Regular Retirement or Medical Retirement

A

adonis06

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I am commissioned officer and have over 23 years of active duty service. I will be recommended for a MEB due to second Heat related incident. I had a heat stroke with a core temperature of 108.5 a few years ago and it is documented in my medical records. Last week I had an elevated CK of 7,102. Should I apply for regular retirement or go through with the medical retirement. Right now, I am on NO PT profile, NO MOPP Gear and not available for worldwide assignment. This is all new to me, so any guidance, recommendations and regulations will be greatly appreciated. I just want to ensure I am not screwing myself by going through the medical process.

I have 18 years as enlisted Soldier and 5 years as a commissioned officer. Will I retire at my current grade through the medical retirement?
 
You are eligable for retirement (20 year letter) so you can't lose that. Your last three years would be your high three so you could be promted prior to a MEB/PEB completion process. Since you will be under the Integrated Disability Evaluation System (IDES) you would recieve a Veterans Adminstration (VA) rating and a Military Disability Retirement rating. You would also claim all medical issues (including the ones you have ignored because of our drive on attitude) during the MEB/PEB process so I don't see the down side. Private Message (PM) LTC Parker (maparker) he would be an invaluable resource for you. Good Luck ;)
 
SGT Bob and NDBravehart84, thank you for the quick response. I will send LTC Parket (maparker) a private message today. Again, this is all new to me.
 
adonis06, No Prob.... This site is a life line to us that are going thru this process, Jason and Mike are True Hero's to the Wounded Warriors........:)
 
i have not looked it up in a long time, but i believe that there is a clause under the chapter 61 medical retirement that mentions that you retire at the rank most adventageous to the SDR. if you retire through a normal 20 years retirement you would retire at your highest enlisted rank.
 
He's an Officer, You either retire at the highest rank (old system pre-1981) or the high three..........:rolleyes:
 
I started out enlisted, was commissioned on actice duty, left the service for 12 years then returned to go to Iraq with my sons unit, returned as enlisted and will retire as an officer. :)
 
I am glad to hear that you will retire as an officer. Right now, I am entitled to 57.5 pecent under a regular retirement. If my rating comes back less than 57.5 percent, will I still be medically retired? If yes, what formula will be used to determine my final pay.
 
Here is the code for Grade on retirment for physical disability: members of armed forces 10 U.S.C. Section 1372
 
NDBravehart84 said:
He's an Officer, You either retire at the highest rank (old system pre-1981) or the high three..........:rolleyes:
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i may be off the mark but i believe that you need 10 years of commissioned service to retire as an officer, you may want to look into this carefully
 
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.
 
adonis06 said:
5 years as a commissioned officer.
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I wanted to clarify this for the forum, any prior enlisted officer is subject to the below listed rules with regards to computation of regular retirement pay (i believe that it is now 8 years of commissioned service but i cannot find anything more current)

This is from:

G-1 RETIREMENT SERVICES OFFICE
CSB/REDUX FAQ’s​

Final Pay
Officers who retire under the Final Basic Pay plan with less than 10 years of commissioned service retire in their highest enlisted or warrant officer grade. They receive a percentage of the final basic pay that corresponds to the retired grade and years of service at retirement.

Officers who have 10 years of commissioned service, but who retire before completing the required time in their current officer grade without an approved waiver, will retire at the next lower grade and receive a percentage of the final basic pay that corresponds to the lower grade and years of service at retirement.

High 3s
Commissioned officers who were former enlisted members must serve 10 years as a commissioned officer to retire as a commissioned officer. Commissioned warrant officer service counts toward the 10 years of commissioned service needed.
Commissioned officers with less than 10 years commissioned service who retire as enlisted members with more than 20 years but less than 30 years can’t use any of their officer basic pay in the computation of the average of their highest 36 months of basic pay. They will use the enlisted basic pay corresponding to the soldier’s years of service for the 36 months before retirement. For example, a CPT with 8 years of commissioned service retires as an E-7 on 1 Jul 01 with 20 years of active duty. The highest 36 months of basic pay would be based on one month as an E-7 with over 20 years (1-30 Jun 01), 24 months as an E-7 with over 18 years (1 Jun 99 through 31 May 01), and 11 months as an E-7 with over 16 years (1 Jun 98 through 31 May 99).
 
Green594, I read both verisons. I believe 10 USC 1372 allows me to retire at my current grade. The insert from G-1 is referring to a regular retirement, but I will definitely verify this on my end.

Thanks for the insert from G-1.
 
Mine states " The authority for this approval is Title 10, United States Code, section 1372" ;)
 
I am glad to hear that I should fall under Tiltle 10, United States Code, section 1372.
 
NDBravehart84 said:
You are eligable for retirement (20 year letter) so you can't lose that. Your last three years would be your high three so you could be promted prior to a MEB/PEB completion process. Since you will be under the Integrated Disability Evaluation System (IDES) you would recieve a Veterans Adminstration (VA) rating and a Military Disability Retirement rating. You would also claim all medical issues (including the ones you have ignored because of our drive on attitude) during the MEB/PEB process so I don't see the down side. Private Message (PM) LTC Parker (maparker) he would be an invaluable resource for you. Good Luck ;)
Click to expand...

adoniso6, You can't lose the retirement that you have already earned. Everything else said sound like it works to your benifet to seek a MEB. :cool:
 
I was wondering what ended up happening in this case since I am in a very similar situation. I am commissioned officer and have over 23 years of active duty service. 17 years as enlisted and 6 as a commissioned officer. Recently I was recommended for a MEB due to back issues. I talked to retirement services and they had told me that since an MEB is involuntary and otherwise I would’ve been able to complete my 8 yrs as an officer, I would retire as an officer. Today I was told by my PEBLO that if found unfit for duty I would retire at my last enlisted rank (E-7) because I wouldn’t be able to complete my 8 years after commission. Who is giving me the right information?

Can anyone shed some light on this subject? Any recommendations and/or regulations to look this up will be greatly appreciated.
 
If you are medically retired, you retire at the highest grade held, period.
 
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