Medical Retirement Last day Promotion

Rayakub

Well-Known Member
Registered Member
Good evening fellow service members and veterans,
I’m in a very unique situation and I’m looking for guidance. I was just granted a 80% DOD rating as an E-7 and was told to reach back to my component the “Calguard” for a last day promotion. I have been an E-7 since 2020. My BN has me marked as eligible on a PRR. However State is saying that they can’t find me on the previous promotion cycle’s list. I have 12 days to retire so I reach out to the State IG office for assistance and they’re telling me it’s because my MOS “09L” went away. That made me ineligible to promote. I’ve looked through the entire reg and can’t seem to find anything that says I have to be MOSQ for a last day promotion. Further. The reg states I’d have be informed/notified in writing if I’m removed from the list which I have never been informed of. Has anyone been through a similar situation? TIA!
 
Good evening fellow service members and veterans,
I’m in a very unique situation and I’m looking for guidance. I was just granted a 80% DOD rating as an E-7 and was told to reach back to my component the “Calguard” for a last day promotion. I have been an E-7 since 2020. My BN has me marked as eligible on a PRR. However State is saying that they can’t find me on the previous promotion cycle’s list. I have 12 days to retire so I reach out to the State IG office for assistance and they’re telling me it’s because my MOS “09L” went away. That made me ineligible to promote. I’ve looked through the entire reg and can’t seem to find anything that says I have to be MOSQ for a last day promotion. Further. The reg states I’d have be informed/notified in writing if I’m removed from the list which I have never been informed of. Has anyone been through a similar situation? TIA!
I don't have the answer to your question. I do however, want to point out that it will have no effect on the amount of compensation you receive. So if you do get to retire as a MSG instead of SFC that won't change any of the numbers. Basically you get to say you are retired MSG instead of SFC but thats in name only. Your compensation is based on your highest 36 months of pay divided by 36 to get your HIGH 3 number and your DOD% which is 75% since that is the maximum amount by law you can get regardless if the DOD% is higher.
 
While Provis is absolutely correct, if you still want to fight it maybe this will help.

AR 600-8-19 para 1-24f Per the provisions of 10 USC 1372, Soldiers on a PRR (for the ARNG, the PSL is the OML for position vacancies) or who are established as most qualified or fully qualified for promotion by a HQDA evaluation board who are retired for physical disability (10 USC 1201 or 1204) or who are placed on the TDRL (10 USC 1202 or 1205) at the time of retirement for disability will be retired for disability at the promotion list grade. Per the provisions of 10 USC 1372, Soldiers on a PRR (for the ARNG, the PSL is the OML for posi-tion vacancies) or who are established as most qualified or fully qualified for promotion by a HQDA evalu-ation board who are retired for physical disability (10 USC 1201 or 1204) or who are placed on the TDRL (10 USC 1202 or 1205) at the time of retirement for disability will be retired for disability at the promotion list grade. The Soldier will be promoted effective the day before placement on the retired list or TDRL regardless of cutoff scores, OML/sequence numbers, or position availability. In all cases, the Soldier must otherwise be eligible for promotion in accordance with paragraph 1 – 11 (except for the PME requirement which is waived). For promotion to SGT – SSG, initiate a Special Promotions PAR to Jr. Enlisted Promo-tions Workflow Template 30 days prior to the promotion RED, attach the retirement orders. In all cases, the Soldier must otherwise be eligible for promotion in accordance with paragraph 1 – 11 (except for the PME requirement which is waived). For promotion to SGT – SSG, initiate a Special Promotions PAR to Jr. Enlisted Promotions Workflow Template 30 days prior to the promotion RED, attach the retirement orders

Para 1-24g says the exact same thing about except concerning the PDRL instead of TDRL.

If you look at para 1-11 that is referenced it covers non-promotable status for Regular and USAR only. It references para 6-4 for ARNG.
When you look at para 6-4 Non-promotable status it does not say anything about NDMOSQ. It has a note at the end that states "States are not authorized to add additional disqualifiers to the above non-promotable status."

When they say your MOS "went away" what do they mean by this? Do they mean you lost your MOS for some reason, or do they mean those positions are no longer in your state? If it's because the positions are no in your state then refer them back to para 1-24f & 1-24g that says you will be promoted regardless of position availability. If it's because you lost your MOS then they are right.
 
While Provis is absolutely correct, if you still want to fight it maybe this will help.

AR 600-8-19 para 1-24f Per the provisions of 10 USC 1372, Soldiers on a PRR (for the ARNG, the PSL is the OML for position vacancies) or who are established as most qualified or fully qualified for promotion by a HQDA evaluation board who are retired for physical disability (10 USC 1201 or 1204) or who are placed on the TDRL (10 USC 1202 or 1205) at the time of retirement for disability will be retired for disability at the promotion list grade. Per the provisions of 10 USC 1372, Soldiers on a PRR (for the ARNG, the PSL is the OML for posi-tion vacancies) or who are established as most qualified or fully qualified for promotion by a HQDA evalu-ation board who are retired for physical disability (10 USC 1201 or 1204) or who are placed on the TDRL (10 USC 1202 or 1205) at the time of retirement for disability will be retired for disability at the promotion list grade. The Soldier will be promoted effective the day before placement on the retired list or TDRL regardless of cutoff scores, OML/sequence numbers, or position availability. In all cases, the Soldier must otherwise be eligible for promotion in accordance with paragraph 1 – 11 (except for the PME requirement which is waived). For promotion to SGT – SSG, initiate a Special Promotions PAR to Jr. Enlisted Promo-tions Workflow Template 30 days prior to the promotion RED, attach the retirement orders. In all cases, the Soldier must otherwise be eligible for promotion in accordance with paragraph 1 – 11 (except for the PME requirement which is waived). For promotion to SGT – SSG, initiate a Special Promotions PAR to Jr. Enlisted Promotions Workflow Template 30 days prior to the promotion RED, attach the retirement orders

Para 1-24g says the exact same thing about except concerning the PDRL instead of TDRL.

If you look at para 1-11 that is referenced it covers non-promotable status for Regular and USAR only. It references para 6-4 for ARNG.
When you look at para 6-4 Non-promotable status it does not say anything about NDMOSQ. It has a note at the end that states "States are not authorized to add additional disqualifiers to the above non-promotable status."

When they say your MOS "went away" what do they mean by this? Do they mean you lost your MOS for some reason, or do they mean those positions are no longer in your state? If it's because the positions are no in your state then refer them back to para 1-24f & 1-24g that says you will be promoted regardless of position availability. If it's because you lost your MOS then they are right.
Dave, Thank you for the detailed reply. This is exactly what I have been trying to point out to them. My MOS linguist went away April of 2022. We were given a three year window to reclass but I was MND the whole time and could not go to school. They’re pretty much ghosting me now since I only have few days left. My only option is to go through the Army Board of Corrections which will take at least three years.
 
Top