Officer Grade Determinations

Minor Paperwork – Major Problem

Officer Grade Determinations – What you need to know

The requirement can come out of nowhere to respond to an Officer Grade Determination (OGD). Years ago, only serious misconduct would result in an officer facing a Grade Determination when they decided to retire. Now, after changes in the law a few years ago, highly decorated, hard-charging officers are spending their last months on active duty, defending their impressive careers through an officer grade determination. Instead of planning their retirement ceremony or interviewing for their post-retirement job, they are contacting prior bosses and colleagues for letters of support.

If you have been the subject of an official investigation (even if at the command level) that substantiated any allegation, law requires that you be notified that you are facing an officer grade determination.

The decision of what grade you will be retired in is made by the Service Secretary or their designee. What they are looking for is the grade in which you last served “satisfactorily.” This is laid out in 10 USC § 1370; however, “satisfactorily” is not defined.

If you are a Lieutenant Colonel or above and have received an LOR, an Article 15 (Non-Judicial Punishment), or been the subject of a substantiated investigation in your current rank, you will face an OGD. There are a few other reasons you may face an OGD, but those are the main reasons. What I see the most of is officers who had substantiated command investigations but may not have even received administrative paperwork (Letter of Counseling, Admonishment or Reprimand) as a result. Those officers still face an OGD at retirement. Even if they went on to command or other prestigious jobs, they will still be answering an OGD to determine what grade they will retire in.

It is essential to be prepared to answer an OGD, have your records ready, and respond within the 10 days that you have to respond once notified so that your retirement date will not be affected. You need to take this seriously, no matter how minor you believe the issue is that is causing this OGD. The reduction in grade over your lifetime could equate to hundreds of thousands of dollars in lost income.

Do you need to hire counsel? I would. Don’t do this by yourself; it’s too important.

If you believe (or know) you will be facing an officer grade determination when you choose to retire, email me at toni.oneill@parlatorelawgroup.com and set up a consultation to discuss your next steps. Give yourself your best chance at success with experienced counsel by your side.