Collateral consequences

A reader on asks this question:

Q: I’m 18 years active duty with the US Navy. I was an E-6 from 2000–2009 but got busted for UCMJ violation to E-5. I fall under the High-3 plan for retirement and a lot of my friends are saying that when I retire, I will get the E-6 retirement pay, but then again, some of my friends are saying I will not — which is true?

The answer given is:

A: Okay, so here’s the deal: your retirement under the high-three plan is cal­culated by multiplying 2.5% by the number of years served and then taking that number and multiplying it by the aver age of the highest 36 months of active duty pay received. Rank, doesn’t actually factor into the calculation. So, depending on when you retire, your years as an E-6 may be included in the calculation. Get promoted again and you can make sure it is!

Is this a correct answer.  [I think answer is partly correct.]  The answer is partly correct if in fact the person successfully gets promoted back to E-6.  But otherwise I think the answer is not correct.  That depends on how you apply the facts above to the applicable statute.

10 U. S. Code 1407(f).

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