Wed: 30% perm retiremen...Thurs: Made E7. What do I retire at?

skills4lou

PEB Forum Regular Member
PEB Forum Veteran
Hi all, I got the results from the IPEB back Wednesday (30% perm. retirement), and Thursday I found out I made MSgt. Yes, irony lives in my house! Anyway, I'll be retired before my line number would come up, so what rank will I be retiring at? And more importantly, which number will they use for the retirement pay calculations? Can anyone point me to the correct regulations that govern this, please?
Thanks!
(tried searching, but can't get anything useful)
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
skills4lou,

You should be retired at the grade of MSgt. Here is the federal law governing this:

§ 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 [10 USCS § 1201 or 1204], or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title [10 USCS § 1202 or 1205], 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.

10 USCS § 1372

However, while this is something to be proud of (and I offer you my congratulations), the not so good news is that this will not impact your retired pay This is because under the high 3 retirement calculation, your pay will be calculated based on the average high 36 months of your pay that you actually received.
 

skills4lou

PEB Forum Regular Member
PEB Forum Veteran
Thanks Jason! Just one thing to clarify though. I won't have 20 yrs in (13.5 active right now), so as I understand it the calculation is
base pay X 2.5% X yrs of service
or
base pay X disability percentage

If that's true, then do they use base pay at TSgt or MSgt?
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
No, the first calculation you cited is an alternate calculation for those with 20 or more years of service. In both calculations, it is not "base pay," but rather, "retired base pay." That is calculated as I described in the last sentence of my previous post (average of high 36 months of base pay).
 

ashasha

PEB Forum Regular Member
Similar boat here, went through an MEB last year, was found unfit with severance, submitted an LAS, was returned to duty and I hit 20 in November. I'm going through my RILO and just found out that I was selected for MSgt as well.

So if they decide to medically retire me at 20 I should retire at the rank of MSgt, but my pay will be based on high 3, right?
 

italianguy4

PEB Forum Regular Member
PEB Forum Veteran
i think i am completely confused...so if i was placed on tdrl at the rank of airman first class..i should be retired at the rank of senior airman? since that is the rank i would have received if it wasnt for disability?
 

ashasha

PEB Forum Regular Member
I don't know how that works, but there was a TIG requirement for you to make SrA so if you met that then I would say yes. For the TIG/TIS stripes (E-2 to E-4) you aren't competing and they're based solely on time; where as E-5 to E-9 you get a line number and are just waiting for your number to come up to pin it on. And that whole thing is based on them staggering it out over the course of a year so that they don't have to pay 6000 people a pay raise all at once, for all intents and purposes you've earned the rank. Heck the Navy let's you wear it right after you are notified and receive a frocking ceremony...you just don't get paid during that time.
 

nicholas.obrien.79

PEB Forum Regular Member
I am also in this perdicment. I am being froked to E-6 PO1(navy) this week.. I am awaiting my results back from PEB. If I get retirement will it be E-5 or E-6 and for severance what would it based off of. Just want to be clear before I start having to process out.
 

Marine32

PEB Forum Regular Member
PEB Forum Veteran
The bottom line here is that if you are already selected to the next rank, and just waiting for your line number to come up, you should retire at the rank you are selected for even if that number doesn't come up before your retirement date; the truth is that it's not really going to matter for pay purposes because they compute your retirement pay using the high 3 method... in other words, one month of retirement pay is only going to be calculated in 1 of those 36 months (3 years) of your high 3. Ita

Italianguy4,
The only way you are going to get the next rank is if you return to duty from TDRL, then they conider the time you would have served if you weren't retired. I'm in the same boat here, but I should have selected for E-7 before I got retired, but when I got injured my RS retired so my fitrep didn't get completed and they didn't even look at my package. I applied to the BCNR when I finally got my paperwork done several months after my retirement, but they agreed to do a remedial if, and only if, I returned to duty from the TDRL... which I am in the process of doing. So I assume my promotion will get back dated to right before I retired. Sorry for rambling on, but you no, you will not be promoted unless you were selected before retirement!
 
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