Promotion upon medical discharge

madmax1

PEB Forum Regular Member
#1
It seems to me that I had read something in the past in regards to being an E-4 promotable and undergoing an MEB. I can't remember but I think the regulation stated that upon ETS after a medical discharge, the soldier will be promoted to the next higher rank, if the soldier was in promotable status. Does anyone have any further knowledge on this?
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#2
madmax,

Yes, this may be possible. As described below, this will not impact your retired pay, but will impact severance pay. This is from the Army PDES Info Paper, published by Army Physical Disability Agency:

"(3) Disability retirement grade: Under 10 USC 1372, the grade at which a Soldier is permanently retired for disability or placed on the TDRL is the highest of the following options: current grade; highest grade satisfactorily held; or the grade to which the Soldier would have been promoted had it not been for the disability retirement. The latter option includes those on a promotion list who have met any required cut-off score and those who have met the time requirements for an automatic promotion. For Soldiers who entered the military after
7 September 1980, retirement at promotion-list grade will have no impact on retired pay. This is because they fall under the high-36 month average of basic pay instead of final basic pay. Actual promotion is not required to be retired at promotion-list grade. However, Army enlisted promotion policy allows promotion on the last day for those whose promotion eligibility date is after the disability retirement/separation date. Officers are retired at promotion list grade without actual promotion because officer promotion law is interpreted to preclude promotion ahead of promotion eligibility date.

(4) Grade for disability severance pay: Under 10 USC 1212, the same options as described above pertain to the grade at which disability severance pay is computed. Unlike disability retirement, severance pay at promotion list grade does increase the amount of disability severance pay. Actual promotion reference promotion-list grade is the same as described for disability retirement. "
 

seneca

PEB Forum Regular Member
#3
Sorry, could some one clarify this for me- The promotion board met earlier this year (results aren't out yet), if my husband's name is on the list when its released, but his sequence number hasn't come up by the time he's placed on TRDL, will he get promoted or not? I know it doesn't affect his pay, understand all that, its more about seeing him getting something he rightfully earned. If the answer is yes, is it done automatically, or is there something he has to do?
TIA!
 

nwlivewire

PEB Forum Veteran
#4
So if a SM has time BEFORE 08 SEP 1980, and they are on the promotion list, will their retirment be based on the new rank they get one day before retirement?
 

seneca

PEB Forum Regular Member
#6
Can anyone answer my question? I say its yes, husband says no, I've been tasked with finding the answer :)
Sorry, could some one clarify this for me- The promotion board met earlier this year (results aren't out yet), if my husband's name is on the list when its released, but his sequence number hasn't come up by the time he's placed on TRDL, will he get promoted or not? I know it doesn't affect his pay, understand all that, its more about seeing him getting something he rightfully earned. If the answer is yes, is it done automatically, or is there something he has to do?
TIA!
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#7
"(3) Disability retirement grade: Under 10 USC 1372, the grade at which a Soldier is permanently retired for disability or placed on the TDRL is the highest of the following options: current grade; highest grade satisfactorily held; or the grade to which the Soldier would have been promoted had it not been for the disability retirement. The latter option includes those on a promotion list who have met any required cut-off score and those who have met the time requirements for an automatic promotion. For Soldiers who entered the military after
7 September 1980, retirement at promotion-list grade will have no impact on retired pay. This is because they fall under the high-36 month average of basic pay instead of final basic pay. Actual promotion is not required to be retired at promotion-list grade. However, Army enlisted promotion policy allows promotion on the last day for those whose promotion eligibility date is after the disability retirement/separation date. Officers are retired at promotion list grade without actual promotion because officer promotion law is interpreted to preclude promotion ahead of promotion eligibility date.

(4) Grade for disability severance pay: Under 10 USC 1212, the same options as described above pertain to the grade at which disability severance pay is computed. Unlike disability retirement, severance pay at promotion list grade does increase the amount of disability severance pay. Actual promotion reference promotion-list grade is the same as described for disability retirement. "
I think the above explains it. It sounds like "Yes," if he meets the conditions.
 

seneca

PEB Forum Regular Member
#8
I think the above explains it. It sounds like "Yes," if he meets the conditions.
Thank you very much, that is how I understood it, but DH thought this part: "Officers are retired at promotion list grade without actual promotion because officer promotion law is interpreted to preclude promotion ahead of promotion eligibility date." meant that the answer was no. I hate that I feel like I need a translation for Army speak, appreciate you taking the time to answer my question, thank you.
 

italianguy4

PEB Forum Veteran
#9
so jason...since i was an e-3 when i was put on tdrl..that is the retirement pay i am receiving..not e-4. but say at my re eval...i am given severance pay. i will be given e-4 base pay and not e-3? i only served a year and 8 months before my tdrl placement so i know that minimum for severance now is 3 years in the formula but what would my base pay in the formula be? e-3 or e-4?
 

joshgo

PEB Forum Veteran
#11
so jason...since i was an e-3 when i was put on tdrl..that is the retirement pay i am receiving..not e-4. but say at my re eval...i am given severance pay. i will be given e-4 base pay and not e-3? i only served a year and 8 months before my tdrl placement so i know that minimum for severance now is 3 years in the formula but what would my base pay in the formula be? e-3 or e-4?
Severance pay is computed using the base pay of the current rank held at discharge. If you didn't sew on E-4 before you were placed on TDRL, it would make sense that you would only be paid based on E-3 pay.
 

Niels

PEB Forum Regular Member
#12
So does this apply to soldiers injured during OIF even though they have been released back to Title 32 counter drug active duty orders as well?
 

Michelle13

Registered Member
#13
Forgive me but, I thought there was an exception for someone medically retired who was injured in combat? I'm a newly promoted O4, Oct 2012. My retirement orders cut January 23, 2013, indicated I'm an O3. Shouldn't it reflect the new rank? What about the pay grade for retirement? Will it still be the 36 month rule? I have 24 reserve years, and over 6 years of total retirement points.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#14
Forgive me but, I thought there was an exception for someone medically retired who was injured in combat?
Not sure what you mean...exception to what?

I'm a newly promoted O4, Oct 2012. My retirement orders cut January 23, 2013, indicated I'm an O3. Shouldn't it reflect the new rank? What about the pay grade for retirement? Will it still be the 36 month rule? I have 24 reserve years, and over 6 years of total retirement points.
Yes, if you were promoted, that is the rank you should have on your orders. I would take a copy of your promotion orders to the transition point and request that your orders be changed.

Yes, High 3 or average of 36 months is what your retired base pay calculation should be based on.
 

Michelle13

Registered Member
#15
Good news, my Retirement orders were ammended and my Rank was corrected. I contacted the folks at Walter Reed, the number on the bottom of my retirement orders and sent them this quote.

**NOTE: Disability Separations and Retirements

A Soldier separating for a physical disability receives severance or retired
pay based on the highest of (1) the pay grade at time of separation, (2) the
highest grade satisfactorily served, or (3) the grade to which the Soldier
had been approved for promotion. If the Soldier is not serving in his or her
highest grade or on an approved promotion list to what would have been the
highest grade, the Physical Disability Agency forwards the disability case
to the AGDRB for a determination of whether the Soldier served
satisfactorily at a higher grade.

In the end my retirement orders were ammended to extend my time to transition and reflect my current rank. They key was that the request came from my unit and not me, the Soldier.
 

Copenhagen

Registered Member
#16
Question---I am currently a SSG in the Army, in the IDES System. Does this automatic promotion to the next grade apply for me as well? Thanks a lot!
 

Copenhagen

Registered Member
#18
I am not promotable...I've been a SSG for just underut 3 years now.

However, someone told me a new MILPER message came out stating that TIS and TIG requirements will be waived if being medically discharged. Any truthfulness to this?
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#19
I have never heard of this and it sounds dubious to me. However, if you can post the MILPER message, I will take a look. I would prefer to be wrong on this, but it does not make much sense to me.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top