Promoted to MSG in 06JAN18; just had a medboard 01MAR18 medically non retained with over 18 years of service. What to expect ARNG?

2018-03-01T22:46:56-05:00

Response by CPT Zachary Brooks made Mar 1 at 2018 10:57 PM

2018-03-01T22:57:34-05:00

Where are you currently undergoing treatment? You can apply for COAR to allow you to continue to serve on reserve duty until you hit 20 years, which also may have you keep your rank.

I just finished a medical board myself and was not retained. NC Guard.

Response by Maj Marty Hogan made Mar 1 at 2018 11:13 PM

2018-03-01T23:13:19-05:00

Not sure where your case is but you still can dispute the findings. Unless the Secretary of the service signed it you have a few more options to dispute. Should take long enough to get your 20 with how slow they review cases. If you are over 15 you will still get a retirement. Did they not explain this during the election processmm

Response by SGT Chester Beedle made Mar 2 at 2018 1:14 AM

2018-03-02T01:14:10-05:00

Was this for something that occurred while you were on federal active orders?

Either way you can always appeal. The worst that can happen is that they just say no.
I will have to look up the regs, but from what I remember reading them recently, if it was for something that was caused by military service you might be able to get either a severance pay, or if 30% or greater an actual medical retirement if it happened on active orders. Depending on how many points you have, might be more money than you'll get from a guard retirement, plus tricare.
There is something about getting injured during training, but that might just be for the VA, I'm not sure and would need to do some research.

If it had nothing to do with military service, then the best you hope for is to be allowed to stay in until you get your 20 year letter.

Would you mind going into detail? Totally understandable if you don't want to.

Response by MSG David Johnson made Mar 2 at 2018 2:55 AM

2018-03-02T02:55:53-05:00

If you are Medically Retired you keep your rank.
There are A Lot of variables to be looked at.
My info is going to be a bit out of date but I will try to help steer you in the right direction.
My back story.
I had an injury to my low back due to a strange type of fall in Iraq in 2004, it was suggested to me when I went through Demob to have the VA check me out instead of staying on Med Hold. The VA didn’t get around to me, I deployed again in 2006 with a PULHES of 123221, with the 3 waivered down to a 2. During my last tour (3rd) in 2006-07 an IED went off under my truck. I was medevaced to Germany, then to JB Lewis McChord in Washington state. I did all the rehab they wanted but there was too much damage to the discs in my lumbar and cervical spine, 6 discs in total were impinged to some extent.
Fast forward 8 months or so, we get the paperwork started for my MEB/PEB. I get the magic number of 30% to be medically retired, it was later upgraded to 40%, but that was due to a lawsuit.
Anyway, some of the factors involved in how my retirement would be.
20 year letter, Yes
>30%, Yes
More than a specific amount of active duty time, Yes. I was a Reservist with prior active duty time, plus 2 deployments as a reservist. That brought my total to 13 years 4 months and change for ACTIVE Federal Duty time.
This is where the PEBLO comes into play. Any question you have about the MEB/PEB process and retirement your PEBLO should be able to answer.
Once you are notified of the decision to put you through an MEB/PEB you should be assigned a PEBLO within a very short period.

Another thing that is going to be needed is an LOD. Was this an injury that happened while on drill status or deployment? If yes, there should have been a Line Of Duty investigation to determine whether it was an accident and in the line of duty, or was it something dumb that was determined to not have been done in the line of duty.

As for your rank, I believe that if you are separated with less than a medical retirement the 2 year TIG takes effect, but I’m not 100% sure there.
Another factor which I’m not sure is still in affect is called Sanctuary, it basically says that if you are within a specific time of your 20 years, they will let you continue. But with the new deploy or get out rule, I’m not sure if Sancuary still applies, but again, ask your PEBLO. As for you being NG, you guys play by your own set of rules at the state level and I have no idea about the state level stuff.

But, if at Anytime!!! you feel you’re getting shafted on your Ames Board stuff, Do Not Hesitate to contact JAG.
The Army got caught retiring and separating Soldiers with a 10% for PTSD. They ended up paying out some big $$$ in a class action lawsuit.
The Army’s ratings follow the VA Schedule of Rating for Disabilities (VASRD). In the VASRD it states that if you are retired in part, or in whole for PTSD you will be given a minimum rating of 50%.
I use this as a cautionary tale, don’t do this by yourself! There are people who’s job it is to steer you through this process without getting shafted.

I hope my info isn’t too old, I was injured 3 May 2007 and was medically retired 362 days later.

Good Luck

Response by SSG Tim Thornton made Mar 2 at 2018 8:17 AM

2018-03-02T08:17:12-05:00

Top, weren’t you in that 2 year zone where they won’t touch until your 20? Unless you were up for re-enlistment at the time. I had a SSG in the USMC that had the same thing happen and it was because of that

Response by MAJ Javier Rivera made Mar 2 at 2018 8:54 AM

2018-03-02T08:54:15-05:00

Appeal it! The process should the you long enough to hit the 20 yrs. mark!

Response by CPT Lawrence Cable made Mar 2 at 2018 11:31 AM

2018-03-02T11:31:45-05:00

The rules and option are in AR635-40 Chapter 4-29. Check there and see which option is closest to your case.

Response by SPC Erich Guenther made Mar 2 at 2018 11:34 AM

2018-03-02T11:34:50-05:00

Issue is way over my pay grade but I would ask if they can bridge you to retirement somehow if your only two years away and the medical issue was due to your service. I am not sure if that is possible but it doesn't hurt to ask.

Response by CMSgt Gary Lanham made Mar 2 at 2018 5:46 PM

2018-03-02T17:46:55-05:00

I may be wrong but if you were over 18 years and medically released as an AGR I think you are eligible for retirement. Check with your JAG at your military Dept.