10 U.S. Code § 1372

GUNS'N'STUFF

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Can you all help me with this code: 10 U.S. Code § 1372. It is confusing, if I am medically retired ten years after being out from a successful petition to the BCMR then is my rank adjusted under paragraph (1)(3) because I was unlawfully taken off a medical board and then, or paragraph (1) (1) or a combination of both. For the sake of clarity let's say that that ten year period and I am retired PDRL since that is when my name is placed on the retired list and had it not been for the disability and neglect of the command I might have been able to stay my career and hence retired and grade retired to SSGT from SGT or something like this? Previous inquiry thread was about credible service and I think under other presumptions of law that would also apply. Enlisted. Anybody been through this, any advice when I am to brink this to the board, or what until I get to another section of retirement section?
 

tony292

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Once you’re out, there are no more chances for promotion. What 1372 USC means is that say your name came out on a promotion list, and then your found unfit, they must retire you at the higher rank because you would’ve definitely been promoted had you stayed in.

This exact scenario happened to me. Made the list, 3 weeks later went on terminal leave, retirement services office promoted me on my retirement orders and in Deers, so when I got my retired ID card later, rank was updated in the system.
 

GUNS'N'STUFF

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Once you’re out, there are no more chances for promotion. What 1372 USC means is that say your name came out on a promotion list, and then your found unfit, they must retire you at the higher rank because you would’ve definitely been promoted had you stayed in.

This exact scenario happened to me. Made the list, 3 weeks later went on terminal leave, retirement services office promoted me on my retirement orders and in Deers, so when I got my retired ID card later, rank was updated in the system.
Are you 100% sure about that? I am not trying to get into a heated debate here, it is just from my understanding of the below that from my original post - it has nothing to do about being "out", rather the date approved and placed onto the list had it not been for illegal conduct that occurred by my command to remove me from a medical board then essentially going back in and retiring me on that date would make me an exception. I understand your scenario. On the other hand, if they have to go back to my discharge date to retire me, I assume, so then I would see the other side of the coin as you wrote.

(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.
 

tony292

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Are you on TDRL or PDRL? The bottom line is that if you should have been promoted via 1372, that promotion should have happened on your last day of active service. Once retired there is no going back and getting promoted again... there is no mechanism for that and I haven’t heard of a single case that that’s happened...
 

chaplaincharlie

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If you are medically retired and you have a line number on your last day of AD then you get promoted. But it does nothing for your high 3 pay. It is largely symbolic. It avoids what use to happen, the IPEB fooled around until the person pinned on. But again it did nothing to help high-3.
 

GUNS'N'STUFF

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Are you on TDRL or PDRL? The bottom line is that if you should have been promoted via 1372, that promotion should have happened on your last day of active service. Once retired there is no going back and getting promoted again... there is no mechanism for that and I haven’t heard of a single case that that’s happened...
Thanks for your help, the intricacies of law, I already got my rank fixed form the cutting score and was fully eligible. Now, for the rest and as chaplaincharlie brings up above I might see how it will pan out before the IPEB or FBEP, I am not very optimistic, but I have a very unusual case.
 

tony292

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I’m confused on your situation. First post you’re talking about having been medically retired ten years ago, BCMR and now you are talking like you’re going through IPEB and FPEB????

Are you still in service or out? It helps us help you if we know exactly what your status is.
 
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GUNS'N'STUFF

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I’m confused on your situation. First post you’re talking about having been medically retired ten years ago, BCMR and now you are talking like you’re going through IPEB and FPEB????

Are you still in service or out? It helps us help you if we know exactly what your status is.
I am out and trying to correct my discharge to medically retired as I was illegally taken off a medical board, etc.
 
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