10 U.S. Code § 1370 - Commissioned officers: general rule; exceptions
2019—Subsec. (f)(5). Pub. L. 116–92, § 509(a)(2), added par. (5). Former par. (5) redesignated (6).
Subsec. (f)(6). Pub. L. 116–92, § 509(a)(1), (b), redesignated par. (5) as (6) and inserted “or increased” after “reduced”, “as a result of the reduction or increase” after “modification of the retired pay of the officer”, “or increase” after “the reduction”, and “An officer whose retired grade is increased as described in the preceding sentence shall not be entitled to an increase in retired pay for any period before the effective date of the increase.” at end.
2018—Subsec. (a)(1). Pub. L. 115–232, § 509(a)(1), (b)(2)(A), substituted “different” for “higher” and “subject to paragraph (2) and subsection (b)” for “except as provided in paragraph (2)” and inserted at end “When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (b)(3).”
Subsec. (a)(3). Pub. L. 115–232, § 809(a), substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.
Subsec. (b). Pub. L. 115–232, § 509(b)(1), struck out “Next” before “Lower Grade” in heading, designated existing provisions as par. (1), and added pars. (2) and (3).
Subsec. (c)(1). Pub. L. 115–232, § 509(b)(2)(B), substituted “Subject to subsection (b), an officer” for “An officer”.
Subsec. (c)(4). Pub. L. 115–232, § 509(a)(2), added par. (4).
Subsec. (d)(1). Pub. L. 115–232, § 509(a)(3), (b)(2)(C), substituted “different” for “higher” in two places and inserted “, subject to subsection (b),” before “shall” and “When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (b)(3).” at end.
Subsec. (f). Pub. L. 115–232, § 509(c), added subsec. (f).
2017—Subsec. (a)(2)(G). Pub. L. 115–91 substituted “2025” for “2017”.
2016—Subsec. (a)(2)(F). Pub. L. 114–328 substituted “2025” for “2018”.
2013—Subsec. (a)(2)(E). Pub. L. 112–239, § 507(1), inserted “(i)” after “exceed” and “or (ii) in the case of officers of that armed force in a grade specified in subparagraph (G), two officers, whichever number is greater” before period at end.
Subsec. (a)(2)(F). Pub. L. 112–239, § 506, substituted “fiscal years 2013 through 2018” for “the period ending on December 31, 2007” and “Army, Air Force, and Marine Corps” for “Air Force” and struck out “in the period” after “any fiscal year”.
Subsec. (a)(2)(G). Pub. L. 112–239, § 507(2), added subpar. (G).
2006—Subsec. (a)(2)(F). Pub. L. 109–163 added subpar. (F).
2003—Subsec. (a)(2)(A). Pub. L. 108–136, § 506(a), struck out “in the case of retirements effective during the period beginning on October 1, 2002, and ending on December 31, 2003” after “two years”.
Subsec. (d)(5)(A). Pub. L. 108–136, § 506(b), substituted “two years” for “2 years in the case of transfers to the Retired Reserve and discharges of retirement-qualified officers effective during the period beginning on October 1, 2002, and ending on December 31, 2003”.
2002—Subsec. (a)(2)(A). Pub. L. 107–314, § 505(a)(1), substituted “during the period beginning on October 1, 2002, and ending on December 31, 2003” for “during the period beginning on October 1, 1990, and ending on December 31, 2001”.
Subsec. (a)(2)(B) to (E). Pub. L. 107–314, § 505(a)(2), (3), added subpars. (B) and (C) and redesignated former subpars. (B) and (C) as (D) and (E), respectively.
Subsec. (d)(5), (6). Pub. L. 107–314, § 505(b), designated first sentence as subpar. (A), substituted “in the case of transfers to the Retired Reserve and discharges of retirement-qualified officers effective during the period beginning on October 1, 2002, and ending on December 31, 2003” for “in the case of retirements effective during the period beginning on October 17, 1998, and ending on December 31, 2001”, and added subpars. (B) and (C), and designated second sentence as (6) and substituted “paragraph (5)” for “this paragraph”.
Subsec. (e). Pub. L. 107–314, § 505(c), added subsec. (e).
2001—Subsec. (c)(3). Pub. L. 107–107, § 502, added par. (3).
Subsec. (d)(3)(B). Pub. L. 107–107, § 514, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “A person covered by subparagraph (A) who has completed at least six months of satisfactory service in grade and is transferred from an active status or discharged as a reserve commissioned officer solely due to the requirements of a nondiscretionary provision of law requiring that transfer or discharge due to the person’s age or years of service may be credited with satisfactory service in the grade in which serving at the time of such transfer or discharge, notwithstanding failure of the person to complete three years of service in that grade.”
2000—Subsecs. (a)(2)(A), (d)(5). Pub. L. 106–398 substituted “December 31, 2001” for “September 30, 2001”.
1999—Subsec. (d)(1). Pub. L. 106–65, § 1066(a)(9)(A), substituted “chapter 1223” for “chapter 1225”.
Subsec. (d)(3)(F). Pub. L. 106–65, § 1066(b)(3), made technical amendment to Pub. L. 105–261, § 513(a). See 1998 Amendment note below.
Subsec. (d)(5). Pub. L. 106–65, § 1066(a)(9)(B), substituted “October 17, 1998,” for “the date of the enactment of this paragraph”.
1998—Subsec. (a)(2)(A). Pub. L. 105–261, § 561(d), substituted “during the period beginning on October 1, 1990, and ending on September 30, 2001” for “during the nine-year period beginning on October 1, 1990”.
Subsec. (d)(3)(E). Pub. L. 105–261, § 512(a), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “To the extent authorized by the Secretary of the military department concerned, a person who, after having been extended temporary Federal recognition as a reserve officer of the Army National Guard in a particular grade under section 308 of title 32 or temporary Federal recognition as a reserve officer of the Air National Guard in a particular grade under such section, served in a position for which that grade is the minimum authorized grade may be credited for purposes of subparagraph (A) as having served in that grade for the period for which the person served in that position while extended the temporary Federal recognition, but only if the person was subsequently extended permanent Federal recognition as a reserve officer in that grade and also served in that position after being extended the permanent Federal recognition.”
Subsec. (d)(3)(F). Pub. L. 105–261, § 513(a), as amended by Pub. L. 106–65, § 1066(b)(3), added subpar. (F).
Subsec. (d)(5). Pub. L. 105–261, § 561(o), added par. (5).
1996—Subsec. (a). Pub. L. 104–106, § 502(g)(1), inserted heading.
Subsec. (a)(2)(A). Pub. L. 104–106, § 502(a)(1), struck out “and below lieutenant general or vice admiral” after “commander”.
Subsec. (a)(2)(C). Pub. L. 104–106, § 502(f), substituted “In the case of a grade below the grade of lieutenant general or vice admiral, the number of members of one of the armed forces in that grade” for “The number of officers in an armed force in a grade”.
Subsec. (b). Pub. L. 104–106, § 502(g)(2), inserted heading.
Subsec. (c). Pub. L. 104–106, § 502(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Upon retirement an officer of the Army, Navy, Air Force, or Marine Corps who is serving in or has served in a position of importance and responsibility designated by the President to carry the grade of general or admiral or lieutenant general or vice admiral under section 601 of this title may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him while serving on active duty.”
Subsec. (d). Pub. L. 104–106, § 502(g)(3), inserted heading.
Subsec. (d)(2). Pub. L. 104–201, § 544(a)(2), redesignated subpar. (A) as entire par. (2). Former subpar. (B) redesignated subsec. (d)(3).
Subsec. (d)(2)(B). Pub. L. 104–106, § 502(a)(2), struck out “and below lieutenant general or vice admiral” after “commander” in first sentence.
Subsec. (d)(3). Pub. L. 104–201, § 544(a)(3), (4), redesignated subsec. (d)(2)(B) as par. (3), designated first and second sentences as subpars. (A) and (B), respectively, in subpar. (B), substituted “subparagraph (A)” for “the preceding sentence”, and added subpars. (C) to (E). Former par. (3) redesignated (4).
Subsec. (d)(4). Pub. L. 104–201, § 544(a)(1), redesignated par. (3) as (4).
1994—Subsec. (a)(1). Pub. L. 103–337, § 1671(c)(7)(B), substituted “chapter 1223” for “chapter 67”.
Subsec. (d). Pub. L. 103–337, § 1641, added subsec. (d).
1993—Subsec. (a)(2)(A). Pub. L. 103–160 substituted “nine-year period” for “five-year period”.
1990—Subsec. (a)(2). Pub. L. 101–510 inserted “(A)” after “(2)”, inserted before period at end of first sentence “, except that the Secretary of Defense may authorize the Secretary of a military department to reduce such period to a period not less than two years in the case of retirements effective during the five-year period beginning on October 1, 1990”, designated second and third sentences as subpar. (B), substituted “subparagraph (A)” for “the preceding sentence”, and added subpar. (C).
Pub. L. 116–92, div. A, title V, § 509(c), Dec. 20, 2019, 133 Stat. 1346, provided that:
Amendment by section 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Pub. L. 106–65, div. A, title X, § 1066(b), Oct. 5, 1999, 113 Stat. 772, provided that the amendment made by section 1066(b) is effective Oct. 17, 1998, and as if included in the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, Pub. L. 105–261, as enacted.
Pub. L. 105–261, div. A, title V, § 512(b), Oct. 17, 1998, 112 Stat. 2007, provided that:
Pub. L. 105–261, div. A, title V, § 513(b), Oct. 17, 1998, 112 Stat. 2008, provided that:
Pub. L. 104–106, div. A, title V, § 502(e), Feb. 10, 1996, 110 Stat. 293, provided that:
Amendment by section 1671(c)(7)(B) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1641 of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
For provisions relating to the time-in-grade requirement for voluntary retirement of officers not subsequently promoted, see section 629 of Pub. L. 96–513, set out as a note under section 611 of this title.