How can I determine if I am qualified for back pay?

MSgt Adam McLeod — Thu, 03 Nov 2022 20:59:59 -0400

I was put on the Temporary Disability Retired List (TDRL) three (3) days prior to my 18-year military anniversary. At the time, I think/thought members received an automatic pay increase for every two years of service, i.e., 10, 12, 16 years, etc. Because I was 'retired' prior to my 18-year anniversary, the military saved A LOT of money.

At six (6) months into TDRL, I was put on military orders for six (6) days to travel to San Antonio, TX for a medical re-evaluation to determine my eligibility to return to active service. Ultimately, I was unable to return due to permanent disabilities caused by combat injuries.

In my mind, these six (6) days on orders would have put me over the 18-year mark for active duty service. Does this make sense to anyone else? How would I go about 'fixing' my active duty service date (ADSD) and would that qualify me for back pay?

Should it matter, I was promoted to E-7 in July 2007. I was put on TDRL in February 2010, my retirement date is officially listed in February 2010 and I retired as an E-7.

Thanks for any help and I hope all is well with you!

Response by SGT Private RallyPoint Member made Nov 3 at 2022 9:15 PM

SGT Private RallyPoint Member — Thu, 03 Nov 2022 21:15:22 -0400

Contact one of these three gentlemen... they are very knowledgeable in Military related questions/issues.

Response by SFC Private RallyPoint Member made Nov 4 at 2022 2:18 AM

SFC Private RallyPoint Member — Fri, 04 Nov 2022 02:18:09 -0400

That wouldn't change your ADSD, that's not how that calculation works. Even if it placed you over 18 years now, you are retired. The only way this would have mattered is if you were not retired and requested to be returned to duty for the purpose of retiring.

Response by COL Randall C. made Nov 4 at 2022 7:31 AM

COL Randall C. — Fri, 04 Nov 2022 07:31:09 -0400

MSgt Adam McLeod, the short answer is 'No'.

Long answer is still 'no', but IF you actually were recalled to active duty (check the language and authority), then the answer is yes/no.

Yes, you could use it to recompute your "over X" number ... but it will be a "distinction without a difference" because you're not going to get any back pay (more on this later).

Those six days of orders were to have you covered by per diem and given a legal status in case something happened enroute and back (i.e., accident, etc) to your PPE evaluation. You can check your orders, but you likely weren't ordered to active duty status under the authority of 10 USC 688 (authority used to do a retiree recall).

If you were recalled to active duty, you would have had to elect to waive your retired pay for those days in order to collect the active duty pay. Since you're asking the question about your status, that's one indication that you were not brought onto active duty (DFAS would have contacted you already).

For the sake of argument, let's say that the orders did bring you back onto active duty instead of just covering you in an official status and for per diem and your waiver of pay fell through the cracks with DFAS. The six days would put you 'over 18' ... but that doesn't help you.

Your retirement right now (being on the TDRL previously and now on the PDRL) is based on your disability % * retired base pay. Since you entered AD after 8 SEP 80, you are based on the average of your highest 36 months (High 3). That retired base pay is not going to change because you are now "over 18".

IF your BASD was BEFORE 8 SEP 80, then your retired base pay would have been based on "final pay", and while you wouldn't have gotten any back pay, it would affect your retirement pay going forward (again, this doesn't apply ... just mentioning it for completeness)

Response by MAJ Ken Landgren made Nov 4 at 2022 8:40 PM

MAJ Ken Landgren — Fri, 04 Nov 2022 20:40:14 -0400

I am sorry. Well damn I am sad and mad for you.