Officer < 10 years: TERA in lieu of Med Retirement

C

charlienc

PEB Forum Regular Member
Registered Member
Hello Everyone,

I am hoping there is someone else who was in a similar boat as me, because I cannot find a good answer. Even the lawyers seem to disagree with eachother.

I have 16 years active duty USMC, but only 8 are as an officer (prior enlisted).
Statutory requirement for 10 as an officer to be eligible for retirement, but in the past that has been waivable down to 8. That seems to have been removed from the 2018 revision of U.S. Code.

Ostensibly that means I am not eligible to do TERA in lieu of Medical Retirement, but one of the lawyers on my case said "its not technically TERA" and that it is more of a waiver of Med Retirement that is eligible to anyone who has 15+ years at time of PEB unfit findings

The big question I cant seem to find an answer to is whether the fact I'm getting medically (involuntarily) separated allows me to retire at current grade, or whether I would have to revert back to last enlisted rank due to not having 10 years as an officer yet.

Thanks in advance for any insight!
 
If you get medically retired (30% or more) you are retired in your current grade as an officer with your high 3 determine your actual pension. No 10 year requirement.
 
JMATTK said:
If you get medically retired (30% or more) you are retired in your current grade as an officer with your high 3 determine your actual pension. No 10 year requirement.
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Thanks for the reply! Ok, so then VA disability would be separate and in addition to that pension?
 
No. It would be a dollar for dollar offset. Some can be recouped via CRSC if combat related. There’s tons of CRSC info on the boards here.
 
Thanks for all the extra info! I did try to search the forum but didn't seem to catch anything that talked about supposed officer retirement requirements and its distinction from TERA.
 
charlienc said:
Thanks for all the extra info! I did try to search the forum but didn't seem to catch anything that talked about supposed officer retirement requirements and its distinction from TERA.
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Hello, I know little about disability process.

However, rules/laws for TERA stand alone.

Often, disability retirement regs and laws have exceptions to general retirement regs, etc. I believe this to be good advice: “If you get medically retired (30% or more) you are retired in your current grade as an officer with your high 3 determine your actual pension. No 10 year requirement.”

Focus on disability retirement: my opinion. However, one that retires under TERA will qualify for CRDP. WHICH IS A MAJOR BENEFIT’

Ron

edited to add from Army site:
The FY 2012 National Defense Authorization Act (NDAA), Public Law 112-81, enacted 31 December 2011, authorized the military services to offer early retirement to Service members who have completed at least 15 years of active service. This is a discretionary authority and not an entitlement. The Army has elected to use this limited program as part of a comprehensive force management strategy to shape the force. It does not apply to Service members of the Army National Guard or the U.S. Army Reserve. Note: The Army no longer uses TERA.

From DoD Financial Regulation:
2BDoD 7000.14-R
Financial Management Regulation Volume 7B, Chapter 1
* August 2012

B. The Secretary of the Military Department concerned may reduce the 20 years of creditable service requirement to as few as 15 years, under TERA, for retirements during the periods of:
1. December 31, 2011 and ending December 31, 2018 for regular
2. October 23, 1992 and ending September 1, 2002 for regular and
C. The Secretary of the Military Department concerned may also reduce the 10-year active commissioned service requirement to not less than 8 years for retirements during the periods of:
1. January 7, 2011 and ending September 30, 2013; 1-8
retirements only, and non-regular retirements.


January 6, 2006 and ending December 31, 2008; and
October 1, 1990 and ending December 31, 2001.
 
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