injury was in the line of duty and not because of anything he did wrong, it sucked he got treated that way.

Was he a reservist or active duty (TAR)? Either way if he was rated over 30% disabled (by the military, not the VA) he should have rated a retirement and got screwed. A good buddy of mine from school was close to getting just a medical discharge from the Army, not retirement, and since he is the happy go lucky type who doesn't want to make waves he was going along with what the Army was trying to do until his dad (retired NG Colonel) knocked some sense into him and he got medically retired after being rated 70% disabled by the Army.

 

[taxi1]

That is exactly what the law says, if they have 15 good years in the reserves they can retire just like a regular reservist can at 20 years or over. So if they want to serve it is unfortunate but they get to keep their retirement even if they don't hit 20 which is really nice.

One niggling point...the law says that the service secretary may blah, blah blah. The option is there. So I spent a minute looking for a Navy instruction that converted that may into a will or a shall. Didn't see it. I assume it is the policy of the Navy, though.

 

[Flash]

One niggling point...the law says that the service secretary may blah, blah blah. The option is there. So I spent a minute looking for a Navy instruction that converted that may into a will or a shall. Didn't see it. I assume it is the policy of the Navy, though.

(b) Notification under subsection (a) may not be made if—

(1) the disability was the result of the member's intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or
(2) the disability was incurred during a period of unauthorized absence.

 

[taxi1]

2021 US Code :: Title 10 - Armed Forces :: Subtitle E - Reserve Components :: Part II - Personnel Generally :: Chapter 1223 - Retired Pay for Non-Regular Service :: Sec. 12731b - Special rule for members with physical disabilities not incurred in lin

Special rule for members with physical disabilities not incurred in line of duty - 10 US Code Section 12731b (2021)

law.justia.com

the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section

Any time I see "may" I mentally throw in a "or may not".

 

[Flash]

Any time I see "may" I mentally throw in a "or may not".

The section I posted covers the 'may not'.

 

[taxi1]

Where's the JAG when you need him...

 

[Hair Warrior]

Probably busy flying Tomcats (just not at night)

 

[JTS11]

Where's the JAG when you need him...

View attachment 40238

I think you go with her, despite being of lesser rank. She's got an expert rifle badge. Harmon Rabb probably shoots with his sights backwards. 😆