Navy Limited Duty Officer 10 year service obligation for officer retirement benefits

Navy Mustang

PEB Forum Regular Member
#1
For Background - I signed my IPEB paperwork yesterday for Bipolar Type II. I'm trying to be found fully fit so I've submitted a rebuttal of the diagnosis (2 docs think it's BS) and have a IPEB rebuttal draft in the works if the findings of the board are anything other than fit.
I have 19 years and 1 month of total active service. Of that time, 12 years 9 months were enlisted service and 6 years 4 months have been commissioned service.

I've been told by JAG and my PEBLO that I will most likely be found "presumed fit" and allowed to finish 20 years and retire. That concerns me because to retire in my commissioned paygrade, I need 10 years of commissioned service (Congress is working on a new 8 year waiver). For reference, Title 10 Sec 6323 states:

(1) An officer of the Navy or the Marine Corps who applies for retirement after completing more than 20 years of active service, of which at least 10 years was service as a commissioned officer, may, in the discretion of the President, be retired on the first day of any month designated by the President.
(2)(A) The Secretary of Defense may authorize the Secretary of the Navy, during the period specified in subparagraph (B), to reduce the requirement under paragraph (1) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary) of not less than eight years.


My question is this: Is there a section of Title 10 (or any other instruction) that covers an involuntary, medical retirement? I understand that if I made a decision to throw in the towel at 20 years I would revert to my permanent enlisted rank for retirement pay calculation, but I'm hoping there is a loop-hole for when the Navy is making the choice and is trying to force me out.



Unfortunately the JAG PEB rep and PEBLO are stumped and the lawyer said we should just wait for the IPEB results to come back and see what happens before he digs in to the books. Knowing if I can retire in my current paygrade will affect my decision on how hard to fight this, so I'd rather found out sooner...



Thanks
Phil
 

Jason Perry

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Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#2
Navy Limited Duty Officer 10 year service obligation for officer retirement benef

Phil,

I think your PEBLO and JAG are wrong on the Presumed Fit issue. That applies when you are scheduled for a non-disability retirement. It does not have to do with reaching 20 years of service. That said, if you are found unfit and medically retired, you will not fall under the above provision regarding years of commissioned service. You will be retired at your highest held grade. Hang on, because there is more....it is to your great benefit to reach 20 years (at a minimum), because you will then be eligible to apply for CRDP (if otherwise qualified).

My instinct is that it is not the diagnosis you have to fight, but rather that you are fit. The other avenue to explore is PLD. Bottom line, I think you need to fight, and fight hard, for a fit finding and return to duty (assuming that the facts of your case support this outcome).

Best of luck!
 

Navy Mustang

PEB Forum Regular Member
#3
Navy Limited Duty Officer 10 year service obligation for officer retirement benef

Thanks... My PEBLO and the JAG haven't filled me with confidence that they really grasp the situation. If I don't get a fit finding, I will do my best to drag this out to 20 years minimum, including petitioning for PLD. I don't want to get out, but concurrent receipt would help lessen the blow.

Phil
 

batcheej

PEB Forum Veteran
#4
Navy Limited Duty Officer 10 year service obligation for officer retirement benef

Sir,

I can give you names and numbers for JAG representatives in Bethesda whose job is to assist members going through the IPEB/FPEB process. PM me if you would like their contact information.
 

Hambone

Registered Member
#5
Navy Limited Duty Officer 10 year service obligation for officer retirement benef

Phil,

I think your PEBLO and JAG are wrong on the Presumed Fit issue. That applies when you are scheduled for a non-disability retirement. It does not have to do with reaching 20 years of service. That said, if you are found unfit and medically retired, you will not fall under the above provision regarding years of commissioned service. You will be retired at your highest held grade. Hang on, because there is more....it is to your great benefit to reach 20 years (at a minimum), because you will then be eligible to apply for CRDP (if otherwise qualified).

My instinct is that it is not the diagnosis you have to fight, but rather that you are fit. The other avenue to explore is PLD. Bottom line, I think you need to fight, and fight hard, for a fit finding and return to duty (assuming that the facts of your case support this outcome).

Best of luck!
Question, I think you answered this already, but I'm having a hard time finding the answer to my question. I'm currently 23 years active duty. I was commissioned 6 years ago as a Navy LDO. One of my doctors mentioned to me about retiring medically (suffering from several problems: PTSD, back, knees, feet, etc...) If I'm medically retired would I get reverted back pay wise to my former enlisted rank since I didn't complete my 10 year obligation for commission service?
 

Hambone

Registered Member
#6
Question, I think you answered this already, but I'm having a hard time finding the answer to my question. I'm currently 23 years active duty. I was commissioned 6 years ago as a Navy LDO. One of my doctors mentioned to me about retiring medically (suffering from several problems: PTSD, back, knees, feet, etc...) If I'm medically retired would I get reverted back pay wise to my former enlisted rank since I didn't complete my 10 year obligation for commission service?
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#7
Question, I think you answered this already, but I'm having a hard time finding the answer to my question. I'm currently 23 years active duty. I was commissioned 6 years ago as a Navy LDO. One of my doctors mentioned to me about retiring medically (suffering from several problems: PTSD, back, knees, feet, etc...) If I'm medically retired would I get reverted back pay wise to my former enlisted rank since I didn't complete my 10 year obligation for commission service?
No, your grade on disability retirement will be the highest grade held (absent reduction for other reasons).
 
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