OFFICER PAYGRADE DETERMINATIONS

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Welcome to our Officer Paygrade Determinations Practice Area

At Military Veteran Law Center, we specialize in providing comprehensive legal services in the area of Officer Paygrade Determinations. Our experienced team of attorneys is dedicated to assisting military personnel in navigating the complex process of determining their appropriate pay grade.

When it comes to military compensation, it is crucial to ensure that your pay grade accurately reflects your skills, experience, and responsibilities. Whether you are a member of the Army, Navy, Air Force, or Marine Corps, our attorneys have in-depth knowledge of the intricacies of the military pay system and can guide you through the process.

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Our Services

Paygrade Evaluation:

Determining the appropriate paygrade is a crucial step in ensuring fair compensation for your service and responsibilities. Our attorneys will thoroughly evaluate your qualifications, job duties, and performance records to determine the correct paygrade you should be assigned. We will gather all necessary evidence, review regulations and guidelines, and present a compelling case to support your claim.

Paygrade Upgrades:

If you believe you deserve a higher paygrade based on your qualifications, experience, or job performance, our attorneys can help you pursue a paygrade upgrade. We will analyze your current paygrade, compare it to the requirements of the higher grade, and build a strong case on your behalf. Our goal is to maximize your earning potential and ensure that you receive fair compensation for your skills and contributions.

Paygrade Appeals:

If you have received a paygrade determination that you believe is unfair or inaccurate, our attorneys can assist you in filing an appeal. We understand the complexities of the appeal process and will guide you through each step, from gathering evidence to presenting your case before the appropriate review board. Our team will work tirelessly to protect your rights and fight for the paygrade you deserve.

Why Choose Us?

Expertise:

Our attorneys have extensive experience in handling Officer Paygrade Determinations cases. We stay up-to-date with the latest regulations, guidelines, and precedents in military compensation to provide you with the most accurate and effective legal representation.

Personalized Approach:

We understand that each case is unique, and we tailor our strategies to meet your specific needs and goals. Our team will take the time to listen to your concerns, gather all relevant information, and develop a customized plan of action to achieve the best possible outcome.

Client-Centric Service:

At Military Veteran Law Center, our clients are our top priority. We are committed to providing exceptional service and maintaining open lines of communication throughout the legal process. Our attorneys will keep you informed, answer your questions promptly, and ensure that you are well-informed and confident in your case.

Results-Oriented Representation:

We are dedicated to achieving positive results for our clients. Whether we are advocating for a paygrade upgrade, challenging an unfair determination, or guiding you through the evaluation process, our ultimate goal is to protect your interests and secure the compensation you deserve.

Contact Us Today

If you require assistance with Officer Paygrade Determinations, don’t hesitate to contact our firm. Our experienced attorneys are ready to provide you with the legal guidance and support you need. Schedule a consultation today to discuss your case and learn how we can help you navigate the complexities of military paygrades.

Retirement at a lower grade does result in a loss of pay upon retirement

You will understand the applicable rules that result in a pay reduction upon retirement if the Secretary of your Service determines that you did not serve satisfactorily in grade IAW 10 USC 1370(a), Commissioned Officers, Rule for Retirement in Highest Held Satisfactorily. While this page mentions an array of rules and regulations, the references will be valuable for people who are fond of research.
10 USC § 1407 (c) Retired pay base for members who first became members after September 7, 1980: high-36-month average. This statute discusses the retired base pay calculations for members who entered the armed force after September 7, 1980.
It states that the retired base pay of a person who joined the armed forces after September 7, 1980, is the person’s high-three average, which is the total amount of monthly basic pay to which a member was entitled for the 36 months (whether or not consecutive) of active service for which the monthly basic pay to which the member was entitled was the highest, divided by 36. But there is an exception to every rule.

The exception: 10 USC §1407 (f)

Exception for Reduced in and Who Do not Serve Satisfactorily in Highest Held.
This legislation specifies that the retired pay base for officers who did not serve satisfactorily is established under section 1406 of this text in the same manner as if the person joined the armed forces before September 8, 1980, as detailed in 10 USC §1406.
10 USC §1406. Retired pay base for members who first became members before September 8, 1980: final basic pay.

The retired pay of an officer who became a member of the armed forces before September 8, 1980, is the monthly basic pay of the member’s retired grade.

As a result, officers who retire at a lower grade owing to poor service are not eligible for the High-3 calculation. The salary for the rank to which they were dropped based on their OGD is used to determine this.

The DoD Financial Regulations also discusses this issue

DoD 7000.14-R, Financial Management Regulation, Volume 7B, Military Pay Policy and Procedures – Retired Pay, Chapter 3,
Paragraph 030212 of DoD 7000.14-R discusses the Exception to the High-36-Month Retired Pay Computation for Members Retired Following a Disciplinary Reduction in Grade.
Members or former members who entered the uniformed services on or after September 8, 1980 will have their retired pay base calculated using the high-36-month average, with the exception of the members listed below, whose retired pay base is based on the final basic pay of the grade prescribed under 10 U.S.C. 1406, rather than the highest-36 month average of basic pay.

AFI 36-3203, Service Retirements

Table 8.1, General Rules for Estimating Retired Pay of Members also discusses the rule for officers who do not retire in grade.
Table 8.1, Final Pay, Note 5 states: Officers who retire and do not meet the requirements to retire in their highest grade (10 USC §1370) will be paid based on the retired grade (10 USC §1407f). Officers retiring in an enlisted grade will have their pay calculated as determined by DFAS.”
As mentioned above, 10 USC §1407f states that an officer who did not serve satisfactorily will receive retired base pay consistent with 10 USC §1406, which states that an officer will generally receive retired pay based on the monthly basic pay of the member’s retired grade.

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Tangible and Intangibles of Retiring at a Lower Grade

DoD’s website offers various retirement pay calculators depending on the various retirement compensation arrangements.

A member can use the High-3 Calculator to get an estimate of how retiring in a lower grade based on an OGD could impact retirement income.

Then, use the Final Pay Calculator to get an estimate of how retiring in a lower grade based on an OGD could influence retirement income.

The gap between the two illustrates the long-term implications of an OGD on retirement income.

High-3 Calculator

Final Pay Calculator

In addition to the tangible loss that occurs with a reduction in rank, how about intangible losses?

An intangible loss may be your inability to state that you are a retired Colonel or retired Lieutenant Colonel or retired Major.

You will always have to state your retired rank—the rank to which you were reduced as a result of an OGD, not the rank you attained while on active duty.

If you plan to work for a defense contractor or do other work where your retired rank may be important to your role, this may be significant.

For some of you, the intangible loss may not be as important as the tangible loss of hundreds of thousands of dollars over the course of the next 30-40 years of your life.

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Why Choose Stephen Brodsky?

Stephen Brodsky has over 25 years of experience with hundreds of successful results representing service members and veterans in a wide variety of legal practice areas.

He has practiced as a JAG Corps and an attorney with the US Navy.

Mr. Brodsky has successfully achieved a 90% success rate in his trials, administrative adjudications, disability appeals compensation claims, and appeals from court-martial convictions.

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