LtCol Chessani’s retired check is based on his last pay amount, even if reduced to major?

See what you think? I’ve posted the article about LtCol Chessani not being prosecuted, but facing a BOI.  One of the papers reported:

Instead, the Marine Corps will convene a Board of Inquiry to hear testimony and recommend whether Lt. Col. Jeffrey Chessani should be demoted to major for purposes of retirement.

Even if such a recommendation is made and then accepted by the Secretary of the Navy, Chessani’s retirement pay would still be based on being a lieutenant colonel.

Here’s the likely statute applicable to his retirement check — 10 U. S. Code 1407(f):

(f) Exception for Enlisted Members Reduced in Grade and Officers Who Do Not Serve Satisfactorily in Highest Grade Held.— (such as LtCol “reduced” to major)

(1) Computation based on pre-high-three rules.— In the case of a member or former member described in paragraph (2), the retired pay base or retainer pay base is determined under section 1406 of this title in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980.   (In other words last pay check.  And so what if his last pay check is as a major?)

(2) Affected members.— A member or former member referred to in paragraph (1) is a member or former member who by reason of conduct occurring after October 30, 2000—

(A) . . .; and

(B) in the case of an officer, is retired in a grade lower than the highest grade in which served by reason of denial of a determination or certification under section 1370 of this title that the officer served on active duty satisfactorily in that grade.

———-Photo: Lt. Col. Jeffrey Chessani  Credit: Associated Press.

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