eliminator
Full Member
- Reaction score
- 75
- Points
- 460
Sorry, this is going to be long winded. Basically I don't agree with the date the Career Manager is going to put on my promotion message following my Admin Review. it appears that he's applying the TCAT policy not the PCAT/AR policy. I'm looking for some opinions.
I found out a couple of days ago through my Career Manager (CM) that a final decision regarding my medical administration review (AR) has been reached. They decided that I shall be "retained without restrictions." This implies that I do not breach universality of service and subsequently meet all the prerequisites for promotion to the rank of Lieutenant. (finally after 2 years of TCATs)
The CM indicated that a new promotion message will have to be cut since my original promotion message to the rank of Lt. dated May 2010, (effective Aug 2008) was deferred due to a Medical Administrative Review. According the CM, this previous promotion message is no longer valid since according to (I assume) DGMC Memorandum dated 21 Jun 06: BACKDATING OF PROMOTIONS: Section 7
7. Promotions delayed by temporary medical limitations. When the
promotion of an officer on NCM is deferred as a result of a temporary
medical restriction, it may be backdated to the original date of the
promotion or up to one year - whichever is less - once the temporary
medical restriction is lifted.
From my brief conversation with the CM on the phone regarding the backdating of my promotion, he has indicated that I will be promoted
to Lt. effective June 2009, which was calculated as one year prior to the commencement of my PCAT/AR process. (not sure what reference this
comes from) I believe that the CM is applying the incorrect policy for my situation.
Given that my file went forward in June 2010 for a Permanent Medical Category (PCAT) and a subsequent Administrative Review (AR), I believe
that the policy stated in the lesser know document: EMPLOYMENT LIMITATIONS AND PROMOTIONS: DGMC Memorandum dated 24 July 06: Section
7.a, b., more accurately reflects my situation, as it is NOT a Temporary Medical Limitation:
Permanent Employment Limitations: When a member is selected for
promotion and has been awarded permanent employment limitations:
a. the promotion is to be deferred in the instances where the
career/admin review has yet to reach a final determination. Once the
approving authority has made a decision, the promotion is to be
reconsidered in light of the decision rendered;
b. in instances where a career/admin review has be completed, the
promotion is to be actioned in accordance with the results of the
career/admin review.
In summary, I believe that the policy that the CM is implementing regarding my promotion is incorrect, as it applies to temporary
medical limitations (TCAT) and not those of the PCAT/AR process which I incurred. By enacting the temporary medical restrictions policy, I will be disadvantaged by approximately ten months of seniority in rank and will have to serve time in the rank of Lt. before promotion to the rank of Capt. (which I'm already in the position of since May of last year)
By nature of the PCAT/AR process, several months, if not a year, is required to complete the entire process. The time frame of "one year
or less" used in the backdating of promotion for temporary medical restrictions is not appropriate in the case of members incurring the
PCAT process as it is beyond their control how long the process takes. Clearly, in my opinion, the policy designed to protect me, the member,
is not being implemented to their fullest regarding the backdating of my promotion.
Thoughts? Am I out to lunch on interpreting the policy?
I found out a couple of days ago through my Career Manager (CM) that a final decision regarding my medical administration review (AR) has been reached. They decided that I shall be "retained without restrictions." This implies that I do not breach universality of service and subsequently meet all the prerequisites for promotion to the rank of Lieutenant. (finally after 2 years of TCATs)
The CM indicated that a new promotion message will have to be cut since my original promotion message to the rank of Lt. dated May 2010, (effective Aug 2008) was deferred due to a Medical Administrative Review. According the CM, this previous promotion message is no longer valid since according to (I assume) DGMC Memorandum dated 21 Jun 06: BACKDATING OF PROMOTIONS: Section 7
7. Promotions delayed by temporary medical limitations. When the
promotion of an officer on NCM is deferred as a result of a temporary
medical restriction, it may be backdated to the original date of the
promotion or up to one year - whichever is less - once the temporary
medical restriction is lifted.
From my brief conversation with the CM on the phone regarding the backdating of my promotion, he has indicated that I will be promoted
to Lt. effective June 2009, which was calculated as one year prior to the commencement of my PCAT/AR process. (not sure what reference this
comes from) I believe that the CM is applying the incorrect policy for my situation.
Given that my file went forward in June 2010 for a Permanent Medical Category (PCAT) and a subsequent Administrative Review (AR), I believe
that the policy stated in the lesser know document: EMPLOYMENT LIMITATIONS AND PROMOTIONS: DGMC Memorandum dated 24 July 06: Section
7.a, b., more accurately reflects my situation, as it is NOT a Temporary Medical Limitation:
Permanent Employment Limitations: When a member is selected for
promotion and has been awarded permanent employment limitations:
a. the promotion is to be deferred in the instances where the
career/admin review has yet to reach a final determination. Once the
approving authority has made a decision, the promotion is to be
reconsidered in light of the decision rendered;
b. in instances where a career/admin review has be completed, the
promotion is to be actioned in accordance with the results of the
career/admin review.
In summary, I believe that the policy that the CM is implementing regarding my promotion is incorrect, as it applies to temporary
medical limitations (TCAT) and not those of the PCAT/AR process which I incurred. By enacting the temporary medical restrictions policy, I will be disadvantaged by approximately ten months of seniority in rank and will have to serve time in the rank of Lt. before promotion to the rank of Capt. (which I'm already in the position of since May of last year)
By nature of the PCAT/AR process, several months, if not a year, is required to complete the entire process. The time frame of "one year
or less" used in the backdating of promotion for temporary medical restrictions is not appropriate in the case of members incurring the
PCAT process as it is beyond their control how long the process takes. Clearly, in my opinion, the policy designed to protect me, the member,
is not being implemented to their fullest regarding the backdating of my promotion.
Thoughts? Am I out to lunch on interpreting the policy?