Disability Retirement is sometimes called Chapter 61 retirement, since the law governing such a retirement is in Chapter 61 of title 10 United States Code. Members who have been determined to be unfit for duty with a disability rated by the Military Service as 30% or greater are eligible for disability retirement. A member whose condition is not stable may be placed on the Temporary Disability Retired List (TDRL) for up to three years if placed into the program after January 1, 2017 or five years if placed into the program prior to January 1, 2017 at which point they must be discharged, retired or returned to duty. Members whose condition has stabilized at a disability rating of 30% or higher may be placed on the Permanent Disability Retired List (PDRL).
Temporary Disability Retirement List (TDRL)
TDRL is the Temporary Disability Retirement program designed to enable all eligible members with a rated disability the opportunity to receive retirement benefits including medical coverage for members and dependents and a monthly stipend until medical conditions can become stabilized or corrected. TDRL is enacted by General Military Law under Title 10 USC Chapter 61, section 1200 series, and further outlined by the Headquarters of the Military Departments through Directives and Instructions. The department of the Navy has designated SECNAVINST 1850.4E as the governing instruction for the administration of Disability Evaluation. Under Title 10 USC, TDRL is a maximum of a 5-year program. In accordance with Memorandum for Assistant Secretary of the Navy dated February 7, 2017, member’s placed onto the TDRL program on or after January 1, 2017 may spend a maximum of 3 years on the TDRL program. At the end of the 3 or 5 years depending on date of placement, General Military law requires all pay and benefits to cease, regardless of reason for a delay in final processing.
If you are being placed on the TDRL, by law you are required to meet the following requirements in accordance with Title 10, U.S.C. Chapter 61 and SECNAVINST 1850.4E.
1. You will have a TDRL evaluation in 12-18 months.
2. You shall notify Navy Personnel Command (PERS-954) via email or postal address within 5 business days, of any changes to your information listed in (a) through (f) below.
b. Forwarding Address
c. Home Phone Number
d. Cell Phone Number
e. Email Address (Civilian)
3. You shall keep your contact information up-to-date with PERS-954 via;
a. Email: email@example.com or
b. USPS: Navy Personnel Command, PERS 954 - Disability Retirements, 5720 Integrity Drive, Millington, TN 38055-0954
4. You will sign the NAVPERS 1070/613 regarding your responsibilities while on TDRL via NSIPS.
Note: If PERS-954 cannot contact you to issue orders and schedule the Periodic Examination you will be dropped from the system, subsequently losing all DOD benefits, to include pay, Tricare, and ID Card.
Permanent Disability Retired List (PDRL)
PDRL is the Permanent Disability Retirement program designed to provide permanent disability benefits to members of the military with service-connected disabilities. Required determinations of disability are made by the Secretary of the Military Departments and include the following categories according to Title 10 USC:
"Based upon accepted medical principles, the disability is of permanent and stable nature. The disability is not the result of the member's intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence. The member has at least 20 years of ACTIVE service or the Secretary of the Military Departments rates the disability at least at 30%. The disability cannot be noted at the time of the member's entrance on active duty and the disability is the proximate result of performing active duty."
Navy Personnel Command, PERS-954 has been tasked by the Secretary of the Navy to administratively process the results of the Physical Evaluation Board's (PEB) Notification of Decision. Upon notification, PERS-954 processes the orders to discharge members from active duty to either the Temporary or Permanent Disability Retirement List. Local command Personnel Support Detachments (PSD), upon receipt of the authority, will begin processing members for retirement. Additionally, PERS-954 is responsible for the processing of all orders directing the Service Member to their Periodic Medical Examinations. Therefore, it is imperative that the Service Member notify PERS-954 with any changes in their contact information.
Note: In the event the service member receives a disability rating of 100% from the Department of Veterans Affairs, the service member is still responsible to keep their current contact information with PERS-954 so travel orders for required exams can be provided.