DoD Disability Retired Pay

Army Reserve: Retired

Benefit Fact Sheet

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Summary:

The Department of Defense (DoD) compensates Soldiers who are retired for physical disability (Title 10, USC, Chapter 61). The Secretary of the Army (SA) may retire a Soldier of the Regular component who is found physically unfit to perform his or her duties due to a disability determined by the Army to be in the line of duty. To qualify for disability retirement, the Soldier must have completed at least 20 years of service creditable under Section 1208, Title 10, United States Code (10 USC 1208) or hold a combined disability rating of 30 percent or more for the disabilities determined to be unfitting for military duty. The 20-year threshold of 10 USC 1208 includes Reserve "equivalent duty service" (the product of the Soldier's membership and Inactive Duty Training (IDT) points divided by 360). This service is applicable to Regulars with former Reserve Service.

Eligibility:

Retired Reserve Soldiers are eligible for disability retired pay if they meet the criteria and are retired for disability, but disability retired pay will be offset dollar for dollar by any VA disability compensation (this may totally or only partially offset the disability retired pay). They may also be eligible for Combat Related Special Compensation (CRSC) or Concurrent Retirement and Disability Pay (CRDP), which may restore some, all, or none of that offset.

CRDP provides a 10 year phase-out of the offset to military retired pay due to receipt of VA disability compensation. Qualified individuals are those who are retired active or age 60 retired reserve members who also have a combined VA disability rating of 50% or greater.

CRSC provides a special monthly payment equivalent to the offset to military retired pay due to receipt of VA disability compensation determined to be combat-related. Qualified individuals include any military retired members with an offset to retired pay due to VA compensation determined to be combat-related.

However, retiree recalls are eligible to be referred to the DES. Under the provisions of 10 USC 1402 and 1402a, if determined unfit at a combined disability percentage of at least 30 percent, they are eligible for a recomputation of retired pay using the disability retired pay formulas. However, retiree recalls enter the DES under the rebuttal presumption they are fit.

Additional Information:

For more information visit the following DoD web links to obtain the DoD disability directive, instruction, and policy memorandums modifying these two documents.

http://www.dtic.mil/whs/directives/corres/pdf/133218p.pdf

and DoD Directive 1332.38 web link:
http://www.dtic.mil/whs/directives/corres/pdf/133238p.pdf

Online Resource for Americans with Disabilities:
http://www.disability.gov/

Document Review Date: 25 July 2014