DoD Disability Retired Pay

Army National Guard: Active Duty Under Title 10 USC

Benefit Fact Sheet

Summary

The Department of Defense (DoD) compensates Soldiers who are retired for physical disability (Title 10 USC Ch. 61). The Secretary of the Army (SA) may retire a regular component Soldier who is deemed physically unfit to perform his or her duties as the result of an injury incurred in the line of duty. To qualify for disability retirement, the Soldier must have completed at least 20 years of creditable service , in accordance with 10 USC 1208, or have service-connected disabilities that caused the Soldier to be unfit for duty and amount to a combined disability rating of 30 percent or more. The 20-year threshold established by 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 Regular Soldiers with former Reserve Service.

Eligibility

Army National Guard Soldiers on federal active duty are entitled to Disability Retired Pay when all the criteria below are met:

  • The Soldier incurred a permanent disability (or permanently aggravated a pre-existing medical condition), which was found to be unfitting for military duty, while serving on active duty for more than 30 days, and

  • The Soldier was entitled to basic pay, or the disability was incurred while the Soldier was on active duty but not entitled to basic pay due to authorized absence to participate in an educational program or for an emergency purpose as determined by the SA.

  • The disability was not the result of intentional misconduct or willful neglect, and

  • The disability was not incurred during a period of unauthorized absence.

If the disability originated in the statuses listed below, it is compensable so long as the disability was incurred in the line of duty. Performing active duty or inactive training; Traveling directly to or from the place at which such duty is performed;

  • After 23 Sep 1996, an injury, illness, or disease incurred or aggravated while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive duty training, at or in the vicinity of the site of the inactive duty training,

  • While serving on funeral honors duty; while traveling to or from the place at which the Soldier was to so serve; or while remaining overnight at or in the vicinity of that place immediately before o serving.

Soldiers with medical conditions or physical defects that existed prior to service (incurred in a civilian status) may be administratively separated without referral into the DoD Disability Evaluation System (DES) if the medical condition is identified prior to, or within, 180 days of the Soldier's initial entry on active duty or inactive duty for training or full-time National Guard duty. The following criteria must be met:

  • The condition was not aggravated while on active duty or otherwise performing military duty.

  • The Entry Physical Standards Board must be convened by the 180th day.

  • The medical condition does not disqualify the Soldier from retention under the provisions of AR 40-501, chapter 3. (If disqualifying, the ARNG Soldier on Federal Active Duty must be referred to the DES.

Under the provisions of 10 USC 1207a, an unfitting pre-existing condition is deemed in the line of duty for purposes of disability retirement or separation, as applicable. The Soldier must be ordered to active duty for a period of more than 30 days when determined unfit and must have a career total of 8 years of active service (active duty days) by the date of separation from active duty. The provisions of 10 USC 1206a modify application of 1207a to Reserve Component Soldiers called to active duty. If the Reserve Component Soldier is released by the 30th day of active duty due to identification of a pre-existing condition not aggravated within the 30 days, the Soldier is considered not to have been serving under an order to active duty for a period of 30 days or more. The provisions of 10 USC 1207a do not apply to Reserve Component Soldiers who are referred to the DES after they are released from active duty.

Benefit Highlights

The DoD Disability Evaluation System (DES) implements retirement based on physical disability. The DES consists of 4 elements: medical evaluation; physical disability evaluation, including appellate review; counseling; and final disposition. Pursuant to DoD Directive 1332.18, "The sole standard to be used in making determinations of unfitness due to physical disability shall be unfitness to perform duties of the member's office, grade, rank or rating because of disease or injury." The assignment of disability ratings shall be based on the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD).

The military disability retirement plan is a defined benefit plan that incorporates basic pay history and either the number of years of service (YOS) or severity of the disability. To qualify for disability retirement, the Soldier must be deemed unfit for military service and have a disability rating of at least 30 percent. The monthly retirement pay begins immediately after retirement and continues for the duration of the retired member’s lifetime.. A member deemed unfit with less than a 30 percent disability receives a Disability Severance payment.

The basic retirement formula is:

YOS x 2 ½ % x retired base pay; OR

% of disability (not to exceed 75%) x retired pay base.

The retired pay base is the average of the highest 36 months of basic pay earned for those Soldiers who entered service on or after September 8, 1980.

When a member is retired for disability, he or she is entitled to all the rights and privileges of any other military retiree. This includes entitlement to a military retired identification (ID) card that authorizes medical care, Post Exchange (PX) and commissary shopping privileges, and use of morale, welfare and recreation facilities (space-available). There are no provisions in the law for increasing or decreasing a Soldier's compensable disability rating after the effective date of permanent retirement.

Additional Information

For more information, visit the following DoD web links to obtain the DoD disability directive, instruction, and policy memorandums modifying this document:
http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/133218p.pdf

Online Resource for Americans with Disabilities:
https://www.dol.gov/odep/topics/disability.htm

Document Review Date: 06 March 2018