Retired rank if selected for next grade but seperated before pinning on?

N

ndrkk

PEB Forum Regular Member
PEB Forum Veteran
Hello,

I remember reading in either an AF or DoD instruction that if you are medically retired and you have already been selected for promotion, but not yet pinned on by the date of your medical retirement that you are actually retired in the grade you had been selected for. Retired pay is still based on your pay at the rank you held before, but in name, you are retired as the rank you had been selected for.

Does anyone know which regulation outlines that? I can't recall.

Thanks
 
I remember reading something similar to that, but I thought it said if you have been frocked to the selected rank you would get promoted to that rank. I could be wrong. I cannot remember where it was either.
 
From what I've seen you would be correct. It is processed by the SAF's office and usually adds to your wait time. However, like you said, your pay is pased on your "high 3" or highest 36 months of base pay.
 
OK, good, so I'm not crazy, others have read this too. :)
Any ideas on the DoD or AF Instruction this is listed in?
 
IAW 10 U.S.C. § 1372, Grade on retirement for physical disability: members of armed forces
Unless entitled to a higher retired grade under some other
provision of law, any member of an armed force who is retired for
physical disability under section 1201 or 1204 of this title, or
whose name is placed on the temporary disability retired list under
section 1202 or 1205 of this title, is entitled to the grade
equivalent to the highest of the following:
(1) The grade or rank in which he is serving on the date when
his name is placed on the temporary disability retired list or,
if his name was not carried on that list, on the date when he is
retired.
(2) The highest temporary grade or rank in which he served
satisfactorily, as determined by the Secretary of the armed force
from which he is retired.
(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.
(4) The temporary grade to which he would have been promoted
had it not been for the physical disability for which he is
retired, if eligibility for that promotion was required to be
based on cumulative years of service or years of service in grade
and the disability was discovered as a result of a physical
examination.





ANTHONY R. KENNEDY,
CAPTAIN, US ARMY (DISABLED RETIRED)


PHONE: (724) 877-3000
 
Ok I might be reading this wrong. Is it saying that I should be frocked to the next grade of rank on my last day and reflected on my DD214 as well? I get my pay for my high 3 in which I am very fine with. Would like to know.
 
robd1225 said:
Ok I might be reading this wrong. Is it saying that I should be frocked to the next grade of rank on my last day and reflected on my DD214 as well? I get my pay for my high 3 in which I am very fine with. Would like to know.
Click to expand...

Its your retired grade. Your DD Form 214 is issued to you on the last day of your active duty. The DD Form 214 will, therefore, reflect your lower grade.
 
Does anyone know if this applies to Academy cadets who graduated but did not commission because of their medical retirement? Is their retired grade Cadet or Lieutenant/Ensign
 
The law and regulation say you are retired in the grade for which you have been selected for promotion. A commission isn't a promotion. I would imagine you'll be retired as a cadet, E-5. However, you're fortunate. It wasn't that long ago that cadets in military academies were not processed under the DES. They were discharged and the disability compensation was left to Workmans' Compensation and Social Security.
 
anthp250 said:
Does anyone know if this applies to Academy cadets who graduated but did not commission because of their medical retirement? Is their retired grade Cadet or Lieutenant/Ensign
Click to expand...
it would be cadet as far as I know, since you were never offically sworn in as a commissioned officer
 
so my dd214 will have my current rank on it but my retired rank will be next highest so my id will say what on it my current or next?
 
This is what I've found so far (only addresses pay): http://www.pebforum.com/site/thread...-seperated-before-pinning-on.6368/#post-70703
Sec. 1217. Academy cadets and midshipmen: applicability of chapter
-STATUTE-

(a) This chapter applies to cadets at the United States Military

Academy, the United States Air Force Academy, and the United States

Coast Guard Academy and midshipmen of the United States Naval

Academy, but only with respect to physical disabilities incurred

after October 28, 2004.

(b) Monthly cadet pay and monthly midshipman pay under section

203(c) of title 37 shall be considered to be basic pay for purposes

of this chapter and the computation of retired pay and severance

and separation pay to which entitlement is established under this

chapter.



-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 100; Pub. L. 85-861, Sec.

33(a)(7), Sept. 2, 1958, 72 Stat. 1564; Pub. L. 108-375, div. A,

title V, Sec. 555(b)(1), Oct. 28, 2004, 118 Stat. 1914; Pub. L. 109-

364, div. A, title X, Sec. 1071(a)(6), Oct. 17, 2006, 120 Stat.

2398.)

anthp250 said:
Does anyone know if this applies to Academy cadets who graduated but did not commission because of their medical retirement? Is their retired grade Cadet or Lieutenant/Ensign
Click to expand...
 
Per West Point Regulation (AR 210-26): http://www.apd.army.mil/pdffiles/r210_26.pdf

Per the regulation, looks like you can get a B.S. , but not commisioned if medically separated. So it looks like you would have an up-hill battle. Regs. are guidence to the commander, not law. You may be able to get an exception to policy, but you would need to be real friendly to the Military Academy. Looks like ID Card would show Cadet (E-5), or highest enlisted grade (SGT, SSG...).

To ask for an exception to this policy would require you to find out if the UMA has made an exception to this regulation in the past.


5–3. Graduation and conferring of degree
a.
First class cadets who have successfully completed the requirements of the COI, including the Academic,
Military, and Physical Programs; have maintained prescribed standards of conduct; and who have demonstrated proper
moral-ethical qualities, leadership, and character may receive a diploma signed by the Superintendent, the Commandant,
and the Dean. These cadets will have earned the Bachelor of Science degree and will be designated as graduates
of the USMA.
b.
A cadet who is discharged or separated from the Academy under provisions of this regulation, or for any other
good cause, will not be graduated, awarded a diploma, or commissioned. However, when the Superintendent proposes
that a cadet be separated for failure to meet medical retention standards under paragraph 4–6 of this regulation, and
when the Academic Board determines that the cadet successfully completed all requirements of the Academic, Military,
and Physical Programs, the Superintendent may approve graduation and the award of a diploma with a Bachelor of
Science degree. Such a cadet will not be commissioned. If the medical separation is not approved, the cadet will be
commissioned under paragraph 5–4 of this regulation.
 
You must log in or register to reply here.
Top