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Severance pay paid at wrong rank???

prob52

PEB Forum Regular Member
Registered Member
Hello,

I was medically discharged 23Jun2011. During my the time I was getting Med boarded I was demoted from E-5 to E-4 . Because of the conflict of pay grade my peblo had to send a grade determination to the Secretary of the Air Force on 23 Feb 11. When she called to tell me she had and answer she told me that the SEC of the AF said the grade would be E-4/. TODAY, When looking on the ebenifits page today I requested all my military documents. I seen the request for grade determination on 23 Feb 11, the very next page I see the response from the Secretary on 03 Mar 2011, it reads " The Secretary of the Air Force finds Senior Airman "Me", served satisfactorily in the higher grade of staff sergeant (E-5) within the meaning of Section 1212, Title 10, United States Code. This action is taken under the authority delegated by the Secretary of the Air Force." Thin its signed by Kennth S. Klein Colonel, USAF , Director.

After reading the Section 1212,Title 10 "(B) Twice the amount of monthly basic pay to which he would be
entitled if serving (i) on active duty on the date when his name
was placed on the temporary disability retired list or, if his
name was not carried on that list, on the date when he is
separated, and (ii) in any temporary grade or rank higher than
that described in clause (A), in which he served satisfactorily
as determined by the Secretary of the military department or the
Secretary of Homeland Security, as the case may be, having
jurisdiction over the armed force from which he is separated.

I believe I should have been paid at the E-5 pay grade. Am I wrong? Can anoyone point me in the direction on where to get this fixed?
 

NDBravehart84

PEB Forum Regular Member
PEB Forum Veteran
Hello,

After reading the Section 1212,Title 10 "(B) Twice the amount of monthly basic pay to which he would be
entitled if serving (i) on active duty on the date when his name
was placed on the temporary disability retired list or, if his
name was not carried on that list, on the date when he is
separated, and (ii) in any temporary grade or rank higher than
that described in clause (A), in which he served satisfactorily
as determined by the Secretary of the military department or the
Secretary of Homeland Security, as the case may be, having
jurisdiction over the armed force from which he is separated.

I believe I should have been paid at the E-5 pay grade. Am I wrong? Can anoyone point me in the direction on where to get this fixed?


I assume your Legacy and that you were medically discharged with serverance, is this correct?
 

prob52

PEB Forum Regular Member
Registered Member
I dont know what Legacy is, but yes i was medically discharges with severance pay.
 

NDBravehart84

PEB Forum Regular Member
PEB Forum Veteran

prob52

PEB Forum Regular Member
Registered Member
Thanks Braveheart for the link. I called DFAS direct line not 800# (216-522-5096) since Im air force, the automade # options you follow to get to the right person are ( 2,2,1,1,0) this morning and got directed to a supervisor. She said to email her my documentation and she would see if she could fix it personally. Now waiting for her respons. I will keep this post updated.
 

NDBravehart84

PEB Forum Regular Member
PEB Forum Veteran
Thanks Braveheart for the link. I called DFAS direct line not 800# (216-522-5096) since Im air force, the automade # options you follow to get to the right person are ( 2,2,1,1,0) this morning and got directed to a supervisor. She said to email her my documentation and she would see if she could fix it personally. Now waiting for her respons. I will keep this post updated.


OK, But don't put off getting your DD-214 corrected, I know it's a hassle but it needs to get done. :D
 

Djbloom

Member
Registered Member
i just had a similar issue today. i got demoted twice for pt from E5 to E3 with a med condition my doc has told my cc was out of my control. after a review at safpc it was determined that i receive medically separation and severance pay under title 10 sec 1203 and furthermore under section 1212 it was determined by the Secaf that i served satisfactory in the grade of E5 and authorized to separate at that grade with disability and severance pay. my mpf states that i cannot have E5. i was just wondering if anyone else had this issue. i mean i have the letter stating im an E5 upon separation but mpf says no your an E3 you just get the disability severance as an E5. also does this mean my dd 214 is gonna say E3.
 

scoutCC

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
The way I read it, the DD214 should reflect E3. The section 1372 is what requires a rank restoration, and it only applies to retirement, for separation it requires the pay be based on the correct rank, not that the rank itself be restored. I'm not positive by any stretch, but doesn't sound like you can fix the DD214
I think I understand why it'd be important to get the DD214 to show the correct rank, but I think the correct route would have been to appeal the reductions. Perhaps there the GCMA can restore the rank? At the end of the day I'd feel you'd be honest if you told people you were an E5 and if anyone ever needed to see the DD214 you had it to provide the paperwork to show you were really an E5. Treat it like a DD215. Likely it won't really come up though.
 

marioa

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
This is an old thread but it's interesting because I was put on TDRL as a corporal (E4) but had previously served 3 years as a SGT (E5). I just received word that I was going to be separated and received separation pay. I'm curious now if I'm going to get paid as an E5 rather than an E4. Sure would be nice to get the benefit of the doubt and get the E5 pay!
 
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