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I'm currently AD Navy and have a break in service so I have…

I'm currently AD Navy and...
I'm currently AD Navy and have a break in service so I have 19 years with my PEBD but 18 years with my ADSD. I'm looking at possibley being medically retired. My question is can I be put on the TDRL in order to hit 20 years so that I can collect CDRP. And if I can, will my pay change as soon as I hit 20 and I'm reevaluated? Thanks in advance for your assistance.
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Answered in 11 hours by:
10/12/2014
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,697
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
The TDRL does not not court towards active service...only your active time will.
So, for example, if it take several months to place you onto TDRL, that will add to your active duty time.
Then, if they pull you off TDRL to reevaluate you? That time will count towards your 20 years.
But if the goal is to receive CDRP, you need 20 years of active duty.
Now...if your injuries were caused by combat or preparing for combat? You may be eligible for CRSC (combat related special compensation). This is a separate program that allows you to receive VA compensation at the same time as the special compensation from the DoD....so even if you do not reach 20 it may still be you can qualify for dual receipt of income
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,697
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Customer reply replied 3 years ago

Also, if they put me on permanent Limited Duty so that I can reach 20 and retire, would it me a medial retirement or a regular retirement? Would I be able to retire as an O3E or would they revert me back to enlisted since I would not have completed my 10 years obligation. If I retire at 20 I would have satisfied 8 years of commissioned service. I'm really upset because I've worked really hard in my career. I dodn't ask to be sexually assualted and I didn't know that all of these years later it would be affecting me like this. I feel like it's ruined my career. And I feel like the Navy doesn't take mental health and sexual assult serious. I feel like if I jad a bak problem or any other medical condition I wouldn't be told to just "work" through it. That I need to get over it. I just don't know what to do.

IF you are placed on limited duty (but kept on duty)? That times counts towards your 20 years.
But the law requires 10 years service as a commissioned officer to retire as a commissioned officer. There is no waiver for this requirement. So unless you get 10 years service commissioned you can not retire as a commissioned officer
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