Promotion SPC to SGT when medically retired?

M

MrSpc

PEB Forum Regular Member
Registered Member
Just signed my 199, permanently retired from the Army National Guard.

Timeline.

Promoted to CPL with a SGT control number. Nov 2020. BLC date Jan 2023.

Failed PHA Dec 2021. Issued perm profile. P3

Feb 2022 laterally moved back to SPC because I was being referred to DES and I couldn’t go to BLC.

IDES started March 2022

Signed 199 May 2023.

A Soldier separating for a physical disability receives severance or retired pay based on the highest of (1) the pay grade at time of separation, (2) the highest grade satisfactorily served, or (3) the grade to which the Soldier had been approved for promotion.

Would I be able to ask for a promotion to E5? I’m not on promotion SGT list for 2022 because I was reduced to SPC from CPL in 2022. I am eligible for the promotion board for 2023 but that is not until Oct 2023.

I understand it won’t affect my pay. I feel like I deserve E5. My unit said they won’t promote me.
 
Guard in the first place is hard. It would not make sense for you to take an E5 billet from someone that is deployable. Did you or did you not attend BLC? Above info is confusing. If you did not, then you don’t qualify and the promotion rules now state you must attend BLC then you’ll get promoted to CPL upon completion, then you get to wait for an E5 billet. So if you are a SPC then that’s where you are supposed to be.
 
Hello @MrSpec

Lateral means relating to the sides of something, or moving in a sideways direction. You were not "reduced to SPC from CPL"; you were laterally moved from CPL to SP4. Same pay grade.

After I finished three years as an AD first sergeant, I was laterally moved to master sergeant, since I no longer served in the previous position. That did not hurt my selection for the next higher rank.

Promotion in the NG without being on the promotion list seems unlikely; however, I am going to punt to @Provis.

Good luck,
Ron
 
Thanks for the information. No I haven’t attended BLC. I didn’t mean reduced. It was a lateral reduction order, it was sideways. What I meant was I was on the promotion list in 2021 and I was selected, then transferred to the unit with the E5 slot as a CPL. I wasn’t put on a promotion list in 2022 because I already had a slot. The board is yearly around Oct. It seems like because I was selected for a E5 slot waiting for BLC, I wasn’t put on the promotion list in 2022 because I already had a slot. If it wasn’t for being in des I would have been sent to BLC and if it wasn’t for being in a slot I would be on the list for 2022

10 U.S. Code § 1372​


(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.

I thought this code would apply to me. I wasn’t just on a promotion list. I was selected. I don’t think I will be in long enough to be put on a promotion list for this year. Do I need to be put on the current list when I’m medically retired or will a past list work. I’m trying to figure out if I should fight for it or not.
 
Re: “I wasn’t just on a promotion list.”

I have never seen a case where a person is NOT on a promotion list and be promoted. Promotion list = been selected.

Perhaps you were incorrectly removed from the promotion list. Recommend you discuss this with the JAG office.

Ron
 
RonG said:
Re: “I wasn’t just on a promotion list.”

I have never seen a case where a person is NOT on a promotion list and be promoted. Promotion list = been selected.

Perhaps you were incorrectly removed from the promotion list. Recommend you discuss this with the JAG office.

Ron
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I was on the list for 2021. And selected with a control number. I’m not on the promotion list for 2022 because I was laterally moved after the board for 2022. The board for 2022 was Oct 2021, and I was moved back to SPC in Feb 2022. The week before I started Ides. It’s very confusing sorry. Caused a gap.
 
Hello @MrSpc

Decades ago, I was the President of several E4 to E5, and E5 to E6 promotion boards in the Army.

Did you appear before a promotion board and ended up with a certain number of points for promotion?

If you were NG or Reserves, the process might be different.

Ron
 
RonG said:
Hello @MrSpc

Decades ago, I was the President of several E4 to E5, and E5 to E6 promotion boards in the Army.

Did you appear before a promotion board and ended up with a certain number of points for promotion?

If you were NG or Reserves, the process might be different.

Ron
Click to expand...
The guard awards promotion slots to the soldiers with the highest points top to bottom on the list. The board just establishes if you meet the point threshold and what position you will be based on your scores.
 
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Thanks…that is informative. Active duty promotion to those ranks is/was based on on the needs of the Army by PMOS, World Wide.

If three finance clerks were needed at grade E5, the cutoff score for that month was set high enough to allow only three promotions world wide. Before circa 1970 or so, a vacancy had to be in the unit where you served. I had a break in service and benefited from the change. I was promoted to SP4 in 1967 and got out for 2 years, but all the other promotions were after the change.


Good luck,
Ron
 
Jag doesn’t know the answer, but he said I need an attorney. It’s so odd. Why would the soldiers just on a promotion list(no blc) be promoted from a medical retirement but not the soldier on the list, then selected for the E5 slot. I ran that 2 mile too quick.
 
Im in similar scenario although im still a CPL and haven't been bumped down to a SPC. My unit wanted me to sign a document to give up my slot but i put disagree on the document and i stayed on the list i just got done with PEB.
 
Being in an E5 billet is not the same as being on the promotion list. They do +1 and -1 for each spot. So you as a SPC/CPL or a SSG can fill that E5 billet. Guard is a lot harder to check those boxes for promotion.
 
SSG Drift said:
Im in similar scenario although im still a CPL and haven't been bumped down to a SPC. My unit wanted me to sign a document to give up my slot but i put disagree on the document and i stayed on the list i just got done with PEB.
SSG Drift said:
Im in similar scenario although im still a CPL and haven't been bumped down to a SPC. My unit wanted me to sign a document to give up my slot but i put disagree on the document and i stayed on the list i just got done with PEB.
Click to expand...
Nice. Use AR 635-40. In my state you can’t hold a CPL unless you’re on the promotion list for E5. You also can’t be on the promotion list if you hold a E5 slot either. I get it. Anyone can be appointed CPL. Doesn’t sound like that is our case. They used I couldn’t complete BLC as my reason. My congresswoman said she would help inquire if JAG can’t figure it out.
Click to expand...
 
MrSpc said:
Promoted to E5 two days before retirement to PDRL. 10 USC 1372. Never give.
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@MrSpc

Congratulations!

Reference: From one of your earlier posts "... selected for the E5 slot. I ran that 2 mile too quick."
Memory: Last APFT in 1991, when I was 45 years of age-- 11:45 on 2-mile run (6'2" and 190 pounds)

Ron
 
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