The Temporary and Permanent Disability Retirement Lists

You’ve finally made it through the maze of the medical board journey, your branch of service has given you a disability rating, and you are about to be medically retired.  What in the world does all of that mean?  Here is the skinny on the disability retirement lists.  This will be a long article so please read it carefully.

 

What are they?

These are essentially active duty retirements (even if you are a reservist) with benefits starting right away.  You do not have to wait until sixty like the usual reserve retirement.  The Temporary Disability Retired List (TDRL) and the Permanent Disability Retired List (PDRL) are statuses given to service members who have long-term medical disabilities and are no longer able to perform their military duties as a result.  These service members also have a combined disability rating (see my article on medical boards, “Beware the IDES of Medical Boards…?” for an explanation on how this works.  I’ll include a link in the notes below.

 

Eligibility

If your injuries are long-term and you have a disability rating from your branch of service of at least 30% then you can be placed on the permanent disability retired list (PDRL).  If you have a possibility of recovering from your injuries within a certain amount of time, usually three years or less, then you can be placed on the temporary disability retired list (TDRL).

 

Service members on the TDRL will be on the list for a maximum of three years and will have their conditions reevaluated at least every eighteen months.  If you have recovered sufficiently then you will be removed from the list and returned to service.  If you have not recovered (more likely) then you can either be offered a severance package or transferred to the PDRL.

 

Benefits

For members on the TDRL, the minimum amount of retired pay is fifty percent of active duty base pay (even if your branch of service’s disability rating is lower than that) up to a maximum of seventy-five percent (even if your branch of service’s disability rating is higher than that).  Keep in mind that your final rating from your branch of service (BOS) can go down when you are reevaluated.  This downgrade can result in severance if your rating goes below thirty percent.  If you are transferred to the PDRL then your rate of pay will be based on your final disability rating (determined upon reevaluation).

 

Members on the PDRL will receive retired pay based on their active duty base pay and their final disability rating.

 

A benefit often more valuable than the amount of retired pay is Tricare health care benefits.  Tricare is available not only for the service member but also his spouse and dependent children.  Make sure they are registered in the Defense Enrollment Eligibility Reporting System (DEERS) – the same database used to determine which ID card you receive – since this is what is referenced by Tricare whenever you try to use your health benefits.  I usually tell people that Tricare is easily worth at least $1,000 per month in value.

Service members on either of these retirement lists are eligible for a blue (retired) ID card.  Their dependents are eligible for tan cards.  These cards allow you to use all of the on-post (and off-post) benefits received by any other military retiree (such as discounts at civilian businesses).  Be sure to take your disability order with you when you show up to get new cards for everyone.

 

You should get the cards around a week or so from your orders’ effective date.  You can do it within a week after this date, as well.  Don’t wait any longer than this, though, or you may have problems with DEERS.  Be sure the DEERS operator lists you as a retiree (not a reserve retiree) when he updates your record.

 

Applying for Pay

I recommend getting the help of a retirement services officer (RSO) for this part of things.  While the pay application can appear simple at first, there are many areas where mistakes can be made.  Errors on the application can delay the start of your benefits (until they are fixed).  An RSO will know how to do everything correctly.

 

Use DD Form 2656 to apply for retired pay.  Other than a few supporting documents, you will not need to complete any other forms (they just have the same information as the DD 2656 anyway).

 

The supporting documents for most people on the PDRL or TDRL are just the disability order (the one with your rating on it not your discharge from your branch of service) and your final retirement points statement. I’ll include an example from the Army in the notes below.  Expect about two months from the time the application is sent to the Defense Finance and Accounting Service (DFAS) for pay to begin.

 

If you have a twenty-year letter, it is a good idea to include that letter and your reserve component survivor benefit plan election, as well.  Don’t worry. You’ll get back pay from the effective date of your disability order to the present. You won’t lose any money.

 

How VA Compensation Affects Pay

Just like any other type of military pay, compensation from the Veterans Administration will offset – dollar for dollar – anything you get from the military.  There is a thing called Concurrent Retired and Disability Pay  (often simply called concurrent receipt) – or CRDP for short – which allows for this offset not to happen if you have at least a 50% rating from the VA, but this does not apply for medical retirements.  There is also a type of pay called combat-related special compensation which makes up for some or all of the VA offset.  You might be eligible for both of these but can only receive one or the other.

 

Concurrent Retired and Disability Pay (CRDP)

I just said you can’t get CRDP if you have a medical retirement, but you can choose to get this if you have twenty years of qualifying service and you have reached your retired pay eligibility date (RPED).  Your RPED is usually age sixty, but can be earlier if you have qualifying active duty service.  Talk to an RSO to see if this applies to you.  I will go deeper into the CRDP topic in next week’s article.

 

Combat-Related Special Compensation (CRSC)

CRSC sounds very similar to CRDP (probably because they both have CR in the acronym) and people very often get them confused.  Even retirement services officers and your physical evaluation board liaison officer (PEBLO) can get the facts jumbled in their minds.

 

CRSC is a type of pay for people with combat-related injuries which makes up for part (or all) of the offset between retired pay and VA compensation.  This pay does not happen automatically.  There is a separate application packet which needs to be sent to your branch of service in order to receive it.  First, though, you need to have retired pay which is being reduced by VA compensation (so be sure to apply for pay with an RSO’s assistance).  I will cover the specifics of CRSC in two weeks (after I have talked about concurrent receipt in more detail).

 

Hopefully, this was a useful article.  I don’t want to get too deep in the weeds or it might end up being more of a mind bender than it needs to be.  If I missed anything or you are confused about something, please drop a comment for me and I will answer any problems you might have.

 

Be sure to subscribe to my YouTube channel and podcast for updates on future posts.

 

Thanks for joining me today and, of course, thank you for your service.

 

D.J.

 

References:
TDRL Order Example

Related YouTube Episodes:
Change of Plans: New Series on Medical Retirement
I’m Medically Unfit for Retention. Now What?
Beware the IDES of Medical Boards…?
“Jackpot! I’ve Been Offered a HUGE Severance Payment.”  DJ says, “Don’t Take It.”
Interview With a PEBLO


Related Podcast Episodes
:
Change of Plans: New Series on Medical Retirement
I’m Medically Unfit for Retention. Now What?
Beware the IDES of Medical Boards…?

“Jackpot! I’ve Been Offered a HUGE Severance Payment.”  DJ says, “Don’t Take It.”
Interview With a PEBLO
Related Articles:
I’m Medically Unfit for Retention. Now What?
Beware the IDES of Medical Boards…?
“Jackpot! I’ve Been Offered a HUGE Severance Payment.”  DJ says, “Don’t Take It.”


Podcast Episode 0042 – The Temporary and Permanent Disability Retirement Lists

 

References:
TDRL Order Example

Related YouTube Episodes:
Change of Plans: New Series on Medical Retirement
I’m Medically Unfit for Retention. Now What?
Beware the IDES of Medical Boards…?
“Jackpot! I’ve Been Offered a HUGE Severance Payment.”  DJ says, “Don’t Take It.”
Interview With a PEBLO


Related Podcast Episodes
:
Change of Plans: New Series on Medical Retirement
I’m Medically Unfit for Retention. Now What?
Beware the IDES of Medical Boards…?

“Jackpot! I’ve Been Offered a HUGE Severance Payment.”  DJ says, “Don’t Take It.”
Interview With a PEBLO
Related Articles:
I’m Medically Unfit for Retention. Now What?
Beware the IDES of Medical Boards…?
“Jackpot! I’ve Been Offered a HUGE Severance Payment.”  DJ says, “Don’t Take It.”


YouTube Episode 0044 – The Temporary and Permanent Disability Retirement Lists


Types of Qualifying Active Duty for Reduced Retirement Age

Here is a list of the types of active duty service that qualify for reduced retirement age.  This is a direct copy from National Guard implementation guidance so there are a lot of funky acronyms.  If they’re not already defined in the table, I’ll define them at the end of the table.

 

Statute Limitations Factors/Examples
10 USC 12301

*Full

Mobilization

 

Declared by Congress:

·         In time of war or national emergency

·         No limit on number of Soldiers called up

Includes Selective Service in addition to the full mobilization of all Active Component (AC) and Reserve Component (RC) members

 

10 USC 12302

*Partial Mobilization

 

Declared by the President:

·         In time of national emergency

·         No more than 1,000,000 called up

·         No more than 24 months

 

The national emergency is declared in an Executive Order.  The 24-month period is tied to the Executive Order.  Any campaign tied to the EXORD counts towards the 24-month period

·         Example: Executive Order 13223, dated 14 Sep 01 (ties Operation Noble Eagle, Operation Enduring Freedom and Operation Iraqi Freedom together)

10 USC 12304

*Presidential Reserve Call-up (PRC)

 

Determined by the President:

·         Augmented the AD for operational missions

·         No more than 200,000 called up

·         No more than 365 days (12 months)

 

Generally used for operations with ‘boots on the ground for no more than 179 days

·         Example: KFOR, SFOR, etc

A Soldier can only participate one time in a “named” campaign under PRC.  A Soldier can participate in many PRCs as long as the official campaign name is different each time

 

10 USC 12301(d)

Any volunteers for Active Duty

 

Headquarters, Department of the Army (HQDA)and Assistant Secretary of the Army, Manpower and Reserve Affairs (ASA M&RA) may order to AD any member who:

·         Volunteers (i.e. must have member’s consent)

·         With the consent of the Governor or appropriate authority (i.e. The  Adjutant General [TAG])

Examples: Contingency Operation-AD for Operation Support (CO-ADOSs), ADOSs, Medical Retention Processing Unit, Uniform Code of Military Justice (UCMJ) violators waiting processing in some cases

 

10 USC  12301 (h) If a member is wounded or otherwise injured or becomes ill while serving on AD pursuant to an original call or order to AD under section 688, 12301 (a), 12302, 12304, 12305, 12406, and chapter 15 (insurrection), or under section 12301 (d) of Title 10 USC and is subsequently ordered to AD under section 12301 (h) (1) of this title. ·         Example: WTU medical care for the wound, injury or illness

·         Each day of AD under that order shall be treated as a continuation of the original call or order to AD

 

32 USC, 502 (f)

 

 

Called to Active Service by a governor and authorized by the President or the Secretary of Defense:

·         In time of national emergency declared by the President  or

·         National emergency supported by Federal Funds

·         AGR Service under T32 502(f) is not applicable towards reduced age retirement

 

Time not applicable towards reduced age retirement under sect. 647 of NDAA 2008: Soldiers attending service school under 502 (f)

 

Examples:

·         Secure U.S. airports from terrorists

·         Assist in the aftermath of hurricane Katrina

·         Assist Department of Homeland Security in securing Southwest borders  of the United States

·         Support National Special Security Events as designated by the Department of Homeland Security such as Summer Olympics, G8 Summit

 

 

Acronym definitions:
AC – Active Component
AD – Active Duty
CO-ADOS – Contingency Operations Active Duty for Operational Support
EXORD – Executive Order
KFOR – Kosovo Force (a peacekeeping deployment in Kosovo)
NDAA – National Defense Authorization Act
RC – Reserve Component
SFOR – Stabilization Force (a peacekeeping deployment in Bosnia and Herzegovina)
T10 – Title 10 of United States Code (active duty and reserve law)
T32 – Title 32 of United States Code (National Guard law)
USC – United States Code (Federal law)
WTU – Warrior Transition Unit (a medical holding unit for injured service members)

 

Related YouTube Episodes:
The Basics of Reserve Retirement

Related Articles:
So, What is This Reduced Retirement Age Thing Anyway? – Part 1
So, What is This Reduced Retirement Age Thing Anyway? – Part 2


So, What is This Reduced Retirement Age Thing Anyway? – Part 2

I recommend reading Part 1 before reading this article.

 

How do I prove I am eligible for reduced retirement age?

This is where a bit of record keeping is required.  As I’ve said before, don’t expect your branch of service to do this for you.  While they may have a complete record of the documents required to prove your eligibility, not all services are as fastidious about maintaining records as they should be.  You will need your active duty orders, all amendments to them, your release from active duty order (not required, but helpful), and your DD Form 214.  If you have multiple periods of active duty, like two or more deployments or other multiple qualifying tours of active duty, you will need to have these same documents for each active duty period.

 

You do not need to send these documents to anyone until you are applying for your retired pay.  It’s best to complete this application and send it to your branch of service at least six months before you are eligible (they are going to verify your eligibility before sending the packet to finance).  Your retirement services officer can assist you with this application.

 

That begs the question, of course, of when you are eligible.  If you are in the Army National Guard, you can find your eligibility date on your retirement points statement.  It can be found on the top right hand corner of your statement and is called the RPED (Retired Pay Eligibility Date).  If this date is your sixtieth birthday or is not as earlier as you believe it should be, you should contact the Retirement Points Accounting Manager (RPAM) for your state.  If you are a member of a different reserve component, you should contact a retirement services officer for assistance in computing your eligibility date.

 

I deployed to Iraq in 2006 while I was in the Regular Army.  Will this service count for reduced retirement age?

The short answer is no.  There are two strikes against this deployment.  One, it was prior to the reduced retirement age law; two, it was while you were in an active duty component.  Either one of these facts will make the deployment ineligible for reduced retirement age.  The law only applies to reserve component members and even then it only applies to qualifying active duty on or after 29 January 2008.

 

Great! I am a reservist and I have qualifying service.  I can get my retirement six months earlier than sixty.  What about Tricare medical coverage?

Here is the “bummer” factor of the reduced retirement age law.  Even though you can get your retired pay earlier than sixty, Tricare coverage for you and your family members will not start until your sixtieth birthday.  The only exception to this would be if you have purchased one of the premium-based forms of Tricare such as Tricare Reserve Select or Tricare Retired Reserve.  Again, consult a retirement services officer for more information about Tricare.

 

I am an AGR (Active Guard / Reserve) soldier.  Does my AGR service count for reduced retirement age?

Once again, there is a strike against this type of active duty.  AGR service is considered the same as being in a regular component and does not count for reduced retirement age.  However, if you have a qualifying deployment or other type of active duty during that time and end up not being able to retire as an AGR, you will qualify for reduced retirement age if you are also eligible for a reserve retirement.

 

I am serving on a Temporary Tour of Active Duty (TTAD) / Active Duty for Operation Support (ADOS) / Active Duty for Special Work (ADSW) order.  Does my service count?

This one is tricky.  Eligibility in this case is entirely dependent on how your orders are worded.  In most cases, this type of active duty does not qualify.  However, to be sure, consult with a retirement services officer.  He will be able to tell you whether or not the service qualifies.

 

I don’t have a DD 214 for my active duty service and my branch of service does not have one, either.  What can I do to prove I am eligible for reduced retirement age?

You have two options here.  I recommend trying both at the same time just in case one does not work.  You can request pay documents from your branch’s finance office and you can request Leave and Earnings Statements directly from the Defense Finance and Accounting Service (DFAS).  You can make the request from DFAS online at https://www.dfas.mil/customerservice/lesrequest.html.  You will need to upload a copy of a form of photo ID as part of this request so be prepared.

 

I believe that is quite enough for one day.  I know this is a lot of information to absorb all at once.  Please post a comment below or contact me directly by email if you have any specific questions.

 

Until next time, thanks for joining me today and, of course, thank you for your service.

 

D.J.

 

References:
National Defense Authorization Act (NDAA) for Fiscal Year 2008, Section 647 – effective 28 January 2008
National Defense Authorization Act (NDAA) for Fiscal Year 2014 –  effective 19 December 2013
10 USC § 101(a)(13)(B)
10 USC § 1074(b)
10 USC § 12301(a)
10 USC § 12301(d)
10 USC § 12302
10 USC § 12304
10 USC § 12304(a)
10 USC §12305
10 USC § 12406, chapter 15
10 USC § 12301(h)
10 USC § 12731(f)(2)
32 USC § 115
32 USC § 502(f)
Department of Defense Instruction 1215.07 (with Change 1) – 23 September 2013
Army Regulation 135-180 – Qualifying Service for Retired Pay
Army Regulation 600-8-7 – Retirement Services Program – 18 January 2017
National Guard Regulation 680-2 – Automated Retirement Points Accounting Management – 19 August 2011
Personnel Policy Operational Memo 13-029 – Implementation Guidance for Reduced Retirement Age for Army National Guard Soldiers – 05 August 2013
Tricare.mil

Related YouTube Episodes:
The Basics of Reserve Retirement

Related Articles:
So, What is This Reduced Retirement Age Thing Anyway? – Part 1
Types of Qualifying Active Duty for Reduced Retirement Age


So, What is This Reduced Retirement Age Thing Anyway? – Part 1

Now here is a topic that has caused a lot of confusion over the last several years.  Since the 1940s, reservists have had to wait until age sixty before they could receive their pensions.  Now there is an exception to that rule.  Please pay careful attention to what I’m about to say because there are a lot of rules to this exception.  Due to there being so much information about this change, this will be a longer article than usual.  I’ll try to make it as simple as I can.

 

In January of 2008, the law changed to allow certain reservists to receive their retired pay earlier than sixty.  This law was meant to recognize the increased importance of the reserve components in conducting, as it’s called, the Global War on Terrorism. This change went into effect on 29 January 2008.  Probably due to the cost involved, the change was not retroactive to 11 September 2001.

 

Here is a brief idea of how the reduced retirement age law works.  There are certain types of active duty service which qualify for this reduction.  For each ninety-day period served in a fiscal year under these types of active duty, a reservist will be allowed to receive retired pay three months earlier than sixty.

 

Did you notice all of the provisos in that last statement?  Yes, it’s a bit tricky.  The ninety-day blocks have to be within a fiscal year.  The federal fiscal year runs from 1 October of one year to 30 September of the next year.  This fiscal year rule means, for example, if a reservist has served eighty-nine days of active duty and then the ninetieth day is 1 October then that entire block of time (the eighty-nine days) will not count for reduced retirement age eligibility.  This means, in short, that a year of active duty service will not necessarily equal a year of reduction in the reservist’s retirement age.  This has disgruntled quite a few reservists.  More on that later.

 

Here is an example of what I said before.  Sergeant Matthews is mobilized to serve as part of Operation Enduring Freedom on 3 August 2009.  He serves active duty for a total of 390 days or until 27 August 2010.  3 August 2009 to 30 September 2009 equals 89 days.  This period of time will not qualify for reduced retirement because the next day, his ninetieth day, is the start of the new fiscal year.  His service for determining reduced retirement age eligibility will restart on 1 October.

 

From 1 October 2009 to the day he is released from active duty, 27 August 2010, he serves an additional 331 days.  If you divide the 331 days by 90, there are three full ninety-day blocks within this time frame (or 270 days).  As a result, Sergeant Matthews is eligible to receive retired pay nine months earlier than sixty.

 

That’s difficult enough to understand, but it does get easier for those who have served under one of those qualifying types of active duty later on.  On 1 October 2014, the law changed again to allow qualifying active duty to cross over fiscal years.  This means shorter periods of service in one fiscal year will not be discounted simply because 1 October has arrived.  Again, this change in the law was not retroactive.

 

Let’s take Sergeant Matthews’s example again and just change the dates.  SGT Matthews is mobilized on 3 August 2015 and serves until 27 August 2016.  This is a total of 391 days of active duty.  There is no limitation based on his service crossing two fiscal years.  Divide 391 by 90 and you see that he has four full ninety-day periods and, as a result, can now receive retired pay one full year earlier.

 

I hope that makes sense so far.  Let’s dive a little deeper in Part 2.

 

Until next time, thanks for joining me today and, of course, thank you for your service.

 

D.J.

 

References:
National Defense Authorization Act (NDAA) for Fiscal Year 2008, Section 647 – effective 28 January 2008
National Defense Authorization Act (NDAA) for Fiscal Year 2014 –  effective 19 December 2013
10 USC § 101(a)(13)(B)
10 USC § 1074(b)
10 USC § 12301(a)
10 USC § 12301(d)
10 USC § 12302
10 USC § 12304
10 USC § 12304(a)
10 USC §12305
10 USC § 12406, chapter 15
10 USC § 12301(h)
10 USC § 12731(f)(2)
32 USC § 115
32 USC § 502(f)
Department of Defense Instruction 1215.07 (with Change 1) – 23 September 2013
Army Regulation 135-180 – Qualifying Service for Retired Pay
Army Regulation 600-8-7 – Retirement Services Program – 18 January 2017
National Guard Regulation 680-2 – Automated Retirement Points Accounting Management – 19 August 2011
Personnel Policy Operational Memo 13-029 – Implementation Guidance for Reduced Retirement Age for Army National Guard Soldiers – 05 August 2013
Tricare.mil

Related YouTube Episodes:
The Basics of Reserve Retirement

Related Articles:
So, What is This Reduced Retirement Age Thing Anyway? – Part 2
Types of Qualifying Active Duty for Reduced Retirement Age


Podcast Episode 0007 – So, What is This Reduced Retirement Age Thing Anyway?

Links:
LES Request Tool (DFAS)

References:
National Defense Authorization Act (NDAA) for Fiscal Year 2008, Section 647 – effective 28 January 2008
National Defense Authorization Act (NDAA) for Fiscal Year 2014 –  effective 19 December 2013
10 USC § 101(a)(13)(B)
10 USC § 1074(b)
10 USC § 12301(a)
10 USC § 12301(d)
10 USC § 12302
10 USC § 12304
10 USC § 12304(a)
10 USC §12305
10 USC § 12406, chapter 15
10 USC § 12301(h)
10 USC § 12731(f)(2)
32 USC § 115
32 USC § 502(f)
Department of Defense Instruction 1215.07 (with Change 1) – 23 September 2013
Army Regulation 135-180 – Qualifying Service for Retired Pay
Army Regulation 600-8-7 – Retirement Services Program – 18 January 2017
National Guard Regulation 680-2 – Automated Retirement Points Accounting Management – 19 August 2011
Personnel Policy Operational Memo 13-029 – Implementation Guidance for Reduced Retirement Age for Army National Guard Soldiers – 05 August 2013
DFAS.mil
Tricare.mil

Related YouTube Episodes:
The Basics of Reserve Retirement

Related Articles:
So, What is This Reduced Retirement Age Thing Anyway? – Part 1
So, What is This Reduced Retirement Age Thing Anyway? – Part 2
Types of Qualifying Active Duty for Reduced Retirement Age