Question Regarding Promotion Last Day of Service

50crushplan

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So here is a new one to me. I was turning in my paperwork for my orders at the transition office today and the lady looked at my ERB and noticed I was promotable. She said on my last day before terminal leave I will be promoted to E6 and my transition leave will be paid at that rate. Does this mean my severance will be paid at the higher rate as well now? Thank you for all of your input.
 

chaplaincharlie

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Disability severance pay is a one-time lump sum payment. The amount equals 2 months of basic pay for each year of service which includes active service and inactive duty points, but the total service years cannot exceed 19 years. Additionally, the minimum number of years required for computation purposes is six years for a disability incurred in the line of duty in a combat zone, or 3 years in the case of any other member. Prior to January 28, 2008, a maximum of 12 years and minimum of three years creditable service was used.
 

gsfowler

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So here is a new one to me. I was turning in my paperwork for my orders at the transition office today and the lady looked at my ERB and noticed I was promotable. She said on my last day before terminal leave I will be promoted to E6 and my transition leave will be paid at that rate. Does this mean my severance will be paid at the higher rate as well now? Thank you for all of your input.
Technically no, because your severance pay amount will be calculated by finance just prior to the leave calculation. Once you do you final out-process with finance you will know exactly what you are getting.
 

tony292

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10 USC 1372: Grade on retirement for physical disability: members of armed forcesText contains those laws in effect on January 4, 2019
From Title 10-ARMED FORCES
Subtitle A-General Military Law​
PART II-PERSONNEL​
CHAPTER 69-RETIRED GRADE​
Jump To: Source CreditAmendments

§1372. Grade on retirement for physical disability: members of armed forces

Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:
(1) The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired.
(2) The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.
(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.
(4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination.
(Aug. 10, 1956, ch. 1041, 70A Stat. 105 ; Pub. L. 104–201, div. A, title V, §577, Sept. 23, 1996, 110 Stat. 2536 .)
 

tony292

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Title 10 USC 1372 is why you are getting promoted on the last day of service.
 

50crushplan

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Thank you. However it does not mention whether or not you are to receive the new grades pay. Do you happen to know? The transition lady was telling me I would get paid that grade for terminal leave and ptdy.
 

gsfowler

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You are paid the severance based on 2 months basic pay x your years of service. Your basic pay will be the amount that was on your last LES when they do the calculation.
 

RonG

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Thank you. However it does not mention whether or not you are to receive the new grades pay. Do you happen to know? The transition lady was telling me I would get paid that grade for terminal leave and ptdy.
It “should be” computed at the rate applicable as of your last day of active duty. It very well might be incorrectly computed as shown above due to the info available at the time of computation.

Please report what develops. Back in the Stone Age, all the necessary info such as orders, etc., was available at time of manual computation.

Ron
 

50crushplan

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It “should be” computed at the rate applicable as of your last day of active duty. It very well might be incorrectly computed as shown above due to the info available at the time of computation.

Please report what develops. Back in the Stone Age, all the necessary info such as orders, etc., was available at time of manual computation.

Ron
Thanks guys. I am gonna harp on them at finance and do like I always do and take matters into my own hands. After 12 yrs in the army I know not to just "trust the process" lol.
 

RonG

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Thanks guys. I am gonna harp on them at finance and do like I always do and take matters into my own hands. After 12 yrs in the army I know not to just "trust the process" lol.
It always good to be proactive...

Good luck,
Ron
 

RonG

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Additional information likely known by most.

Army Regulation 600-8-19, 1–20. Promotion of Soldiers in the Disability Evaluation System
Per the provisions of 10 USC 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade. Further, the Soldier will be promoted effective on the Soldier’s separation date.

The personnel and finance systems within the Army were combined via the Integrated Personnel and Pay System- Army (IPPS-A) after my retirement. That system might have the capability to electronically schedule your promotion for your last day of active duty. Your separation orders should reflect the new rank.

Ron
 

50crushplan

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So if I am reading this correctly I will get e6 severance as opposed to e5? Thanks for finding that!
 

RonG

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So if I am reading this correctly I will get e6 severance as opposed to e5? Thanks for finding that!
If done correctly, the computation will use the new rank (SSG/E6). The systems differ from when I retired in 1991 so I am not familiar with the current coordinating actions involved.

Your effective date for promotion will be your last day on active duty, not the date you begin terminal leave. However, they might pin your rank before you depart. I suspect your separation orders will show your new rank. BTW, those orders should be safeguarded just as your DD 214.

Please report how this works out for you.

Good luck,
Ron
 

tony292

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The problem with these computations is that it will be based on high 3, basically your last 36 months of service. So making E6 on the last day won’t help much, it may get you a raise during your terminal leave but it’s not going to change the computation much.

Having said that, I encourage anyone wanting to raise thier retired pay to draw the MEB/PEB process out as long as they can. Mine took over a year and each additional month was adding a month of computing at O3E over 18 and taking away a month from O3E over 16. Not a huge increase month to month but a good increase over a period of time, 14 months of IDES.
 

tony292

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Sorry, I just realized that you are getting severance pay and not retirement... my mistake... it may very well give you a good raise in separation pay!
 

RonG

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Good catch Tony...

Disability Severance Pay is a one-time, lump sum payment and is computed as follows:

  • 2 x basic pay for applicable grade x years of service (subject to minimum 3 or 6 years) not to exceed 19 years.
  • Applicable grade is the highest of the following:
    • Current grade.
    • Highest grade satisfactorily served.
    • Grade to which the Soldier would have been promoted had it not been for the disability for which he is being separated. This is colloquially referred to as, "promotion list grade."
 

gsfowler

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Here is the regulation (DoD 7000-14-R Financial Management Regulation Volume 7A, Chapter 35, pages 21-22, 350503., Computation, C, 4.)


350503. Computation

C. Grade at Which Disability Severance Pay is Computed. Compute severance pay on basic pay of the following highest grade or rank described:

  1. The grade or rank in which the member is serving at separation;
  2. The permanent Reserve grade held at separation;
  3. The highest temporary or permanent grade or rank in which member served satisfactorily as determined by the Secretary of the Military Department concerned; or
  4. For those selected for promotion, if the disability is found during a physical examination, then the grade or rank to which the member would have been promoted if there was no disability.
 

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187thINF

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10 USC 1372: Grade on retirement for physical disability: members of armed forcesText contains those laws in effect on January 4, 2019
From Title 10-ARMED FORCES

Subtitle A-General Military Law​
PART II-PERSONNEL​
CHAPTER 69-RETIRED GRADE​
Jump To: Source CreditAmendments
§1372. Grade on retirement for physical disability: members of armed forces

Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:
(1) The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired.
(2) The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.
(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.
(4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination.
(Aug. 10, 1956, ch. 1041, 70A Stat. 105 ; Pub. L. 104–201, div. A, title V, §577, Sept. 23, 1996, 110 Stat. 2536 .)

Hi Tony; congratulations.

I was going over tread and I figured to bounce of some Q&A to you. Appreciate your fill in on this matter...



***Need Experience and Expertise on the Following**


I'm new at this site; and thank you all for your service.

This is my current situation;

Current M-day Soldier; with 20 years this August 2019; this is a combination of Active and National Guard with multiple deployments.

1. I am rated at 40% VA (tendonitis; and lower back (herniated disc) due to carrying rucksack as a grunt/scout. I also, have a pending skin condition; and mental that I've developed throughout the years of being in the service; loosing a Sniper buddy etc. The two claims (skin, mental) is currently with the VA and will likely take 6-18 months before I get my C&P. VA denied my mental and skin condition, which I got a lawyer involved, will not take the chance.

2. If I fail to promote by August; I will likely be removed from the military; as I've reached my maximum time in grade/TIS. Promotion will not likely happened, due to my mental health; my security clearance stripped to less than interim security clearance due to suicidal ideation.

3. I've observed my conditions getting worst, and is affecting me daily, including a monthly follow-up with the VA because one of the medications that I've taken for the last year; has thrown my cholesterol level all over the place; and often causes headache, and at times being in bed for a whole day; at times, I just feel like ending it all; the only thing that's keeping me afloat is my two little girls ages 7 and 9.

4. Goal: 30% medical disability.

Question;

1. Should I move forward with PEB/MEB prior to mandatory removal? Otherwise, I will be removed and will not have the opportunity to go through PEB/MEB.

2. With the pending VA claims; will PEB/MEB take the pending medical conditions into consideration? Although, I have not been rated by the VA?


Appreciate your fill-in or any other experts in the forum.
 

tony292

PEB Forum Regular Member
PEB Forum Veteran
1. Yes definitely go throug IDES, they should be required to extend you while you’re in ides.

2. If you are IDES and not legacy then dod is required to use the same ratings as VA. But get a competent lawyer and do a lot of your own research, don’t trust that it will all work out.
 
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