Can I be promoted if I am medically retiring?

chaplaincharlie

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If your date for promotion/line number comes before your retirement date, yes. But retirement is based on high 3, so a promotion at the time of retirement does nothing for the paycheck.
 

Jax8025

Registered Member
Ok so I need to show my PEBLO my ERB showing I am promotable. Also I am not doing it for pay, just looks better on resume. Thanks Sir
 

chaplaincharlie

Staff Member
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Your welcome. Hope everything work out for you. It should happen automatically, BUT!!!!
 

tony292

PEB Forum Veteran
Don't show it to the Peblo, show it to the retirement services peopleduring transpoc.
 

Jax8025

Registered Member
I am getting a lot of feedback through PM that says I need to complete STEP to get promoted. I am unable to complete ALC because of my profile.
 

tony292

PEB Forum Veteran
Here it is:

10 U.S.C.
United States Code, 2010 Edition
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 69 - RETIRED GRADE
Sec. 1372 - Grade on retirement for physical disability: members of armed forces
From the U.S. Government Printing Office, www.gpo.gov

§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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 104–201, div. A, title V, §577, Sept. 23, 1996, 110 Stat. 2536.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
1372 37:272(d) (104th through 128th words, as applicable to retired grade; and 2d and 5th provisos).
37:279 (less applicability to 37:272(d) (last proviso)).



Oct. 12, 1949, ch. 681, §§402(d) (104th through 128th words, as applicable to retired grade; and 2d and 5th provisos), 409 (less applicability to §402(d) (last proviso)), 63 Stat. 818, 823.
Clause (1) is substituted for 37:272(d) (104th through 128th words, as applicable to retired grade). The words “if his name was not carried on that list” are substituted for the words “whichever is earlier”.

Amendments
1996—Pars. (3), (4). Pub. L. 104–201 substituted “a physical examination” for “his physical examination for promotion”.
 

chaplaincharlie

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No one in their right mind sends you to an ALS slot! But you are protected under 10 USC as quoted above. If your retirement date takes you passed the promotion increment you are entitled to retire at the higher rank. Personnel folks should know this.
 

Note to Self

Registered Member
I am getting a lot of feedback through PM that says I need to complete STEP to get promoted. I am unable to complete ALC because of my profile.
Then chances are you're flagged. If you're flagged, you cannot be promoted. In response to STEP, you received accurate info. Good luck.
 

tony292

PEB Forum Veteran
All I can tell you is that title ten is code 1372 is on your side. I was retired at the next higher grade under title 10, 1372:

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.


My promotion and most others here on this site fall under number 3 above. Meaning for thatbif your name is on a promotion list at the time you are supposed to be medically retired, you then meet criteria for number 3.
 

Nutbrownhare1

Registered Member
Tony,

Good morning sir! I’ve been meaning to ask you some questions pertaining to promotion while in the meb process. Here is my situation:

My pcm has told me he was going to refer me to the meb after years of chronic back issues. I’ve been expecting it since I left my last duty station so it wasn’t a surprise. I recently got my promotable status earlier this month in February, (SPC (P)) so I did my research and as far as I can see I would be promoted to Sgt at the end of my meb process. However, here is the complicated part. My command has decided to flag me for a family care plan I did not submit within the 30 day mark. I pleaded for an additional 30 days but to no avail. Regardless of there decision not to accept my care-plan, I did my due diligence to create one and have it ready for submission to the proper channel ( I’m thiking tds is my only hope at this point, since my command was a bit reluctant to accept it earlier this week). I checked my erb this morning and I see my promotion points are still on my erb along with an XA code. My questions are:

Would I still be promoted to Sgt if medically retired?

Is my status in the meb protecting my promotion status from being taken away?

Finally, as I’ve been reading countless regulations all night (specifically ar 600-8-19 1-10, 1-20) it appears I’d be able to be promoted to Sgt while going through the meb process regardless of ncoes (do not have blc at this time, but have enough points for promotion). Would you be able to provide clarification on this matter if possible?

I appreciate it in advance Sir, have a great day!
 

tony292

PEB Forum Veteran
Im not familiar with the code you mentioned but if your ERB reverts back to a (P) status, then you should be able to take that and a copy of title 10, 1372 to the retirement services people once you get to the point of TRANSPOC processing, this will happen when the PEB is complete and PDA approves, you’ve signed your 199 and have no more appeals.
 

Nutbrownhare1

Registered Member
Im not familiar with the code you mentioned but if your ERB reverts back to a (P) status, then you should be able to take that and a copy of title 10, 1372 to the retirement services people once you get to the point of TRANSPOC processing, this will happen when the PEB is complete and PDA approves, you’ve signed your 199 and have no more appeals.
Tony,

Thank you Sir for the reply, I will most definitely take my ERB to the TRANSPOC once the time comes. I appreciate your insight on this matter!
 

tony292

PEB Forum Veteran
Let us know what happens! If they say no, get your Jag involved and give them a copy of title 10 USC 1372.
 

Ocean

PEB Forum Veteran
Registered Member
Hi Tony,
You seem to understand the promotion conumdrum and hoping u can help me better understand. I, like you, came up for promotion to MAJ during MEB. I was on the select list at time of medical retirement but the published list came out after i was medically retired....i went to my Peblo, my MEB attny retirement section, ombudsman and PDA....etc.... all told me to file a bcmr ....any thought????
 

tony292

PEB Forum Veteran
Ocean,

Since you are out, you’ll have to file with the BCMR. If they do promote you, it will not really benefit you monetarily, it will simply give you the additional rank on retired ID card and possibly an amended dd215.


I was retired at MAJ, but never got real promotion orders, just my rank was MaJ on my retirement orders. My date of rank was my last day on active duty, so no effect on my high 3 calculation. I only wanted it just in case they ever recall me (highly doubtful) so if they do they would have to pay me as a major. That and the personal pride I Had knowing I had done the time and made the cut.

I didn’t get a new ID card for over a year, then went to National Guard ID card office and they looked me up in the system and the rank was updated to MAJ.
 

Ocean

PEB Forum Veteran
Registered Member
Hey Tony,
I am glad you were promoted. My case is before the bcmr. I came in before Sept 1980 as enlisted....so (I think) would mean a jump in pay....any thoughts ???
 

Ocean

PEB Forum Veteran
Registered Member
Hi Tony,
Findings from bcmr, was a nada on promotion. I am hoping others on this site might have some thoughts.....
The bcmr Analyst noted i was on a select list at time of retirement, and on published list after retirement but i was medically retired before the list went through senate confirmation, and promotion to MAJ, requires senate confirmation.....I made it to the published list that was due out before i was medically retired but for whatever reason the list was delayed and not actually published until after i was medically retired....In my case, promotion to MAJ would have provided an increase in pay because my entry into service was before 1980....Not sure how i will proceed at this point other then show i should of have been on a earlier promotion list. Unfotunately as a reserve component soldier, my unit did not understand the policy/regs and delayed submitting my promotion packet by several years claiming i was not promotable due to the injury....
 

tony292

PEB Forum Veteran
I’m not sure how you would proceed either. My list came out just before thanksgiving 2015. I went on terminal leave 15 dec, 2 weeks later with retirement orders that said MAJ and a dd214 that said MAJ. All I did was forward a copy of the list and copy of 10 USC 1372 to the retirement services office. I’m not sure when my list was senate confirmed.
 
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