Posted on Jul 7, 2014
Army offering Prior Service enlisted officers 15 yr early retirement: What say you?
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In an expanded effort to slim down the force, the Army is offering more 15-year retirements to officers with prior-enlisted service.
Army Secretary John McHugh, in a June 17 directive, granted early retirements to prior-enlisted officers with eight years or more commissioned service. Previously this voluntary separation was only available to prior-enlisted officers with at least 10 years of commissioned service. Warrant officers are not eligible.
These officers are only retirement eligible if they have 15 years of active-duty service.
As of May 30, there were 256 active-duty officers with eight years of commissioned service who qualify for the early retirements, and 176 with nine years who are eligible.
The 15-year retirement option is officially called the Temporary Early Retirement Authority. Congress authorized its use in 2011 as a force management program to be used through Sept. 30, 2018.
McHugh OK’d it for the Army in 2012 as the service prepared to launch a series of retention screening boards for officers and senior noncommissioned officers of the Regular Army and Army Reserve.
Before now, the use of TERA had been restricted to people identified for separation by involuntary release boards and those who have been passed over for promotion.
The special program allows soldiers with at least 15 but fewer than 20 years of active service to receive the same benefits as those who retire with 20 or more years of service, except that their retirement pay is reduced accordingly.
Before McHugh’s June 17 directive, it was possible for prior-enlisted officers to retire with only eight years commissioned service, but it required a waiver. The new rules are effective through Congress’ 2018 deadline.
Soldiers who have 18 to 20 years of service, and who are in the retirement lock-in category of federal law, may not be discharged unless recommended by a court-martial convening authority, and approved by the assistant secretary of the Army for manpower and reserve affairs.
The Army has Congressional authority to ease the retirement lock-in rule — requiring colonels and lieutenant colonels to serve at least three years after promotion to retire in those ranks — but McHugh has not yet decided to use it.
The Army recently increased the retirement lock-in for promotion to the senior NCO ranks from two to three years.
Staff writer Jim Tice contributed to this report.
Army Secretary John McHugh, in a June 17 directive, granted early retirements to prior-enlisted officers with eight years or more commissioned service. Previously this voluntary separation was only available to prior-enlisted officers with at least 10 years of commissioned service. Warrant officers are not eligible.
These officers are only retirement eligible if they have 15 years of active-duty service.
As of May 30, there were 256 active-duty officers with eight years of commissioned service who qualify for the early retirements, and 176 with nine years who are eligible.
The 15-year retirement option is officially called the Temporary Early Retirement Authority. Congress authorized its use in 2011 as a force management program to be used through Sept. 30, 2018.
McHugh OK’d it for the Army in 2012 as the service prepared to launch a series of retention screening boards for officers and senior noncommissioned officers of the Regular Army and Army Reserve.
Before now, the use of TERA had been restricted to people identified for separation by involuntary release boards and those who have been passed over for promotion.
The special program allows soldiers with at least 15 but fewer than 20 years of active service to receive the same benefits as those who retire with 20 or more years of service, except that their retirement pay is reduced accordingly.
Before McHugh’s June 17 directive, it was possible for prior-enlisted officers to retire with only eight years commissioned service, but it required a waiver. The new rules are effective through Congress’ 2018 deadline.
Soldiers who have 18 to 20 years of service, and who are in the retirement lock-in category of federal law, may not be discharged unless recommended by a court-martial convening authority, and approved by the assistant secretary of the Army for manpower and reserve affairs.
The Army has Congressional authority to ease the retirement lock-in rule — requiring colonels and lieutenant colonels to serve at least three years after promotion to retire in those ranks — but McHugh has not yet decided to use it.
The Army recently increased the retirement lock-in for promotion to the senior NCO ranks from two to three years.
Staff writer Jim Tice contributed to this report.
Army
Officers
Retirement
Posted 10 y ago
Responses: 15
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I like having this option in my back pocket if I survive the OSB, since I will be short 3 months if selected.
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MAJ (Join to see)
I think it is absolute garbage. They should have done a bit more thinking into the issue with prior service officers who have enough time to retire but not enough time for the 8 years like Mike was talking about. They should have lowered the requirement to 6 years for YG 09 officers if they qualify.
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PO1 Edward Markovich
Mike, Choke the system with appeals. You already have 20+, regardless. It's a sorry scenario, but you may have to buy another two years with another deployment, if possible. If you have no other option, start contacting private security firms to transition to immediately.
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CPT Michael Forcier Three months after you original post, I'm sure you've found an answer, but, if not, the answer, clearly, is yes.
http://www.military.com/daily-news/2014/11/14/report-army-officer-cuts-disproportionately-hit-prior-enlisted.html?ESRC=todayinmil.sm
http://www.military.com/daily-news/2014/11/14/report-army-officer-cuts-disproportionately-hit-prior-enlisted.html?ESRC=todayinmil.sm
Report: Army Officer Cuts Disproportionately Affect Prior Enlisted
Almost one in five officers cut in recent months began as enlisted soldiers, a disproportionate number the Army hasn't explained.
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CPT Michael Forcier
Sir, I am still waiting for the answer, but yes that is clearly what the Army is doing. I presented the same question to the Army via a Congressional Inquiry on 29 July and am on the 3rd request for more time to respond from the Army. I argue that what they are doing is not IAW the law.
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MAJ (Join to see)
CPT Michael Forcier Sorry to hear the Army isn't giving you a timely response; can't say that surprises me, though. And I expect that the Army is trying to figure out how to do right by the 101 officers in this situation that you mention---or, rather, I surely hope the Army is trying to do the right thing.
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My opinion, take the early TERA, yes its reduced retirement but it's not without its point of concern. But here's the thing, what if you don't take it and you fall short of reaching sanctuary, who's to say if TERA will be available at your 17th year of service. I saw this happen in 93, these guys wanted to hang on, but got involuntarily separated before they hit their 18th year, there was no retirement, just a severance check. I know, it's a 'shoulda coulda woulda' moment. Something to think about.
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SFC A.M. Drake
SSG Garza you are correct. my thought would be why not offer this to the senior enlisted.
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SSG (Join to see)
SFC A.M. Drake, back in the 90's, when the Army offered VSI/SSB, a lot of good NCOs left, to include the ones who were stagnant in their careers. With the current conflict still going on abroad, might be a reason if they're only limiting it to those with 15 yrs but less than 20. Reshaping boards and especially if you have any derogatory info in your record, make you a candidate for TERA. If E7s and E8s wanted to apply for TERA and they weren't facing a board, thats a large exodus the Army can't afford in the way of a huge MOS/rank imbalance. How many SSG(P) & SFC(P) are available to fill those slots and with the right MOS? MAJ Carl Ballinger brings up a good point, we have the most knowledgeable & experienced combat force, how much of that can we really afford to lose?
Stars & Stripes did an article back in February of this year, that senior enlisted were being targeted by QSP thru 2018 when TERA is supposed to end. The number they kicked around was around 80K, were to be out by 2018; they already started this process back in 2012.
Stars & Stripes did an article back in February of this year, that senior enlisted were being targeted by QSP thru 2018 when TERA is supposed to end. The number they kicked around was around 80K, were to be out by 2018; they already started this process back in 2012.
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SSG (Join to see)
Here's the rate table for TERA too:
http://comptroller.defense.gov/Portals/45/Documents/tera/FY2014-TERA_Rates.pdf
http://comptroller.defense.gov/Portals/45/Documents/tera/FY2014-TERA_Rates.pdf
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SSG Mike Angelo
Yup, I remember real well the Clinton era RIF/TERA severance pay, no ID card, no benefits. It was crazy, talk about a witch-hunt... My hand went up for any assignment, I took it and got out of country. When I got back, alot of good NCOs were gone. My Branch NCO had just received his BS degree and died of a massive heart attack, some got medical boarded, and others took the severance.
The lessons learned here is the military industrial complex design and development under Dick Chaney. He had vision that someday, the RIF would come and hit the military hard, so....that opened up lots of opportunity for military experience contractors.
So if you feel froggy and want to leap out of the active military, now you got a home to go to. Thanks Dick.
The lessons learned here is the military industrial complex design and development under Dick Chaney. He had vision that someday, the RIF would come and hit the military hard, so....that opened up lots of opportunity for military experience contractors.
So if you feel froggy and want to leap out of the active military, now you got a home to go to. Thanks Dick.
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Look forward to DA approval of allowing 15/8 retirement eligible prior enlisted officers to voluntarily retire. I will take 35 % pension with full medical insurance for my family and go get myself a job.
The Army is short of money, why not let me go early to help? I am tired of made up missions to pad senior leadership OERs. Many of them fail to realize that they are not gonna getting promoted. Simple supply and demand. The Army just does not need that many Colonels or flag officers. These empty garrison exercises just kill morale, and no one wants to play because training with no funding is so boring. I cannot believe I am in the field doing nothing two weeks before Christmas.
The Army is short of money, why not let me go early to help? I am tired of made up missions to pad senior leadership OERs. Many of them fail to realize that they are not gonna getting promoted. Simple supply and demand. The Army just does not need that many Colonels or flag officers. These empty garrison exercises just kill morale, and no one wants to play because training with no funding is so boring. I cannot believe I am in the field doing nothing two weeks before Christmas.
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Just another 'tool' to reduce the active force. I anticipate more programs to be announced in the future.
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Absolutely not. 15 year retirements sound great until you do the math and realize you're costing yourself hundreds of thousands of dollars over time.
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Background:
This is my third board of correction. First Record of Proceedings, Docket Number: AR [login to see] 5, Second Record of Proceedings, Docket Number: AR [login to see] 1
Included is plenty of NEW EVIDENCE of how my entire retirement process was CORRUPTED.
This is a little story about four people named Everybody, Somebody, Anybody, and Nobody. There was an important job to be done and Everybody was sure that
Somebody would do it. Anybody could have done it, but Nobody did it. Somebody
got angry about that because it was Everybody's job. Everybody thought that
Anybody could do it, but Nobody realized that Everybody wouldn't do it. It ended
up that Everybody blamed Somebody when Nobody did what Anybody could have done.
This is my retirement story the real names of everybody, somebody, anybody, and nobody are: (ENCLOSURE 1)
There still is no fraud or misrepresentation of this request on my part. This is my THIRD BOARD of Correction. However, there has been numerous administrative determination errors, miscalculations, and misinformation on the part of the entire Army Retirement Services Command and or Human Resources Command, (HRC), to include: Retirement Services Office Ft Riley, KS., MN ARNG, NGB, and Army G-1, and my first two Boards.
I was retired as an enlisted, E-6, from the MN ARNG on active duty, Sanctuary Program in 2012, At Ft Riley Kansas. (ENCLOSURE 2 and 3). I spent the next ten years trying to convince the Subject Matter Experts at MN ARNG RSO, Ft Riley RSO, HRC various departments, Board of Corrections, and NGB that my retirement was not correct. I provided documentation to prove my retirement request was valid.
I have an active-duty retirement. Incorrectly applied Retirement Law that retired me as an enlisted man from Ft. Riley KS.
I held my Active-Duty Commission for greater than 10 years. No law states when you have to hold your commission, i.e. First 10 years, middle 10 years, last 10 years, or some here and some there. Title 10 USC 3911 and 10 USC 3926 do. Since my retirement was based on active-duty service, including my 10 years 7 months or 10 years 8 months of commissioned officer active-duty time from DD214 for that time period.
How do any of you defend that finding that I should be an enlisted man.
From: March 20, 2013 AR [login to see] 5, McDonald, David L.
DISCUSSION AND CONCLUSIONS
An inquiry into the matter revealed on 19 March 2013,
the Army Board for Correction of Military Records (ABCMR), Record of
Proceedings, Docket Number: AR [login to see] 5 rendered a decision on my
request, "correction of his records to show he was placed on the Retired
List in the grade of O 3E (prior enlisted service) vice staff sergeant
(SSG)/E6."
ABCMR concluded, "The evidence of record confirms the applicant, while
serving on active duty as an enlisted member of the ARNG in the rank of SSG,
requested that he be retired based on the completion of 20 years, 1 month,
and 16 days of active-duty service. He was honorably retired on 29 February
2012 under the provisions of Army Regulation 635 200, Chapter 12, by reason
Of sufficient service for retirement.
(You know that is not correct if you ever read Title 10 USC 3911, (ENCLOSURE 4); Title 10 USC 3926, (ENCLOSURE 5); Title 10 USC 1370, (ENCLOSURE 6); the Senators letter to SEC McHugh (ENCLOSURE 7), AR 635-200 CH 12, and AR 600-8-24 CH 6 and understood the sections you would see my point of view.)
As the applicant retired with less than 30 years of active duty
service, he will be eligible to request to be advanced on the Retired List
to the grade of O 3E on 1 March 2022, when his active service plus his
service on the Retired List totals 30 years." If you do not concur with
ABCMR decision, you may re submit your application with new evidence in
accordance with AR 15 185.
(So, a reserve Captain with my military career, gets a better non regular retirement than an active-duty Captain. Because the active-duty Captain in my case, must wait as an enlisted man for 10 years before getting his rank back, (10 USC 3964) (ENCLOSURE 8). While the Reserve Captain with my career, with early drop, for my almost 3 years of Activation Orders can retire at 57 and I get penalized 10 years.)
There are settled ABCMR Cases, I included in my other two Board Corrections. I have included one here: Docket Number: AR [login to see] 6, (ENCLOSURE 9), (ENCLOSURE 10). Those cases cited, support immediate placement on the retired list as an Officer, even though they were in an enlisted status before retirement. The justification was that they held their commission during their military career for 10 or more years.
MY LOGIC:
If you would read and understand 10 USC 3914, 10 USC 3964, 10 USC 3911, 10 USC 3926, 10 USC 1370, the Senators letter to SEC McHugh, AR 635-200 CH 12, and
AR 600-8-24 CH 6
My comments are highlighted in green font.
AR 635-200 Chapter 12
Retirement for Length of Service
Section I
General
12 1. Purpose
a. This chapter sets policies and procedures for voluntary retirement of Soldiers because of length of service and governs the retirement of Soldiers (Active Army, ARNGUS, and USAR) who are retiring in their enlisted status. AR 600 8 24, chapter 6, governs the retirement of eligible RA Soldiers in commissioned or warrant officer grades.
b. Prior service Soldiers serving on active duty as officers who are not qualified for retirement in their commissioned or warrant officer status, may qualify for retirement per this chapter.
(For those officers who did not hold their commissions for 10 years; i.e., returning Army Captains in November 2014. That is what this law is for. READ Senators letter to SEC McHugh). For procedures, see AR 600 8 24.
Look up ref yourself. Army Regulation 600 8 24, Chapter 6, sections: 6-1, 6-2, 6-11, 6-14
Army Regulation 600 8 24
Personnel General
Officer Transfers and Discharges
Headquarters
Department of the Army
Washington, DC
12 April 2006
Rapid Action Revision (RAR) Issue Date: 13 September 2011
Chapter 6
Retirements
Section I
Overview
6 1. The officer retirement program
a. This chapter applies to nondisability retirement of ADL commissioned and warrant officers on AD to include AGR commissioned and warrant officers who have 20 years or more of AFS.
b. A commissioned officer, in the rank of major and below may retire in the highest rank served satisfactorily on AD for 6 or more months unless entitled by law to a higher grade (Title 10, United States Code, Section 1370(a)(1),).
10 U.S. Code 1370 Commissioned officers: general rule; exceptions
(a)Rule for Retirement in Highest Grade Held Satisfactorily.
(1)Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine Corps who retires under any provision of law other than chapter 61 or chapter 1223 of this title shall, subject to paragraph (2) and subsection (b), be retired in the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (b)(3).
6 2. Computation of service
a. There are different types of creditable military service. Each type is computed according to the applicable provisions of Federal law for the various types of retirement. Active Federal service is applicable for retirement under this chapter.
6 11. Restoration of an Active Army warrant officer to a former grade
An RA warrant officer or enlisted member advanced to a higher commissioned grade under 10 USC 3964, (ENCLOSURE 8), may be restored on the retired list to their former grade. The officer must apply within 3 months of the advancement to the Secretary of the Army for approval.
(For those officers who did not hold their commissions for 10 years; i.e., returning Army Captains in November 2014. That is what this law is for. READ Senators letter to SEC McHugh)
6 14. Service for determining retirement eligibility
a. Voluntary retirement eligibility is determined by AFS (10 USC 3926) (ENCLOSURE 5). To determine whether an officer may be retired voluntarily, the years of AFS are computed by adding
(1) All active service in the Army or the Air Force.
(2) All service in the Navy or Marine Corps that would be credited for determining retirement eligibility in the respective Service (10 USC 3926(a)).
I hope that the Subject Matter Experts assigned to this BOARD will finally get it right.
You should read them sometime and understand what they mean:
DOD FMR Vol 7b, 10 USC 3914, 10 USC 3911, 10 USC 3926, 10 USC 3964, AR 600-8-24, AR 635-200, Completed Staff Works, Message to Garcia
From: Military Pay and Allowances Policy *Army Regulation, 37–104–4
Effective 8 July 2005
Chapter 2
Creditable Service
2–1. Policy provisions
Basic pay (BP) rate is established according to the pay grade and the number of years creditable service a soldier has completed. Creditable service is determined per DODFMR, Vol. 7A, chapter 1. Creditable service will be used to establish the soldier’s pay date and total active Federal military service to date (TAFMSD).
1.) DIEMS Pre 1980.
Per my record of service, I enlisted in 1974, and was in the Delayed Entry Program,
27 August 1974. My DIEMS is before 1980.
2.) My Pay Date is 871217 or December 17, 1987
Please refer to DoD Financial Management Regulation Volume 7A, Chapter 1, February 2002.
3.) Incorrectly RETIRED as an ENLISTED Man. Title 10 USC 3914
(ENCLOSURE 17)
From: DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 3 *March 2013
030103. Voluntary Retirement (Table 3-1, Rules 3 through 8)
A. The retired or retainer pay base pay for a voluntary retirement is determined as follows:
1. For a member who entered service before September 8, 1980, the retired or retainer pay base is generally the monthly basic pay rate applicable on the date of the member’s retirement for the grade or rank in which the member was retired or to which the member is advanced on the retired list. The retired pay base is computed as shown in Table 3-1, Rules 3 through 8, subject to subparagraphs a through d.
From the GITGO it should have been “OR TO WHICH THE MEMBER IS ADVANCED ON THE RETIRED LIST. Instead, Ft. Riley, KS. RSO and HRC Sanctuary team placed me on retired list as an Enlisted Man. (ENCLOSURE 2) and (ENCLOSURE 3)
DEPARTMENT OF THE ARMY
HEADQUARTERS, 1ST INFANTRY DIVISION AND FORT RILEY
580 1st DIVISION ROAD
FORT RILEY, KANSAS 66442-7000
ORDERS 335-0013 01 December 2011
I was retired from Ft. Riley, KS. as an Enlisted man under Title 10 USC 3914. Fully executed orders for retirement, if not cancelled before the date of retirement are final. I feel as if I was impeached by the Ft. Riley, KS. RSO and convicted by HRC and my first two Boards of correction to retire as an Enlisted Man. This was due to a lack of understanding of the law and incompetency at all levels. There have been over 40 Subject Matter Experts Screwing this up over the last ten years. (ENCLOSURE 1). Unless HRC admits to malfeasance, manifest error, mathematical miscalculation, mistake of law, I should receive credit toward retirement for my senior year at USNA, 1980 to 1981, see my NGB 23A1.
My time at US Naval Academy was not counted in my point totals creditable toward retirement.
Naval Academy time my senior year from 1980/09/28 1981/05/26 H3, Per my NGB 23A1? I did not receive credit for my time my senior year at the Naval Academy, Annapolis, MD.
DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 1 August 2012
010902. Revocation of Retirement and/or Transfers
A. A member who is placed on the retired list is legally retired, and such status
cannot thereafter be changed retrospectively because of a mistake or poor judgment on the part of the retiring authorities. Fully executed orders for retirement, if not cancelled before the date of retirement, are final and may not be reopened, revoked, or amended in the absence of fraud, manifest error, mathematical miscalculation, mistake of law, or substantial new evidence.
B. Transfer of members to the Fleet Reserve/Fleet Marine Corps Reserve and
to the retired list of the Regular Navy or Marine Corps or the Retired Reserve is conclusive for all purposes. The Secretary may correct any error or omission in the determination as to the member’s grade and years of creditable service.
FACT
I was retired as an enlisted from Ft. Riley, KS. in 2012, as evidence by my fully executed retirement orders, (ENCLOSURE 2) and (ENCLOSURE 3), and my retirement DD214. I am requesting that all of my Academy time be added to my total years of creditable service for retirement. From my NGB23A1 (1980/09/28 to 1981/05/26 H3) for another 241 days of active-duty service credit toward retirement.
FACT
Academy time counts for enlisted retirements.
a.) The DECISION of THE COMPTROLLER GENERAL OF THE UNITED STATES (ENCLOSURE 14)
~ WASHINGTON, D.C. 20548 FILE: B-195448 DATE: April 3, 1980
b.) FROM DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 1
August 2012
010202. Service Creditable for Regular Voluntary Retirement – Enlisted Members (Table 1-1)
A. All active service in the Uniformed Services; and
B. Service as a cadet or midshipman at Service academy.
c.) FROM DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 1 MARCH 2018
010302. Service Creditable for Regular Voluntary Retirement - Enlisted Members (Table 1-1) The following is service creditable for Regular voluntary retirement for enlisted members:
A. All active service in the Uniformed Services; and
B. Service as a cadet or midshipman at Service academy
d.) DoD Financial Management Regulation Volume 7A, Chapter 1 + February 2002 describes creditable service
You may review all definitions from Title 38 USC CH1 Sect 101
U.S. Code Title 38. VETERANS’ BENEFITS Part I. GENERAL PROVISIONS Chapter 1. GENERAL Section 101. Definitions
From 38 U.S. Code section 101 - Definitions 21 D and E states active duty includes
(21) The term “active duty” means— (D)service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy; and
(E)authorized travel to or from such duty or service.
4.) How do we fix my Retired Reserve time?
I applied, my unit accepted, and everyone in my retirement process failed. (ENCLOSURE 1)
How much Retired Reserve time from my Ft Riley, KS. Retirement date of 01MAR2012. How much Retired Reserve time do I get for additional creditable years of service? Am I currently still in the Retired Reserves as of 2021? Or will my Retired Reserve time be calculated to my early drop date under the NDAA of 2008. Which changed the retirement age for some RC Soldiers. The change authorizes a reduction of the retirement age in 90–day increments for each 90 cumulative days that the RC Soldier has served on active duty, after 28 January 2008, under authority of 10 USC 12301(d), or 12302, or 12304, and 32 USC 502(f), in any fiscal year (1 October through 30 September). Current law does not allow for an eligibility age reduction below age 50.
Is there any other creditable time that I am missing?
a.) My letter dated:24 JAN 2012
I, SSG David L. McDonald, 2035, request to retire from the MN Army National Guard and transfer to the Retired Reserves on 29 February 2012 concurrent with my release from the Active Duty Sanctuary Program.
b.) Per my NGB22 effective date: 29FEB2012 Block 18. REMARKS:
//INDIVIDUAL ASSIGNED TO THE RETIRED RESERVE
c.) Per my NGB22 effective date: 29FEB2012 Block 23. AUTHORITY AND REASON
NGR 600-200, 6-36 Discharge and transfer to the Retired Reserve
I was in fact placed on Retired List.
FROM: AR 600–8–7 • 18 January 2017 Same info as the 2010 AR 600-8-7 2010 CH8
Soldiers electing transfer to the Retired Reserve will continue to receive credit for longevity, and DFAS will compute their retired pay based on the rates in effect at retirement
FROM: AR 600–8–7 • 18 January 2017 Same info as the 2010 AR 600-8-7 2010 CH8
7–4. Discharge versus Retired Reserve
a. Soldiers eligible for transfer to the Retired Reserve, who elect to be discharged without specifying a component, must receive written counseling from the first lieutenant colonel in the chain of command explaining the impact on their retired pay and benefits.
b. Regardless of retired pay plan, Soldiers who elect discharge before non-regular retirement will have their High–3 average or final pay computed based on the rates in effect on the date of discharge.
c. Soldiers electing transfer to the Retired Reserve will continue to receive credit for longevity, and DFAS will compute their retired pay based on the rates in effect at retirement.
d. National Guardsmen should refer to NGR 600–200, (enlisted), NGR 635–100 (officers), and NGR 600–101 (warrant officers) for additional information.
Am I not requesting under 10 USC 12741 and Army Regulation 135–18 CH 5?
I qualified for a regular retirement and the reserve retirement under 10 USC 12741, back in 2012. Shelia Dorsey in 2014 thought so. Which of the 26 Subject Matter Experts was going to tell me about this before I retired? See (ENCLOSURE 15).
My MN ARNG Unit clerk, Ft. Riley, RSO, MN ARNG RSO, HRC personnel, or DFAS personnel?
According to DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter
1 August 2012, Ch 1, Section 010204. Retired Pay Formulae is the same for a regular
and non-regular (reserve) retirements.
Plus, I had almost three years of early drop:
The NDAA of 2008 changed the retirement age for some RC Soldiers. The change authorizes a reduction of the retirement age in 90–day increments for each 90 cumulative days that the RC Soldier has served on active duty, after 28 January 2008, under authority of 10 USC 12301(d), or 12302, or 12304, and 32 USC 502(f), in any fiscal year (1 October through 30 September). Current law does not allow for an eligibility age reduction below age 50.
The Active Guard Reserve Program
Headquarters Department of the Army
Washington, DC
11 October 2019
5–2. Retirement service
a. Service in an AGR status (either active duty or FTNGD) is creditable as qualifying service for both active service (10 USC 1293, 3911, or 3914) and non-regular service retirement (10 USC 12731).
b. Selected Reserve Soldiers will normally reach eligibility for non-regular retirement before reaching eligibility for active service retirement.
c. Once a Soldier reaches eligibility for an active service retirement, he or she is no longer eligible for a 10 USC 12731non-regular retirement, unless eligible under 10 USC 12741(a). We add however, that notwithstanding the provisions of10 USC 12731(a), 10 USC 12741(a) provides that a person may elect to receive non-regular retired pay instead of regular
retired pay if—
(1) They satisfy 10 USC 12731(a)(1) (that is, age) and (2) (that is, 20 good years).
(2) Have served in an active status in the Selected Reserve becoming eligible for regular retired pay.
(3) Have completed at least 2 years of satisfactory service in such active status excluding any period of active service.
5.) Next area of concern: Most favorable formula for retirement
10 USC 1401
(b)Use of Most Favorable Formula. —
If a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or of any other provision of law, the person is entitled to be paid under the applicable formula that is most favorable to him.
FROM Army Board of Corrections: BOARD DATE 3 February 2009 DOCKET NUMBER: AR [login to see] 0
Title 10, U. S. Code (USC), section 1401(b), "use of most favorable formula" states "if a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or any other provision of law, the person is entitled to be paid under the applicable formula that is most favorable to him."
1. In providing that an individual be retired in the highest grade satisfactorily held, Congress clearly intended to provide for the highest amount of retired pay.
6.) Per my LES from Active DUTY, I was being paid on Active Duty for Basic Pay: 24 years, 3 months, 10 days, My Pay Date is 871217 or December 17, 1987, 25 years 02 months
my NGB 22 Block 10(e): 24 yrs 03 mo 10 da
Why is my retirement pay not based on that for my retirement years of service multiplier portion of the retired formula? So, does it really matter if it is an active-duty regular retirement or a reserve retirement. It is essentially the same. READ (ENCLOSURE 15)
Please add any other time that counts toward creditable years of service toward my retirement.
To include the retired reserve time from 01MAR2012 until Sep 2014, (That is the Date HRC retired me under 10 USC 12731. Then Revoked my orders in DEC 2020), (again See ENCLOSURE 1) or later. Am I STILL IN THE RETIRED RESERVES?
7.) HRC Gray Area Retirements Branch wrote an opinion letter to include with this packet. (ENCLOSURE 13), After reading it, this is my response.
They told me they conducted an extensive review of my records. I don’t think so.
1.) ENCLOSURE 16 GAR REBUTTAL
8.) Revoke my Enlisted Retirement Orders from Ft. Riley, KS. And reissue corrected orders or at least amend them to reflect that I should have been placed on the retired list as of 01 MAR2012 as an O3E.
9.) Respectfully request that you direct HRC and DFAS to recompute my retirement pay using the corrected pay scale, the corrected retirement date, corrected number of creditable years of service to include missing time: DIEMS pre 1980, My Pay Date is 871217 or December 17, 1987. Applying all applicable cost-of-living adjustments from the date of initial retirement or transfer. Add in the COLA adjustment increases from corrected retirement date going forward.
V/r,
David L McDonald
List of Enclosures:
ENCLOSURE 1 Subject Matter Experts Responsible for my Retirement
ENCLOSURE 2 retirement orders FT. RILEY, KS pg 1
ENCLOSURE 3 retirement orders FT. RILEY, KS pg 2
Enclosure 4 Title 10 USC 3911 Twenty Years or More: Regular or Reserve Commissioned Officers
ENCLOSURE 5 Title 10 USC 3926 Computation of years of service: voluntary retirement; regular and reserve commissioned officers
ENCLOSURE 6 Title 10 USC 1370 Commissioned officers: general rule; exceptions
ENCLOSURE 7_Secretary-McHugh LETTER_from_Senators_NOV _2014
ENCLOSURE 8_Title 10_USC_3964 Higher grade after 30 years of service: warrant officers and enlisted members
ENCLOSURE 9_AR [login to see] 6_GREATER THAN 10 YEARS
ENCLOSURE 10_AGDRB_ SETTLED CASE LAW
ENCLOSURE 11_SUPPORT_DA_FORM_2339_pg_1
ENCLOSURE 12_SUPPORT_DA_FORM_2339_pg_2
ENCLOSURE 13_GARB Advisory Opinion
ENCLOSURE 14_MIDSHIPMAN TIME
ENCLOSURE 15_IT'S_THE_SAME_RETIREMENT
ENCLOSURE 16_GAR REBUTTAL
Enclosure 17 Title 10 USC 3914
ENCLOSURE 18 SUPPORT_BOARD_INFO
ENCLOSURE 19 Leave and Earning Staement 2012
I held my commission for 10 yrs 08 months and was retired in 2012 as an ENLISTED MAN, SSG, from Ft Riley, KS. I am on my third board of correction in 2021 to correct this. The Subject Matter Geniuses keep getting it wrong.
This is my third board of correction. First Record of Proceedings, Docket Number: AR [login to see] 5, Second Record of Proceedings, Docket Number: AR [login to see] 1
Included is plenty of NEW EVIDENCE of how my entire retirement process was CORRUPTED.
This is a little story about four people named Everybody, Somebody, Anybody, and Nobody. There was an important job to be done and Everybody was sure that
Somebody would do it. Anybody could have done it, but Nobody did it. Somebody
got angry about that because it was Everybody's job. Everybody thought that
Anybody could do it, but Nobody realized that Everybody wouldn't do it. It ended
up that Everybody blamed Somebody when Nobody did what Anybody could have done.
This is my retirement story the real names of everybody, somebody, anybody, and nobody are: (ENCLOSURE 1)
There still is no fraud or misrepresentation of this request on my part. This is my THIRD BOARD of Correction. However, there has been numerous administrative determination errors, miscalculations, and misinformation on the part of the entire Army Retirement Services Command and or Human Resources Command, (HRC), to include: Retirement Services Office Ft Riley, KS., MN ARNG, NGB, and Army G-1, and my first two Boards.
I was retired as an enlisted, E-6, from the MN ARNG on active duty, Sanctuary Program in 2012, At Ft Riley Kansas. (ENCLOSURE 2 and 3). I spent the next ten years trying to convince the Subject Matter Experts at MN ARNG RSO, Ft Riley RSO, HRC various departments, Board of Corrections, and NGB that my retirement was not correct. I provided documentation to prove my retirement request was valid.
I have an active-duty retirement. Incorrectly applied Retirement Law that retired me as an enlisted man from Ft. Riley KS.
I held my Active-Duty Commission for greater than 10 years. No law states when you have to hold your commission, i.e. First 10 years, middle 10 years, last 10 years, or some here and some there. Title 10 USC 3911 and 10 USC 3926 do. Since my retirement was based on active-duty service, including my 10 years 7 months or 10 years 8 months of commissioned officer active-duty time from DD214 for that time period.
How do any of you defend that finding that I should be an enlisted man.
From: March 20, 2013 AR [login to see] 5, McDonald, David L.
DISCUSSION AND CONCLUSIONS
An inquiry into the matter revealed on 19 March 2013,
the Army Board for Correction of Military Records (ABCMR), Record of
Proceedings, Docket Number: AR [login to see] 5 rendered a decision on my
request, "correction of his records to show he was placed on the Retired
List in the grade of O 3E (prior enlisted service) vice staff sergeant
(SSG)/E6."
ABCMR concluded, "The evidence of record confirms the applicant, while
serving on active duty as an enlisted member of the ARNG in the rank of SSG,
requested that he be retired based on the completion of 20 years, 1 month,
and 16 days of active-duty service. He was honorably retired on 29 February
2012 under the provisions of Army Regulation 635 200, Chapter 12, by reason
Of sufficient service for retirement.
(You know that is not correct if you ever read Title 10 USC 3911, (ENCLOSURE 4); Title 10 USC 3926, (ENCLOSURE 5); Title 10 USC 1370, (ENCLOSURE 6); the Senators letter to SEC McHugh (ENCLOSURE 7), AR 635-200 CH 12, and AR 600-8-24 CH 6 and understood the sections you would see my point of view.)
As the applicant retired with less than 30 years of active duty
service, he will be eligible to request to be advanced on the Retired List
to the grade of O 3E on 1 March 2022, when his active service plus his
service on the Retired List totals 30 years." If you do not concur with
ABCMR decision, you may re submit your application with new evidence in
accordance with AR 15 185.
(So, a reserve Captain with my military career, gets a better non regular retirement than an active-duty Captain. Because the active-duty Captain in my case, must wait as an enlisted man for 10 years before getting his rank back, (10 USC 3964) (ENCLOSURE 8). While the Reserve Captain with my career, with early drop, for my almost 3 years of Activation Orders can retire at 57 and I get penalized 10 years.)
There are settled ABCMR Cases, I included in my other two Board Corrections. I have included one here: Docket Number: AR [login to see] 6, (ENCLOSURE 9), (ENCLOSURE 10). Those cases cited, support immediate placement on the retired list as an Officer, even though they were in an enlisted status before retirement. The justification was that they held their commission during their military career for 10 or more years.
MY LOGIC:
If you would read and understand 10 USC 3914, 10 USC 3964, 10 USC 3911, 10 USC 3926, 10 USC 1370, the Senators letter to SEC McHugh, AR 635-200 CH 12, and
AR 600-8-24 CH 6
My comments are highlighted in green font.
AR 635-200 Chapter 12
Retirement for Length of Service
Section I
General
12 1. Purpose
a. This chapter sets policies and procedures for voluntary retirement of Soldiers because of length of service and governs the retirement of Soldiers (Active Army, ARNGUS, and USAR) who are retiring in their enlisted status. AR 600 8 24, chapter 6, governs the retirement of eligible RA Soldiers in commissioned or warrant officer grades.
b. Prior service Soldiers serving on active duty as officers who are not qualified for retirement in their commissioned or warrant officer status, may qualify for retirement per this chapter.
(For those officers who did not hold their commissions for 10 years; i.e., returning Army Captains in November 2014. That is what this law is for. READ Senators letter to SEC McHugh). For procedures, see AR 600 8 24.
Look up ref yourself. Army Regulation 600 8 24, Chapter 6, sections: 6-1, 6-2, 6-11, 6-14
Army Regulation 600 8 24
Personnel General
Officer Transfers and Discharges
Headquarters
Department of the Army
Washington, DC
12 April 2006
Rapid Action Revision (RAR) Issue Date: 13 September 2011
Chapter 6
Retirements
Section I
Overview
6 1. The officer retirement program
a. This chapter applies to nondisability retirement of ADL commissioned and warrant officers on AD to include AGR commissioned and warrant officers who have 20 years or more of AFS.
b. A commissioned officer, in the rank of major and below may retire in the highest rank served satisfactorily on AD for 6 or more months unless entitled by law to a higher grade (Title 10, United States Code, Section 1370(a)(1),).
10 U.S. Code 1370 Commissioned officers: general rule; exceptions
(a)Rule for Retirement in Highest Grade Held Satisfactorily.
(1)Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine Corps who retires under any provision of law other than chapter 61 or chapter 1223 of this title shall, subject to paragraph (2) and subsection (b), be retired in the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (b)(3).
6 2. Computation of service
a. There are different types of creditable military service. Each type is computed according to the applicable provisions of Federal law for the various types of retirement. Active Federal service is applicable for retirement under this chapter.
6 11. Restoration of an Active Army warrant officer to a former grade
An RA warrant officer or enlisted member advanced to a higher commissioned grade under 10 USC 3964, (ENCLOSURE 8), may be restored on the retired list to their former grade. The officer must apply within 3 months of the advancement to the Secretary of the Army for approval.
(For those officers who did not hold their commissions for 10 years; i.e., returning Army Captains in November 2014. That is what this law is for. READ Senators letter to SEC McHugh)
6 14. Service for determining retirement eligibility
a. Voluntary retirement eligibility is determined by AFS (10 USC 3926) (ENCLOSURE 5). To determine whether an officer may be retired voluntarily, the years of AFS are computed by adding
(1) All active service in the Army or the Air Force.
(2) All service in the Navy or Marine Corps that would be credited for determining retirement eligibility in the respective Service (10 USC 3926(a)).
I hope that the Subject Matter Experts assigned to this BOARD will finally get it right.
You should read them sometime and understand what they mean:
DOD FMR Vol 7b, 10 USC 3914, 10 USC 3911, 10 USC 3926, 10 USC 3964, AR 600-8-24, AR 635-200, Completed Staff Works, Message to Garcia
From: Military Pay and Allowances Policy *Army Regulation, 37–104–4
Effective 8 July 2005
Chapter 2
Creditable Service
2–1. Policy provisions
Basic pay (BP) rate is established according to the pay grade and the number of years creditable service a soldier has completed. Creditable service is determined per DODFMR, Vol. 7A, chapter 1. Creditable service will be used to establish the soldier’s pay date and total active Federal military service to date (TAFMSD).
1.) DIEMS Pre 1980.
Per my record of service, I enlisted in 1974, and was in the Delayed Entry Program,
27 August 1974. My DIEMS is before 1980.
2.) My Pay Date is 871217 or December 17, 1987
Please refer to DoD Financial Management Regulation Volume 7A, Chapter 1, February 2002.
3.) Incorrectly RETIRED as an ENLISTED Man. Title 10 USC 3914
(ENCLOSURE 17)
From: DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 3 *March 2013
030103. Voluntary Retirement (Table 3-1, Rules 3 through 8)
A. The retired or retainer pay base pay for a voluntary retirement is determined as follows:
1. For a member who entered service before September 8, 1980, the retired or retainer pay base is generally the monthly basic pay rate applicable on the date of the member’s retirement for the grade or rank in which the member was retired or to which the member is advanced on the retired list. The retired pay base is computed as shown in Table 3-1, Rules 3 through 8, subject to subparagraphs a through d.
From the GITGO it should have been “OR TO WHICH THE MEMBER IS ADVANCED ON THE RETIRED LIST. Instead, Ft. Riley, KS. RSO and HRC Sanctuary team placed me on retired list as an Enlisted Man. (ENCLOSURE 2) and (ENCLOSURE 3)
DEPARTMENT OF THE ARMY
HEADQUARTERS, 1ST INFANTRY DIVISION AND FORT RILEY
580 1st DIVISION ROAD
FORT RILEY, KANSAS 66442-7000
ORDERS 335-0013 01 December 2011
I was retired from Ft. Riley, KS. as an Enlisted man under Title 10 USC 3914. Fully executed orders for retirement, if not cancelled before the date of retirement are final. I feel as if I was impeached by the Ft. Riley, KS. RSO and convicted by HRC and my first two Boards of correction to retire as an Enlisted Man. This was due to a lack of understanding of the law and incompetency at all levels. There have been over 40 Subject Matter Experts Screwing this up over the last ten years. (ENCLOSURE 1). Unless HRC admits to malfeasance, manifest error, mathematical miscalculation, mistake of law, I should receive credit toward retirement for my senior year at USNA, 1980 to 1981, see my NGB 23A1.
My time at US Naval Academy was not counted in my point totals creditable toward retirement.
Naval Academy time my senior year from 1980/09/28 1981/05/26 H3, Per my NGB 23A1? I did not receive credit for my time my senior year at the Naval Academy, Annapolis, MD.
DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 1 August 2012
010902. Revocation of Retirement and/or Transfers
A. A member who is placed on the retired list is legally retired, and such status
cannot thereafter be changed retrospectively because of a mistake or poor judgment on the part of the retiring authorities. Fully executed orders for retirement, if not cancelled before the date of retirement, are final and may not be reopened, revoked, or amended in the absence of fraud, manifest error, mathematical miscalculation, mistake of law, or substantial new evidence.
B. Transfer of members to the Fleet Reserve/Fleet Marine Corps Reserve and
to the retired list of the Regular Navy or Marine Corps or the Retired Reserve is conclusive for all purposes. The Secretary may correct any error or omission in the determination as to the member’s grade and years of creditable service.
FACT
I was retired as an enlisted from Ft. Riley, KS. in 2012, as evidence by my fully executed retirement orders, (ENCLOSURE 2) and (ENCLOSURE 3), and my retirement DD214. I am requesting that all of my Academy time be added to my total years of creditable service for retirement. From my NGB23A1 (1980/09/28 to 1981/05/26 H3) for another 241 days of active-duty service credit toward retirement.
FACT
Academy time counts for enlisted retirements.
a.) The DECISION of THE COMPTROLLER GENERAL OF THE UNITED STATES (ENCLOSURE 14)
~ WASHINGTON, D.C. 20548 FILE: B-195448 DATE: April 3, 1980
b.) FROM DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 1
August 2012
010202. Service Creditable for Regular Voluntary Retirement – Enlisted Members (Table 1-1)
A. All active service in the Uniformed Services; and
B. Service as a cadet or midshipman at Service academy.
c.) FROM DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 1 MARCH 2018
010302. Service Creditable for Regular Voluntary Retirement - Enlisted Members (Table 1-1) The following is service creditable for Regular voluntary retirement for enlisted members:
A. All active service in the Uniformed Services; and
B. Service as a cadet or midshipman at Service academy
d.) DoD Financial Management Regulation Volume 7A, Chapter 1 + February 2002 describes creditable service
You may review all definitions from Title 38 USC CH1 Sect 101
U.S. Code Title 38. VETERANS’ BENEFITS Part I. GENERAL PROVISIONS Chapter 1. GENERAL Section 101. Definitions
From 38 U.S. Code section 101 - Definitions 21 D and E states active duty includes
(21) The term “active duty” means— (D)service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy; and
(E)authorized travel to or from such duty or service.
4.) How do we fix my Retired Reserve time?
I applied, my unit accepted, and everyone in my retirement process failed. (ENCLOSURE 1)
How much Retired Reserve time from my Ft Riley, KS. Retirement date of 01MAR2012. How much Retired Reserve time do I get for additional creditable years of service? Am I currently still in the Retired Reserves as of 2021? Or will my Retired Reserve time be calculated to my early drop date under the NDAA of 2008. Which changed the retirement age for some RC Soldiers. The change authorizes a reduction of the retirement age in 90–day increments for each 90 cumulative days that the RC Soldier has served on active duty, after 28 January 2008, under authority of 10 USC 12301(d), or 12302, or 12304, and 32 USC 502(f), in any fiscal year (1 October through 30 September). Current law does not allow for an eligibility age reduction below age 50.
Is there any other creditable time that I am missing?
a.) My letter dated:24 JAN 2012
I, SSG David L. McDonald, 2035, request to retire from the MN Army National Guard and transfer to the Retired Reserves on 29 February 2012 concurrent with my release from the Active Duty Sanctuary Program.
b.) Per my NGB22 effective date: 29FEB2012 Block 18. REMARKS:
//INDIVIDUAL ASSIGNED TO THE RETIRED RESERVE
c.) Per my NGB22 effective date: 29FEB2012 Block 23. AUTHORITY AND REASON
NGR 600-200, 6-36 Discharge and transfer to the Retired Reserve
I was in fact placed on Retired List.
FROM: AR 600–8–7 • 18 January 2017 Same info as the 2010 AR 600-8-7 2010 CH8
Soldiers electing transfer to the Retired Reserve will continue to receive credit for longevity, and DFAS will compute their retired pay based on the rates in effect at retirement
FROM: AR 600–8–7 • 18 January 2017 Same info as the 2010 AR 600-8-7 2010 CH8
7–4. Discharge versus Retired Reserve
a. Soldiers eligible for transfer to the Retired Reserve, who elect to be discharged without specifying a component, must receive written counseling from the first lieutenant colonel in the chain of command explaining the impact on their retired pay and benefits.
b. Regardless of retired pay plan, Soldiers who elect discharge before non-regular retirement will have their High–3 average or final pay computed based on the rates in effect on the date of discharge.
c. Soldiers electing transfer to the Retired Reserve will continue to receive credit for longevity, and DFAS will compute their retired pay based on the rates in effect at retirement.
d. National Guardsmen should refer to NGR 600–200, (enlisted), NGR 635–100 (officers), and NGR 600–101 (warrant officers) for additional information.
Am I not requesting under 10 USC 12741 and Army Regulation 135–18 CH 5?
I qualified for a regular retirement and the reserve retirement under 10 USC 12741, back in 2012. Shelia Dorsey in 2014 thought so. Which of the 26 Subject Matter Experts was going to tell me about this before I retired? See (ENCLOSURE 15).
My MN ARNG Unit clerk, Ft. Riley, RSO, MN ARNG RSO, HRC personnel, or DFAS personnel?
According to DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter
1 August 2012, Ch 1, Section 010204. Retired Pay Formulae is the same for a regular
and non-regular (reserve) retirements.
Plus, I had almost three years of early drop:
The NDAA of 2008 changed the retirement age for some RC Soldiers. The change authorizes a reduction of the retirement age in 90–day increments for each 90 cumulative days that the RC Soldier has served on active duty, after 28 January 2008, under authority of 10 USC 12301(d), or 12302, or 12304, and 32 USC 502(f), in any fiscal year (1 October through 30 September). Current law does not allow for an eligibility age reduction below age 50.
The Active Guard Reserve Program
Headquarters Department of the Army
Washington, DC
11 October 2019
5–2. Retirement service
a. Service in an AGR status (either active duty or FTNGD) is creditable as qualifying service for both active service (10 USC 1293, 3911, or 3914) and non-regular service retirement (10 USC 12731).
b. Selected Reserve Soldiers will normally reach eligibility for non-regular retirement before reaching eligibility for active service retirement.
c. Once a Soldier reaches eligibility for an active service retirement, he or she is no longer eligible for a 10 USC 12731non-regular retirement, unless eligible under 10 USC 12741(a). We add however, that notwithstanding the provisions of10 USC 12731(a), 10 USC 12741(a) provides that a person may elect to receive non-regular retired pay instead of regular
retired pay if—
(1) They satisfy 10 USC 12731(a)(1) (that is, age) and (2) (that is, 20 good years).
(2) Have served in an active status in the Selected Reserve becoming eligible for regular retired pay.
(3) Have completed at least 2 years of satisfactory service in such active status excluding any period of active service.
5.) Next area of concern: Most favorable formula for retirement
10 USC 1401
(b)Use of Most Favorable Formula. —
If a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or of any other provision of law, the person is entitled to be paid under the applicable formula that is most favorable to him.
FROM Army Board of Corrections: BOARD DATE 3 February 2009 DOCKET NUMBER: AR [login to see] 0
Title 10, U. S. Code (USC), section 1401(b), "use of most favorable formula" states "if a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or any other provision of law, the person is entitled to be paid under the applicable formula that is most favorable to him."
1. In providing that an individual be retired in the highest grade satisfactorily held, Congress clearly intended to provide for the highest amount of retired pay.
6.) Per my LES from Active DUTY, I was being paid on Active Duty for Basic Pay: 24 years, 3 months, 10 days, My Pay Date is 871217 or December 17, 1987, 25 years 02 months
my NGB 22 Block 10(e): 24 yrs 03 mo 10 da
Why is my retirement pay not based on that for my retirement years of service multiplier portion of the retired formula? So, does it really matter if it is an active-duty regular retirement or a reserve retirement. It is essentially the same. READ (ENCLOSURE 15)
Please add any other time that counts toward creditable years of service toward my retirement.
To include the retired reserve time from 01MAR2012 until Sep 2014, (That is the Date HRC retired me under 10 USC 12731. Then Revoked my orders in DEC 2020), (again See ENCLOSURE 1) or later. Am I STILL IN THE RETIRED RESERVES?
7.) HRC Gray Area Retirements Branch wrote an opinion letter to include with this packet. (ENCLOSURE 13), After reading it, this is my response.
They told me they conducted an extensive review of my records. I don’t think so.
1.) ENCLOSURE 16 GAR REBUTTAL
8.) Revoke my Enlisted Retirement Orders from Ft. Riley, KS. And reissue corrected orders or at least amend them to reflect that I should have been placed on the retired list as of 01 MAR2012 as an O3E.
9.) Respectfully request that you direct HRC and DFAS to recompute my retirement pay using the corrected pay scale, the corrected retirement date, corrected number of creditable years of service to include missing time: DIEMS pre 1980, My Pay Date is 871217 or December 17, 1987. Applying all applicable cost-of-living adjustments from the date of initial retirement or transfer. Add in the COLA adjustment increases from corrected retirement date going forward.
V/r,
David L McDonald
List of Enclosures:
ENCLOSURE 1 Subject Matter Experts Responsible for my Retirement
ENCLOSURE 2 retirement orders FT. RILEY, KS pg 1
ENCLOSURE 3 retirement orders FT. RILEY, KS pg 2
Enclosure 4 Title 10 USC 3911 Twenty Years or More: Regular or Reserve Commissioned Officers
ENCLOSURE 5 Title 10 USC 3926 Computation of years of service: voluntary retirement; regular and reserve commissioned officers
ENCLOSURE 6 Title 10 USC 1370 Commissioned officers: general rule; exceptions
ENCLOSURE 7_Secretary-McHugh LETTER_from_Senators_NOV _2014
ENCLOSURE 8_Title 10_USC_3964 Higher grade after 30 years of service: warrant officers and enlisted members
ENCLOSURE 9_AR [login to see] 6_GREATER THAN 10 YEARS
ENCLOSURE 10_AGDRB_ SETTLED CASE LAW
ENCLOSURE 11_SUPPORT_DA_FORM_2339_pg_1
ENCLOSURE 12_SUPPORT_DA_FORM_2339_pg_2
ENCLOSURE 13_GARB Advisory Opinion
ENCLOSURE 14_MIDSHIPMAN TIME
ENCLOSURE 15_IT'S_THE_SAME_RETIREMENT
ENCLOSURE 16_GAR REBUTTAL
Enclosure 17 Title 10 USC 3914
ENCLOSURE 18 SUPPORT_BOARD_INFO
ENCLOSURE 19 Leave and Earning Staement 2012
I held my commission for 10 yrs 08 months and was retired in 2012 as an ENLISTED MAN, SSG, from Ft Riley, KS. I am on my third board of correction in 2021 to correct this. The Subject Matter Geniuses keep getting it wrong.
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On so many levels this is wrong. Why would we want to dismiss our most experienced and capable leaders from duty? Seems to me there should be a need to get rid of those who prove to be least competent. Dismissal should be solely based upon EERs and OERs.
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