Announcement

Announcement Module
Collapse
No announcement yet.

Retiring at the highest grade held

Page Title Module
Move Remove Collapse
X
Conversation Detail Module
Collapse
  • Filter
  • Time
  • Show
Clear All
new posts

  • Retiring at the highest grade held

    If you served honorably as a warrant, had a total of 15yrs of warrant service and over 10yrs active duty as a warrant but enlisted for your final 6 yrs of active duty in the guard, what is the regulation that covers if you can retire as the highest rank held or not?

  • #2
    Re: Retiring at the highest grade held

    http://www.ngbpdc.ngb.army.mil/

    Ask your local IG

    You should be good.

    http://www.militaryonesource.mil/MOS/f?p=MOS:HOME:0::::

    Comment


    • #3
      Re: Retiring at the highest grade held

      Originally posted by fmcityslicker View Post
      That's what I thought, but they are saying unless I can find a regulation or law that says that, I will be retiring as an E7. Since when has it become the soldier's responsibility to find the regulations that pertain to an administrative problem? But given the pay difference between W3 and E7, I'm digging and could use all the help I can find. Also looking into withdrawing my request to retire until this can be resolved, but that will be next to impossible in the next 2 days.

      Comment


      • #4
        Re: Retiring at the highest grade held

        I though I'd do some digging. I can't find anything in any Army Regulation, but I did find something in US Law.

        10 USC Sec. 1371states Unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or reserve warrant officer grade, if any, that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary, for a period of more than 30 days.

        I don't know if this pertains to you, but I thought I'd throw it out there.
        Last edited by 11BSoldier; October 30th, 2012, 10:10 PM.

        Comment


        • #5
          Re: Retiring at the highest grade held

          According to the Chief of staff for my state, that doesn't count. They will not entertain retiring me under an officer section of the code as I am currently serving in an enlisted grade. I agree that that is the section that I should be retired under, but since I'm no longer a warrant, I obviously have stopped being capable of complex thoughts in their eyes. My warrant time, 17 years with over 18yrs time in service at the time of my records being "Misplaced", does not allow me to retire at that grade nor with that pay. They now state that high 3 means the pay as it was paid on that date and not by the current pay scale, so no they will not pay me as a retired warrant either. Nor will they revoke the retirement order until this can be satisfactorily resolved. The Chief of staff's position is that the fact that I was misinformed "as I'm sure they wouldn't just lie to me", is not grounds to revoke the retirement order so we can fix my records and allow me to retire at my previous rank nor does he see any way to retire me as a warrant since I only have 29 yrs and a few days total time in service.

          As of right now, I can't think of any time where I have felt so dumped on by the service that I have made my life. I am still weighing my options, but I do know that this is far from over. But now is not the best time for me to decide the next step as right now I really don't care how anything I might do would make the Gaurd look, and I still have hope that someone will get their head out of their third point of contact and do the right thing.

          Comment


          • #6
            Re: Retiring at the highest grade held

            Originally posted by SNOC View Post
            According to the Chief of staff for my state, that doesn't count. They will not entertain retiring me under an officer section of the code as I am currently serving in an enlisted grade. I agree that that is the section that I should be retired under, but since I'm no longer a warrant, I obviously have stopped being capable of complex thoughts in their eyes. My warrant time, 17 years with over 18yrs time in service at the time of my records being "Misplaced", does not allow me to retire at that grade nor with that pay. They now state that high 3 means the pay as it was paid on that date and not by the current pay scale, so no they will not pay me as a retired warrant either. Nor will they revoke the retirement order until this can be satisfactorily resolved. The Chief of staff's position is that the fact that I was misinformed "as I'm sure they wouldn't just lie to me", is not grounds to revoke the retirement order so we can fix my records and allow me to retire at my previous rank nor does he see any way to retire me as a warrant since I only have 29 yrs and a few days total time in service.

            As of right now, I can't think of any time where I have felt so dumped on by the service that I have made my life. I am still weighing my options, but I do know that this is far from over. But now is not the best time for me to decide the next step as right now I really don't care how anything I might do would make the Gaurd look, and I still have hope that someone will get their head out of their third point of contact and do the right thing.
            I am 100 percent sure you will retire as a W. I'm not at home and can't pull the reg on my cell. Check at 0900 est and ill have it posted.

            Comment


            • #7
              Re: Retiring at the highest grade held

              Originally posted by 11BSoldier View Post
              I though I'd do some digging. I can't find anything in any Army Regulation, but I did find something in US Law.

              10 USC Sec. 1371states Unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or reserve warrant officer grade, if any, that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary, for a period of more than 30 days.

              I don't know if this pertains to you, but I thought I'd throw it out there.
              Forgot to say thanks for this post.
              I'm not out yet! So after regrouping I sent this section to the Chief of Staff and highlighted the IF ANY and Higher held satisfactorily parts of the code. I also pointed out that no matter which section of code they tried to retire me under the "unless entitiled to a higher retired grade under some other provision of law" would still make this section applicable.

              I still believe in the system and the Guard until they prove unworthy of such faith.

              Comment


              • #8
                Re: Retiring at the highest grade held

                Originally posted by ParalegalNCO1 View Post
                I am 100 percent sure you will retire as a W. I'm not at home and can't pull the reg on my cell. Check at 0900 est and ill have it posted.
                Thanks, I'll be on.

                Comment


                • #9
                  Re: Retiring at the highest grade held

                  Originally posted by SNOC View Post
                  Thanks, I'll be on.
                  Please do, because I don't think what you sent to the chief is the applicable reg.

                  Comment


                  • #10
                    Re: Retiring at the highest grade held

                    Well I'm either retired or not. Nothing like being in the dark. But without a change in thier plan, Per the CoS last night, they were going to retire me as an E7.

                    Comment


                    • #11
                      Re: Retiring at the highest grade held

                      Originally posted by SNOC View Post
                      Well I'm either retired or not. Nothing like being in the dark. But without a change in thier plan, Per the CoS last night, they were going to retire me as an E7.
                      Thanks for reminding me, I am going to pull it up right now.

                      Comment


                      • #12
                        Re: Retiring at the highest grade held

                        Originally posted by SNOC View Post
                        Well I'm either retired or not. Nothing like being in the dark. But without a change in thier plan, Per the CoS last night, they were going to retire me as an E7.
                        OK here is the answer, first in english and then some legal references.

                        Your state may very well retire you as an E-7..however it should not affect your compensation whether your ID card says E-7 or W. Reason being is DFAS is going to do a "high 3" average of your base pay. This means they will use the highest 36 months to calcualte retired pay.

                        You may however, for ceremonial purposes and official correspondance be advance to the highest grade held on the retired list.

                        http://codes.lp.findlaw.com/uscode/10/B/II/369/3964

                        http://arba.army.pentagon.mil/agdrb-overview.cfm

                        http://militarypay.defense.gov/retirement/reserve.html

                        Comment


                        • #13
                          Re: Retiring at the highest grade held

                          And for the record there are slightly different rules to this game for former regular Commissioned Officers.

                          Comment


                          • #14
                            Re: Retiring at the highest grade held

                            Originally posted by 11BSoldier View Post
                            I though I'd do some digging. I can't find anything in any Army Regulation, but I did find something in US Law.

                            10 USC Sec. 1371states Unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or reserve warrant officer grade, if any, that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary, for a period of more than 30 days.

                            I don't know if this pertains to you, but I thought I'd throw it out there.
                            This is not applicable because he is not a warrant officer. He WAS a warrant officer, and is now enlisted. You must apply enlisted statutes.

                            Comment


                            • #15
                              Re: Retiring at the highest grade held

                              Originally posted by ParalegalNCO1 View Post
                              This is not applicable because he is not a warrant officer. He WAS a warrant officer, and is now enlisted. You must apply enlisted statutes.
                              I would disagree, as the terminology used specifically states "IF ANY" when refrencing the warrant grade held the day prior to retirement. So under that situation, if no Warrant grade was held on the day prior to retirement, you would move on to the last part. That part would definately be applicable.

                              But if they don't read it that way, that's how lawyers get rich. I'll simply have to hire one to get it sorted out.

                              Comment

                              Working...
                              X