Navy Mustang
PEB Forum Regular Member
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
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