Author Topic: DMCA Review Release Item Change - 4C to 3B  (Read 1432 times)

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Offline Tanker61

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DMCA Review Release Item Change - 4C to 3B
« on: June 03, 2011, 14:40:19 »
released 4C in 94 from Wainwright after being pressured into it.  Should have been a Medical release for low back injury so years later requesting a review from DMCA as VAC determines I have a service related inury and has issued a disability award. Anyone out there going through the same situation? Thoughts and advise are appreciated.

Offline Jim Seggie

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Re: DMCA Review Release Item Change - 4C to 3B
« Reply #1 on: June 03, 2011, 15:04:17 »
There are a number of you in the same boat.

In what geographic area are you? I can direct you to the proper authority.

Freedom Isn't Free   "Never Shall I Fail My Brothers"

“Do everything that is necessary and nothing that is not".

Offline snowball17

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Re: DMCA Review Release Item Change - 4C to 3B
« Reply #2 on: June 07, 2011, 12:28:06 »
 I actually had a friend who had theirs changed from a 4c to a 3b. As far as I remember it took about 9 months to have it changed. He too was awarded a VAC lump sum award. He currently as well is on the income supplement program through VAC. He did however have difficulty at first because VAC wanted him to apply for SISIP and use their benefits first. What the issue he ran into was that he never applied for SISIP after his 4c release because he didn't think he was intitled to it. VAC said before they would put him on the income supplement program he had to exist all avenues of income first, meaning he had to apply to SISIP and use any monetary benefits that he would qualify for. I know that this process has taken him months, and still isn't fully finished, the result of this was that SISIP is paying him the 2 years of LTD at 75% of his release salary, even though it is past the required time line to apply for the benefits. He was also told that they would be paying him in a lump sum for all previous months, and then at this point he would only have about 6 months of payments left of the 24 months. Once that 6 months is up, he then would be eligible to go on the income supplement program through VAC. Until he receives payment through SISIP VAC is continuing to pay him on the supplement program, but he had to sign a promise to repay note to VAC that states all monies that was paid under the income supplement program during the time frame that he was to be on SISIP will be returned to VAC once he has receives the lump sum payment from SISIP which is equal to about 18 months worth. Once he is done on the SISP LTD program ( About 6 months) he then will resubmit his application for the VAC income supplement program and will not be penalized for the money that he had received previously from the VAC income supplement program.

Offline Tanker61

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Re: DMCA Review Release Item Change - 4C to 3B
« Reply #3 on: February 21, 2012, 14:12:12 »
I am in Calgary, Alberta. Sorry for the late reply I should be checking this thread way more often :cdn:

Offline Jim Seggie

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Re: DMCA Review Release Item Change - 4C to 3B
« Reply #4 on: February 21, 2012, 15:48:17 »
I am in Calgary, Alberta. Sorry for the late reply I should be checking this thread way more often :cdn:

The IPSC in Calgary should be able to give you a hand.

Good luck.
Freedom Isn't Free   "Never Shall I Fail My Brothers"

“Do everything that is necessary and nothing that is not".

Offline GI JANE

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Re: DMCA Review Release Item Change - 4C to 3B
« Reply #5 on: February 24, 2012, 01:45:08 »
I have somewhat of a simular situation...

I've was in the Reserve for approx 11 yrs then transferred to the Reg F.  I then released 4(c) in 2009 (but transferred back to the reserve) after my initial 3 yr contract.  I didn't actually fulfill the 3 yrs - I asked to get out sooner and was approved.  When I transferred to the Regs I opt to buy-back just over 10 yrs of service (from Class B & C time).  It was a hasty decision to get out of the Reg F and now believe I should have been released medically but I just wanted out.  Since transferring back to the reserves - I've mostly worked part-time (class A) however, I have had a couple of short term class b contracts, but I'm not able to function.  I suffer from depression which is not attributed to military service.  Financially I'm in rough shape....when I got out of the reg f before completing the 3 yrs I waived my serverance pay.  Since I haven't been able to work much I've cashed my RRSP's and maxed my line of credit to support my family.  And now there is no more savings or loans so I need to work.

If I'm medically released now (a class A reservist), am I entitled to an immediate annuity?  (I know it won't be a full pension, as I've only got about 13 yrs pensionable service)...but anything will help.  And maybe I'll be able to hold down a part-time mim wage job!

Any sugguestions as to how I can improve my situation....thanks.


Offline dapaterson

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Re: DMCA Review Release Item Change - 4C to 3B
« Reply #6 on: February 24, 2012, 09:24:40 »
I have somewhat of a simular situation...

I've was in the Reserve for approx 11 yrs then transferred to the Reg F.  I then released 4(c) in 2009 (but transferred back to the reserve) after my initial 3 yr contract.  I didn't actually fulfill the 3 yrs - I asked to get out sooner and was approved.  When I transferred to the Regs I opt to buy-back just over 10 yrs of service (from Class B & C time).  It was a hasty decision to get out of the Reg F and now believe I should have been released medically but I just wanted out.  Since transferring back to the reserves - I've mostly worked part-time (class A) however, I have had a couple of short term class b contracts, but I'm not able to function.  I suffer from depression which is not attributed to military service.  Financially I'm in rough shape....when I got out of the reg f before completing the 3 yrs I waived my serverance pay.  Since I haven't been able to work much I've cashed my RRSP's and maxed my line of credit to support my family.  And now there is no more savings or loans so I need to work.

If I'm medically released now (a class A reservist), am I entitled to an immediate annuity?  (I know it won't be a full pension, as I've only got about 13 yrs pensionable service)...but anything will help.  And maybe I'll be able to hold down a part-time mim wage job!

Any sugguestions as to how I can improve my situation....thanks.

My understanding is that on releasing for medical reasons you would be entitled to an immediate annuity.  At 13 years, you'd get 26% of the average of your best five years, with immediate indexing for inflation (reduced at age 65).

You may also be eligible for disability payments through CPP.

I'd recommend you contact your local JPSU - they should be able to provide some guidance and assistance.
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Offline GI JANE

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Re: DMCA Review Release Item Change - 4C to 3B
« Reply #7 on: February 24, 2012, 11:38:28 »
Is it near impossible to change my original release item from the Reg F to 4(c) to 3(b)?  Should I bother to try and get it changed?

Offline dapaterson

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Re: DMCA Review Release Item Change - 4C to 3B
« Reply #8 on: February 24, 2012, 12:21:56 »
Is it near impossible to change my original release item from the Reg F to 4(c) to 3(b)?  Should I bother to try and get it changed?

It is possible to do.  As I am not a release expert, I can't give guidance on how to do so.  Again, I'd suggest the JPSU as your initial point of contact to discuss the issue.
This posting made in accordance with the Charter of Rights and Freedoms, section 2(b):
Everyone has the following fundamental freedoms: freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication
http://laws.justice.gc.ca/en/charter/1.html

Offline Jim Seggie

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Re: DMCA Review Release Item Change - 4C to 3B
« Reply #9 on: February 24, 2012, 12:58:39 »
It is possible to do.  As I am not a release expert, I can't give guidance on how to do so.  Again, I'd suggest the JPSU as your initial point of contact to discuss the issue.

It is possible to do so, but to echo dapaterson you need to find out where your local IPSC is. PM me and I can help you out.
Freedom Isn't Free   "Never Shall I Fail My Brothers"

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Offline Staff Weenie

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Re: DMCA Review Release Item Change - 4C to 3B
« Reply #10 on: February 24, 2012, 13:56:09 »
Refs:  A.  5225-1 (DMCA) 21 Sep 11
B.  DDP 3.01 (Ammendment #46)

Ref A clearly defined the arcs on review of release items by former members. Ref B (and any IPSC should have that on hand) provides clear explanations of the new policy.

Basically put, once a member has released from the CF, their actual Release Category will not be changed.  Should there exist on their pers file and/or med docs, information that proves their injury/illness is the result of service, and they would not have met Universality of Service at the time of their release, their Release Category can only be annotated 'Disabled' (i.e. 4(c)-Disabled).

Clear as mud?