Expert: Aaron Shifferly - 5/15/2009

Question
In 1999 I was medically separated from the Army with disability Severance Pay. The PEB rated me at 20%. I took a lump sum. After separation, I applied to the VA and they agreed with the findings and said that I would have to pay back the lump sum amount before receiving any benefits. Before that could happen however, I had paid out of my pocket and rehabilitated my injury. I was allowed back into the Army with a waiver. I have since then reached my 20 years, applied for and was approved for retirement as a SFC but DFAS that handles retirement pay tells me that I am not eligible for retired pay in accordance with Title 10 of the US Code. I have downloaded and read it. There is nothing that I can find that says I can't have retirement pay. Can someone please help me?????

Frustrated in SC

Answer
Have you actually come off active duty? I would immediately call your chain of command (even if you've just left call your old chain of command). Call the VA and also call DFAS directly and discuss your case. Be prepared to show documentation and call a lot, but there should be no reason an active duty person retiring after 20 years of service is not entitled to pay as long as you were honorable in your service. Also, call your local congressman.. they love the chance to get involved in things like this. I'm really sorry that this is happening.. it is no way to treat someone who has served his country for so long. Please dont lose heart and if you have more questions I will be happy to assist.