Medical retirement - officer less than 10 years

Migraines said:

Hi! Potentially about to go through a unique that I could use some perspective on.

I have over 10 years in service with about 5 years as an officer, the rest were enlisted. All guidance regarding retirements for officers states the member has to have 10 years as an officer or waiverable to 8. I am worried that if I am medically retired my retirement pay will be based off my last held enlisted rank, which will be a significant drop. Assuming I am medically retired will I maintain the retirement pay of O3E or will it revert to E6?

Seeing as I am not resigning my commission by choice its hard to find a clear answer. Any hard references would be very helpful!

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Your retired pay will be be based on your average high three base pay, regardless of rank.
The high three is the total of your highest 36 months of pay divided by 36.
Ref: https://comptroller.defense.gov/Portals/45/documents/fmr/Volume_07b.pdf <—-Link

Ron

RonG said:

Your retired pay will be be based on your average high three base pay, regardless of rank.
The high three is the total of your highest 36 months of pay divided by 36.

Ron

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Ron,

Thanks for the reply! There's quite a bit of contradicting guidance on this. I know that's the normal guidance but doesn't quite apply to my situation.

10 U.S. Code § 9311 - Twenty years or more: regular or reserve commissioned officers states 10 years of commissioned service not waiverable below 8. No mention of chapter 61.

Here's several other supporting articles.

Long story short, it's a bit concerning and I'm just looking for solid guidance.

I think you are speaking about a regular retirement and certain requirements for Officer status.

I wrote about disability retired pay computations.

You might be retired as a SSG (I do not know), but the computation of retired pay uses the high three in your situation.

When I retired in 1991, FINAL PAY was used.

Feel feel to ask others.

Ron

•edit removed•

No worries, ultimately it will shape how hard I would be fighting the final decision. I've seen documentation suggesting pay would revert back to high three of highest enlisted rank held but those scenarios seem to be someone over 20, with less than 10 commissioned. It just doesn't specify "medical retirements" outright in what ive found. Your attachment seems to address it a little better, but I can't seem to shake the lack of specificity. Unless I'm just missing something.

You 1000% will get retired as a captain. Source: me. Just retired as O3E, medically.

That's super reassuring! And you had less than 8 years as an officer? No additional forms or anything?

Mind if I pm you?

Sent

@Migraines

DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 1 *June 2022

6.1.6. Grade on Retirement for Physical Disability. Unless entitled to a higher grade under some other provision of law, members of the Armed Forces who retire for disability are entitled to the highest of:


6.1.6.1. The grade or rank in which serving when placed on the Temporary Disability Retired List or, if not carried on that list, on date of retirement;
6.1.6.2. The highest temporary grade or rank in which member satisfactorily serves, as determined by the Secretary of the Armed Force from which he or she retired;
6.1.6.3. The permanent Regular or Reserve grade to which the member would have been promoted had it not been for the disability for which the member is retired that was found upon physical examination; or
6.1.6.4. The temporary grade to which the member would have been promoted had it not been for the disability for which the member is retired, if eligibility for that promotion was required based on the cumulative years of service or years of service-in-grade, and the disability was found upon physical examination.

Ron

Ron thats pretty cut and dry - coupled with the other anecdote I've seen today I'm feeling alot better about the whole situation. Thanks a ton!

Medical retirement is different. You will be okay as others have stated above. High-3 applies.

JMATTK said:

You 1000% will get retired as a captain. Source: me. Just retired as O3E, medically.

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would this be the same if it wasn't medical? As in the high-3 pay based on being an officer having 20 years of service but less than 8 years as an officer?

chaplaincharlie said:

Medical retirement is different. You will be okay as others have stated above. High-3 applies.

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So in the event, that it's not medical, then the high 3 will be based on enlisted pay?

Steve81 said:

So in the event, that it's not medical, then the high 3 will be based on enlisted pay?

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The high 3 is always based on highest 3 salaries. However, the rank could be enlisted.

High 3 still applies to most people with a regular retirement.

JMATTK said:

You 1000% will get retired as a captain. Source: me. Just retired as O3E, medically.

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Can I PM you? I know this is old but I am facing a similar situation

Yes sir

Thank you for your reply! I have almost 24 years of service, commissioned at 16 years of service. I have been on insomnia medicine for over 5 years resistant to just about everything, now getting neck injections for cervical stenosis. My PCM has mentioned the possible referral to MEB, I am just worried that I won’t be able to retired as a captain, I’m also due for MAJ promotion (board just convened), I have 11 deployments and I have not been this anxious ever and I am just overthinking it. My other friends have told me to just go ahead and ask to be refer to MEB PEB evaluation? Thoughts?

You will absolutely be retired as a captain and if you’re on a promotion list to Major, you will be promoted to Major on your last day of active duty.