Court-Martial Trial Practice Blog
Defense counsel:
You have an enlisted client who is retirement eligible: E-6 to E-9. What is their retirement check, assuming they are in a position to retire after trial?
Before you answer, please read 10 U. S. C. 1407, especially para. (f).
Now–E-8 reduced to E-4, what is the retired pay? My answer, his last paycheck–and that will be as an E-4, unless. See para. (f)(1). Here it’s unlikely he’ll get promoted back.
Now–E-7 reduced to E-4, but stays on active duty, becomes eligible to retire, and has made it back to E-6, what is his retired pay? My answer, is E-6. See para. (f)(2)(A). And yes, I have had this happen to a client.
Put this in your trial notebook.