Posted on Apr 22, 2016
Why can OSB Officers retire and collect TERA but QMP NCOs can't?
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From what I have read and understand, per MILPER Message Number 15-394 NCOs over 15 (but less that 18) cannot collect TERA. But an officer over 15 that falls under OSB (officers over 18 fall under ESERB) can collect TERA. So basically an NCO with a DUI can get QMP'd whereas an Officer with one could get involuntarily separated by an OSB but collect TERA.
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An officer that has derogatory information in his file, such as a GOMAR or referred OER, will(can) face elimination by what is referred to as a show cause board. This absolutely happens as I have served multiple elimination notices. The number of officers facing an OSB for misconduct or derog is very small, as it would have had to have been a recent filing or minor offense, otherwise they would have already been show caused. OSB's are a function of force shaping and the vast majority do not have anything derogatory in their file. QMP on the other hand as defined is for derog. And that comes in many forms and can be something very minor or more serious.
So QMP equals some form of misconduct and no Tera, whereas OSB can TERA if they have more than 14 years 6 months upon notification. TERA is also not a guarantee, but something that can be applied for. If it was a guarantee Soldiers could purposefully fail their APFT at 15 years and be guaranteed a prorated retirement through Tera. I have learned over time that the Army will require loyalty from you as an Army Value, but make no mistake the Army will not show you the same loyalty as they continue to separate many qualified Soldiers.
So QMP equals some form of misconduct and no Tera, whereas OSB can TERA if they have more than 14 years 6 months upon notification. TERA is also not a guarantee, but something that can be applied for. If it was a guarantee Soldiers could purposefully fail their APFT at 15 years and be guaranteed a prorated retirement through Tera. I have learned over time that the Army will require loyalty from you as an Army Value, but make no mistake the Army will not show you the same loyalty as they continue to separate many qualified Soldiers.
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SGM (Join to see)
SFC (Anonymous) - That is actually not correct. As previously discussed TERA is something you can apply for, its not automatic. Once you hit 18 TERA is essentially is a moot point as most folks will stay for the sanctuary you mentioned to hit 20 - I also posted the title 10 US code sub-paragraphs above. TERA was designed due to drawdawn of forces so folks at 15 wouldnt just be handed a pink slip, theres actually two versions - an older one during the 90s drawdown, see here: http://www.dfas.mil/retiredmilitary/plan/retirement-types.html
There are four types of retirement --regular, reserve, temporary disability and permanent disability -- and entitlements, such as CRDP and CRSC, might accompany retirement pay.
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SPC Paul Jennings, J.D.
SGM (Join to see) - It's also important to remember that TERA is discretionary. In the past QMP selections where the soldier was under 18years (17years 9months if you want to get technical) were considered for TERA. However, this does not mean that they were approved, simply considered, and this authority was revoked about a year ago. Also, it's important to remember that the 18 year safeguard law is not absolute sine it applies to involuntary separations. There could be an argument that a soldier can be administratively separated after a QMP, say for misconduct that led to the QMP, since it is not an involuntary separation, but instead a separation for specific cause.
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SGM (Join to see)
TERA is always for 15 years and up (see link I posted and MILPER Msg) and there would have to be a good reason to get denied (if youre eligible) I havent heard or seen any. And there is no clause or exception to the 18 rule except a court martial. If youre over 18 youre good. APFT failure and HT/WT couldnt even put you out. It will flag you, but the Army cant chapter you because of the aforementioned Title 10 code I listed. You would have to court martialed and found guilty and as aprt of the punishment lose your retirement. However in many cases the judges have mercy - the take rank, but you get to retire.
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SPC Paul Jennings, J.D.
SFC Jerry Crouch, Ed.D. - I'd agree the general focus is indeed on the service's well being, not necessarily the soldier's. The main thing is that since TERA is discretionary, the solider is not required to accept it. I'd have to re-look at the authorizing NDAA, but I don't believe that TERA can over ride the statutory guidelines.
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