If you were involuntarily separated through OSB (Officer Separation Board), do you feel you got screwed by the law?

MAJ Ray McCulloch — Mon, 08 Feb 2016 22:59:40 -0500

How many officers selected for separation under the Army's OSB process feel screwed by the law? We cannot collect our disability until we repay the money they gave us for being "involuntarily separated." How many of you feel like you need a support group to discuss the process and your transition? I for one wish they would have shared that list so that we would have had that support system.

Response by LTC Jason Mackay made Feb 8 at 2016 11:33 PM

LTC Jason Mackay — Mon, 08 Feb 2016 23:33:40 -0500

Are they calling it concurrent receipt ?

Response by SFC Private RallyPoint Member made Feb 8 at 2016 11:33 PM

SFC Private RallyPoint Member — Mon, 08 Feb 2016 23:33:43 -0500

Sir, are you referring to something that specifically applies to officers that are separated?
As far as I am aware this applies to everyone and is one of the most common complaints after transition; that separation pay has to be repaid before receiving VA benefits.

Response by LTC Stephen F. made Feb 8 at 2016 11:37 PM

LTC Stephen F. — Mon, 08 Feb 2016 23:37:32 -0500

I was involuntarily separated in on 1 October 1992 after two times of not being selected for promotion to major in the active component MAJ Ray McCulloch. The next day I accepted a commission in the USAR. I was promoted later the next year with the effective date backdated on 2 October 1992. I was promoted to LTC in April 2000 and served until 2008 when I was transferred to retired reserve status. I went to the VFW to submit a packet to teh Department of Veterans Affairs. I was evacuated and initially rated at 70 service-connected disability. Somebody decided that all of my VA disability pay would go towards paying back my involuntarily separation payment. My congressman's office intervened on my behalf and they accepted the fact that only one of my service-connected disabilities occurred before I separated in 1992 and that was rated at 10% service connected. They have been taking out the amount of money which is for 10% disability each month back-dated to January 2009. I fully retire this October because I turn 60 then. I understand that no more than 40% of my retired pay per month should be taken out to repay the debt. I hope that is correct.

Response by CPT Mark Gonzalez made Feb 8 at 2016 11:38 PM

CPT Mark Gonzalez — Mon, 08 Feb 2016 23:38:09 -0500

For an officer with an adso they may view the osb as a blessing. Not everyone will be upset or feel screwed. If a guy is already planning to submit a uqr, but gets the osb instead he now is entitled to separation pay.
I do agree though that separation pay and va disability pay should not be coupled and I wish congress would address this.

Response by MAJ Private RallyPoint Member made Mar 10 at 2016 9:19 AM

MAJ Private RallyPoint Member — Thu, 10 Mar 2016 09:19:18 -0500

The two should have no connection to each other, whatsoever. In theory, the Army broke you. You are collecting disability because you came in service healthy enough and left with some injuries or ailments that they must compensate you for. The separation pay for those on the OSB is supposed to help you stay afloat after they force you out. I'm trying to understand any sort of logic how these two should be linked in any way. They take your health away, then your livelihood, give you something to get you by, and then make you pay them for the overall damage they caused? In essence, that is what this is. It is a hard choice to make: turning down a big check that could really help get you on your feet after an unfair separation, or having to pay the whole thing back many years later. (out of the money they give you for breaking you, no less)

I feel screwed by every aspect of this law, even without the disability argument. The OSB separation pay is advanced retirement pay if you stay in the Reserves to retirement after the boot from AD. They take at least 40% from your pension to pay it back. Do you realize how long it takes to pay around $103K back on a reserve retirement pay at age 60? It will take at least 7 or 8 years if I just do 20, at the time in your life where you are theoretically retiring from your civilian job as well. (or would like to) You need the pension most at the beginning it would seem to me.

In my final analysis, most people are not even aware of all these contradictions. Most civilians would be appalled by these policies. When a factory closes down, they give the workers severance pay. They don't have to pay it back. If they are hurt on the job and get workman's compensation, they do not have to pay it back. This whole process is horrible, even when you do not consider the financial aspect of it. The "lucky" ones who were notified for separation do not even get a reason or justification if they had nothing derogatory in their file. I want to know what that Lieutenant Colonel or whoever saw in 2 minutes of my record that made them say, "yeah, this guy is definitely the bottom of the barrel". When you are left-justified with no bad evaluations, mostly even very good ones....they should have to give us the notes that the reviewer made on the file at least, since there is no appeals process. They can't do that, because it would expose many discrepancies and subjectivities that would cause a lot of upheaval. They'd find notes that show bias on the part of whoever reviewed the file, guaranteed. As an MI Officer, my biggest fear was that an Infantry, hard-charging 82nd guy that has been to every high-speed school that has no desire to sit on this board would look at mine. I can picture the whole scene. "This guy doesn't look that fit (true or not), he hasn't been to Airborne, Air Assault, nothing. I don't even know what these courses are, Geospatial Targeting Fundamentals?"

I got off topic, but I am still very bitter about everything. I gave my heart and soul to the Army for what will be almost 14 years when I ETS. Then they ripped out my soul and I don't even know why.