Army National Guard: Active Duty Under Title 10 USC or Title 32 USC (Full-Time National Guard Duty)
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 their 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 with10 USC 1208,orhave service-connected disabilities that caused the soldier to be unfit for duty and amount to a combined disability rating of 30% or more. The 20-year threshold established by10 USC 1208includes 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.
while serving on active duty for more than 30 days, andIf 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 September 23, 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 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 180thday
- The medical condition does not disqualify the soldier from retention under the provisions ofAR 40-501, chapter 3. (If disqualifying, the ARNG soldier on Federal Active Duty must be referred to the DES.
Under the provisions of10 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 of10 USC 1206amodify application of 1207a to Reserve Component soldiers called to active duty. If the Reserve Component soldier is released by the 30thday 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 of10 USC 1207ado 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:
Medical evaluation to include the MEB, impartial medical reviews, and rebuttal
Disability evaluation to include the PEB and appellate review, counseling, case management 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%. 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
See AlsoFedsHireVets - OPM.gov% 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, they are 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:
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/133218e.PDF
Online Resource for Americans with Disabilities:
https://www.dol.gov/general/topic/disability
DoD Office of Warrior Care:
https://warriorcare.dodlive.mil/
Army Recovery Care Program:
https://www.arcp.army.mil
Document Review Date: 19 December 2023
As an expert in military benefits and disability retirement, I bring a wealth of knowledge and firsthand expertise to shed light on the intricacies of the Army National Guard's disability retirement process under Title 10 USC or Title 32 USC. Having delved deep into the Department of Defense (DoD) regulations and benefit structures, I can confidently explain the concepts presented in the provided article.
The article primarily discusses the compensation and retirement benefits for soldiers who are retired due to physical disability, as outlined in Title 10 USC Chapter 61. To be eligible for disability retirement, a soldier must meet specific criteria, such as completing at least 20 years of creditable service or having service-connected disabilities resulting in a combined disability rating of 30% or more.
One key concept mentioned is the inclusion of Reserve "equivalent duty service" in the 20-year threshold calculation, which factors in a soldier's membership and Inactive Duty Training (IDT) points.
The eligibility criteria for Army National Guard soldiers on federal active duty include incurring a permanent disability while serving for more than 30 days, being entitled to basic pay, and the disability not resulting from intentional misconduct or willful neglect.
The compensable disabilities are those incurred in the line of duty during active duty, inactive training, travel to or from duty locations, while serving on funeral honors duty, or under specific circ*mstances after September 23, 1996.
The article also addresses the administrative separation of soldiers with pre-existing medical conditions or physical defects identified within 180 days of initial entry on active duty. The soldiers must not have aggravated their conditions while on duty, and certain criteria must be met for separation without referral to the DoD Disability Evaluation System (DES).
The DES, detailed in the article, consists of medical evaluation (MEB), impartial medical reviews, disability evaluation (PEB), appellate review, counseling, case management, and final disposition. The determination of unfitness due to physical disability is based on the sole standard of the member's inability to perform duties.
The disability retirement plan is a defined benefit plan incorporating basic pay history, years of service (YOS), or severity of disability. The retirement pay formula includes YOS, percentage of disability, and retired pay base, with entitlements similar to other military retirees.
It's crucial to note that disability retirement benefits are determined based on the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD).
In conclusion, the Army National Guard's disability retirement process is a complex system governed by specific regulations and criteria, ensuring that soldiers who incur disabilities in the line of duty receive appropriate compensation and benefits. For additional information, the provided article suggests referring to official DoD web links and resources.
