Q. The fiscal 2008 National Defense Authorization Act requires the military services, upon request, to review certain separations for medical conditions where the rating was 20 percent or less. There is a possibility I will be granted medical retirement under this NDAA, and I am curious as to how this will affect my service-connected disability leave. I have been civil service since Nov. 15, 2005, and have a current SCD leave date of Feb. 11, 1994. My retirement will be based on a service-connected disability that was not incurred in combat or caused by an instrumentality of war; however I want to know do I fall under any other exceptions to SCD leave since I have become eligible for military retirement while serving as a civilian employee. If so; where can I find these exception in the USC?
A. I have reviewed the Determining Creditable Service Service section in OPM’s Guide to Processing Personnel Actions (http://www.opm.gov/feddata/gppa/Gppa06.pdf) and can find no exception that fits your circumstance. The fact that you are receiving credit for your active duty service and will be receiving reserve retired pay ought not to alter that.
