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Can my CO revoke my TERA package?

lunareclipse3000

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I'm so close to the end. I accepted my PEB findings last week and applied for TERA at the same time. My CO signed my TERA package the same day I had my outbound interview with him. When he realized I may not be around in the next month to stand the CGRI he went straight to S1 and withdrew my package to adjust my requested terminal and retirement dates. Naturally I was in a full on panic but there was nothing I could do. The next day I came in and saw an email stating my package was submitted to MMSR2 with the same requested dates. Im pretty sure there was a miscommunication and my package was mistakenly submitted. Does the CO have any authority to pull it back even though he favorably signed a recommendation letter?

My EAS hasn't changed yet in MOL. At what point am I safe from this bullshit?
 

RonG

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I am unfamiliar with TERA administrative processing for the USMC, but I found the following:

5. Eligibility. In addition to meeting the criteria in paragraph 3, Marines must meet all of the below criteria:
5.A. Must be in the Active Component serving on active duty.
5.B. Must have more than 15 and less than 20 years of active service at the requested date of retirement.
5.C. Must be serving in the pay grades of E6-E8, WO-CWO5, or O1-O5.
5.D. Must not be stabilized for deployment at the time of their requested date of retirement.
5.E. Must not be pending legal action, legal proceedings, administrative separation, or disability evaluation.
5.F. Must meet all other regular retirement eligibility criteria under Ref (c).
5.G. Complete all other service obligations (e.g., time on station, time in grade, continuation pay, education pay-back). Waivers of existing service obligations will be considered on a case-by-case basis, factoring in force shaping requirements and the needs of the Marine Corps.

Reference: LINK <----

Ron
 

lunareclipse3000

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PEB Forum Veteran
I am unfamiliar with TERA administrative processing for the USMC, but I found the following:

5. Eligibility. In addition to meeting the criteria in paragraph 3, Marines must meet all of the below criteria:
5.A. Must be in the Active Component serving on active duty.
5.B. Must have more than 15 and less than 20 years of active service at the requested date of retirement.
5.C. Must be serving in the pay grades of E6-E8, WO-CWO5, or O1-O5.
5.D. Must not be stabilized for deployment at the time of their requested date of retirement.
5.E. Must not be pending legal action, legal proceedings, administrative separation, or disability evaluation.
5.F. Must meet all other regular retirement eligibility criteria under Ref (c).
5.G. Complete all other service obligations (e.g., time on station, time in grade, continuation pay, education pay-back). Waivers of existing service obligations will be considered on a case-by-case basis, factoring in force shaping requirements and the needs of the Marine Corps.

Reference: LINK <----

Ron
Thanks Ron,

I'm free of everything in 5.E. The CGRI is just a commanding generals inspection for collateral duties. Lol I've managed to keep my nose clean so far.

If you were referencing the disability evaluation part, I'm eligible because my PEB is finalized and I've been found unfit.

This medical process has been going on since early 2019. Im just trying to move on and ive had to fight everyone (command, doctors, VA etc...) every step of the way. I dont know how much longer I can take it before I snap.
 

Jason Perry

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I'm so close to the end. I accepted my PEB findings last week and applied for TERA at the same time. My CO signed my TERA package the same day I had my outbound interview with him. When he realized I may not be around in the next month to stand the CGRI he went straight to S1 and withdrew my package to adjust my requested terminal and retirement dates. Naturally I was in a full on panic but there was nothing I could do. The next day I came in and saw an email stating my package was submitted to MMSR2 with the same requested dates. Im pretty sure there was a miscommunication and my package was mistakenly submitted. Does the CO have any authority to pull it back even though he favorably signed a recommendation letter?

My EAS hasn't changed yet in MOL. At what point am I safe from this bullshit?
I am not clear from your post what you actually want. Do you want the TERA retirement? Or do you want the PEB outcome?

Either way, from your thread title, you asked:

"Can my CO revoke my TERA package?"

I think this question reveals several issues. First, TERA is an early retirement authority available to the Service Secretaries (in your case SECNAV), to retire members at 15 years of service for length of service. It is rarely even an option as the services have not usually exercised this option. Whether or not it is even available to any Sailors or Marines, you asked whether your CO could "revoke" your TERA package. He/She is not the decision authority, but he/she can certainly withdraw their endorsement or update it. In any event, as RON G suggested, you don't seem likely to even be eligible for a TERA retirement (if it was available, which I don't think it is).

I don't know all of the details of your case and if the case is that you desire a TERA outcome over your PEB findings and you actually get a TERA retirement, it would be very helpful to others if you post your actual outcome. Best of luck with your case and in the future!


Jason

 

RonG

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Hello @lunareclipse3000 ,
cc: @Jason Perry

Jason brings up some important points.

I was inclined to include in my first reply, but did not, is the fact that TERA is a discretionary authority and not an entitlement.; it is not granted to everyone who applies. It still exists in the USMC per the info I read yesterday.

The Army ended the Temporary Early Retirement Authority (TERA) program. Service members eligible for TERA must have submitted a request through their chain of command by January 15, 2018 for early retirement consideration. The authority to approve TERA was terminated on February 28, 2018.

A "recommend approval" can be withdrawn by a commander; I have seen it done in non-TERA situations.

In any case, I join Jason in wishing you the best of luck in this matter.

Ron
 

lunareclipse3000

PEB Forum Regular Member
PEB Forum Veteran
I am not clear from your post what you actually want. Do you want the TERA retirement? Or do you want the PEB outcome?

Either way, from your thread title, you asked:

"Can my CO revoke my TERA package?"

I think this question reveals several issues. First, TERA is an early retirement authority available to the Service Secretaries (in your case SECNAV), to retire members at 15 years of service for length of service. It is rarely even an option as the services have not usually exercised this option. Whether or not it is even available to any Sailors or Marines, you asked whether your CO could "revoke" your TERA package. He/She is not the decision authority, but he/she can certainly withdraw their endorsement or update it. In any event, as RON G suggested, you don't seem likely to even be eligible for a TERA retirement (if it was available, which I don't think it is).

I don't know all of the details of your case and if the case is that you desire a TERA outcome over your PEB findings and you actually get a TERA retirement, it would be very helpful to others if you post your actual outcome. Best of luck with your case and in the future!


Jason

Thanks Jason,

I'll absolutely create a new thread once all of this is over. The MARADMIN: 135/19 explains in detail the eligibility criteria.

In short, I am eligible due to being found unfit by a PEB and over 15 years of active service. TERA, at least for the Marine Corps, is active until 2025. I think the Marine Corps is the only branch utilizing this as a force shaping tool.
 

Jason Perry

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Thanks Jason,

I'll absolutely create a new thread once all of this is over. The MARADMIN: 135/19 explains in detail the eligibility criteria.

In short, I am eligible due to being found unfit by a PEB and over 15 years of active service. TERA, at least for the Marine Corps, is active until 2025. I think the Marine Corps is the only branch utilizing this as a force shaping tool.
If you have success in getting TERA (which would be good in most instances, because of eligibility for concurrent receipt), then that is all to the good and I think others would benefit from hearing about your success.

Not trying to be a "Debbie Downer" (not sure if anyone remembers that SNL skit), but I think this is the same reference that RonG posted:

"5.E. Must not be pending legal action, legal proceedings, administrative separation, or disability evaluation."

Not sure how or why you would not be disqualified based on the above, but, if it works out for you, good on you. Please do share what shakes out.

Best of luck!! (Both with the process and with your next steps after your service)!!!


(The QR Code was offered up my the Marine.mil website, I thought I would share it to see if it works and if it helps).

qrcode_www.marines.mil.png
 

Provis

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If you have success in getting TERA (which would be good in most instances, because of eligibility for concurrent receipt), then that is all to the good and I think others would benefit from hearing about your success.

Not trying to be a "Debbie Downer" (not sure if anyone remembers that SNL skit), but I think this is the same reference that RonG posted:

"5.E. Must not be pending legal action, legal proceedings, administrative separation, or disability evaluation."

Not sure how or why you would not be disqualified based on the above, but, if it works out for you, good on you. Please do share what shakes out.

Best of luck!! (Both with the process and with your next steps after your service)!!!


(The QR Code was offered up my the Marine.mil website, I thought I would share it to see if it works and if it helps).

View attachment 6418
I think the package gets submitted after IDES is complete. If TERA package is approved then the Soldier is retired via TERA in lieu of medical retirement. At least that's my interpretation based on other posts here. Since IDES is completed the Soldier is not pending a disability evaluation.
 

davidluberti

PEB Forum Regular Member
Registered Member
I think if MMSR-2 has it, you'll be fine. Even if the CO negatively endorses it, you can't go past your retirement date assigned by the PEB. What was that date? Let me know how it goes as we just got slapped with an inspection in May and I'll be gone before then with TERA (fingers crossed)
 

MITvv

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Registered Member
any updates I am just starting my MEB and also going to try and apply for the TERA here shortly. Need advice and info!!
 
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