Court-Martial Trial Practice Blog
You are an enlisted person.
1. You are reduced at Art. 15 from E-6 to E-5, you retire as an E-5. What rank is your retirement check based on and how is it calculated. Assume you came on active duty after 1 September 1980.
2. You are reduced at special court-martial from E-9 to E-6, you retire. What rank is your retirement check based on and how is it calculated. Assume you came on active duty after 1 September 1980.
3. You are reduced at special court-martial from E-7 to E-4, you have sufficient time and you are re-promoted and serve in grade as an E-6 at the time you retire. What rank is your retirement check based on and how is it calculated. Assume you came on active duty after 1 September 1980.If you had not been reduced as a result of disciplinary action (or administrative grade reduction), you would expect to retire in your last rank held and receive pay calculated on the high-36 average calculation.
However, because of 10 U. S. Code §1407(f), you will be paid at the grade you hold at the time of retirement, but you will be treated as if you came on active duty before 1 September 1980. That means that you will be paid based on the “last check.”
This is something to keep in mind when facing disciplinary action, and negotiating a pretrial agreement.
1. E-5, last check; 2. E-6, last check; E-6, last check.