Anyone know about this or can explain it? I am in the Navy and up for promotion to LCDR/O4 this September. Currently going through IDES (just finished step 3). Would I meet the criteria in sub paragraph (3)? I have 22 YOS right now. Click the link...
10 USC 1372
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@tony292 of this board was promoted under those circumstances. You might search his posts or send a private message to him.Anyone know about this or can explain it? I am in the Navy and up for promotion to LCDR/O4 this September. Currently going through IDES (just finished step 3). Would I meet the criteria in sub paragraph (3)? I have 22 YOS right now. Click the link...
Ron
I posted the following earlier today:
Promotion at the Time of Retirement or Separation Promotions <---LINK
Per the provisions of 10 USC 1372, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective the day before placement on the retired list.
Per the provisions of 10 USC 1212, Soldiers who are on the promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective the Soldier’s separation date.
The guidance above also pertains to Active Army Soldiers who have reached the time-in-service and time-in-grade requirements for the next level of automatic promotion (PV2 to SPC), provided Soldiers do not have pending suspension of favorable personnel actions.
Note: Someone recently pointed out that they would NOT be promoted to sergeant major because he was unable to attend the USASMA which is a prerequisite for promotion to grade E9, Army.
Ron
Promotion at the Time of Retirement or Separation Promotions <---LINK
Per the provisions of 10 USC 1372, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective the day before placement on the retired list.
Per the provisions of 10 USC 1212, Soldiers who are on the promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective the Soldier’s separation date.
The guidance above also pertains to Active Army Soldiers who have reached the time-in-service and time-in-grade requirements for the next level of automatic promotion (PV2 to SPC), provided Soldiers do not have pending suspension of favorable personnel actions.
Note: Someone recently pointed out that they would NOT be promoted to sergeant major because he was unable to attend the USASMA which is a prerequisite for promotion to grade E9, Army.
Ron
Sorry...I did not (do not) see his post in this thread, at least until I linked it.
In any case, I am confident Tony will be glad to help you.
Regards,
Ron
Tony,
Did you ever receive a physical promotion warrant?
USN: Have you already been selected for O-4 or does your board convene in September?
I was in your shoes last year. Was referred to the PEB in April, Board in Aug, Results in Dec (ended up actually being in Jan 2020). I was absolutely amazed it took long enough to get me to the board results. The Navy is pretty slow and with you being were you are in the process, I dont think it will be hard for you to say in till Aug/Sept if that is your intention. There are some ways to slow roll and stall as you mentioned. Would be happy to discus over DM.
DM me with whatcha got. I’m open to suggestions...
my name was on the Army Major list. I took that and emailed it to the retirement services people and did not receive any separate promotion orders because my sequence number had not come up. Basically the list came out 3 weeks before I went on terminal leave. So they promoted me on my retirement orders. About a year later I went to get my retired ID card and my rank was updated already in the system.
It would be nice to have an actual warrant that says Maj on it when everything is said and done. Ill have to look into seeing what can be done to have one drafted.
it would be nice, I just framed my retirement certificate instead.
Way late to the party but I have just been retired under the PDRL as an O5/LTC Army. I have the minimum 3 years TIG for promotion to O6/COL but promotion board doesn't convene until next month. I have read 10 U.S. Code § 1372 and it does not state that you need to be on any promotion list or even eligible, like TIG, for promotion to next higher rank. All that it states is that you are entitled to be promoted if (3)The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination. That to me is pretty clear, if it was expected at some point, that in the future, you were some day going to be promoted then you are entitled to promotion under 10 U.S. Code § 1372 to the next rank. There is no mention of any promotion list or any thing close to that. I have already contacted HRC but was wondering if anyone has gone this route?
Ask HRC (and possibly your lawyer) but I believe that what section 3 means by that “you would have been promoted” is that you met ALL of the promotion requirements INCLUDING being selected by the board for promotion. Many here in the past were not successful in getting promoted because they weren’t on any promotion list. Being on a promotion list is key to meeting the criteria for “would have been promoted”. Not all of the LTC going before the COL board will make the list… so not all of them would “have otherwise been promoted” and meet the criteria of section 3. Now I’m not a lawyer, so this is just my opinion. But I think the Army at least sees this the way I described it.
Having said all that, I hope you get promoted. I haven’t heard of a case yet, but I believe that even if you’re still on terminal leave and come out on the list, you should be able to get it changed and maybe have a dd215 changed or amended retirement orders that reflect your new rank.
” (3)The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.
Having said all that, I hope you get promoted. I haven’t heard of a case yet, but I believe that even if you’re still on terminal leave and come out on the list, you should be able to get it changed and maybe have a dd215 changed or amended retirement orders that reflect your new rank.
” (3)The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.
I agree that it reads that you have to be on a promotion list. For Army, I can confirm that all it takes is to send the PDA proof that you're on the promotion list. A couple weeks ago I sent a screenshot of the G1 Self Service Portal showing I'm on the list and they sent over an amendment to my PDRL Orders same day. My retirement date is Thursday.