L. 107314, div. It identifies salient aspects of law and policy but does not attempt to provide a comprehensive review of either. There are legal, medical, or other reasons, which may delay processing. Many of the policy documents are dozens of pages long, often with very detailed procedural instructions that are largely excluded from this resource. The determination of satisfactory service of an officer in a grade under paragraph (1) shall be made as follows: Effect of misconduct in lower grade in determination., If the Secretary of a military department or the, Nature of retirement of certain reserve officers and officers in temporary grades., Nature of retirement of certain removed officers., Retirement of Officers Retiring Voluntarily., In order to be eligible for voluntary retirement under any provision of this title in a grade above the grade of captain in the Army, Air Force, or Marine Corps, lieutenant in the Navy, or the equivalent grade in the Space Force, a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force must have served on active duty in that grade for a period of not less than three years, except that, Limitation on reduction or waiver of requirement for officers under investigation or pending misconduct., Grade and fiscal year limitations on reduction or waiver of requirements., The aggregate number of members of an armed force in a grade for whom reductions are made under paragraph (1), and waivers are made under paragraph (3), in a fiscal year may not exceed, Notice to congress on reduction or waiver of requirements for general, flag, and equivalent officer grades., Retirement in next lowest grade for officers not meeting requirement., Requirements in connection with certification., A certification with respect to an officer under paragraph (1) shall, Conditional Retirement Grade and Retirement for Officers Pending Investigation or Adverse Action., When an officer serving in a grade at or below the grade of major general in the Army, Air Force, or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement, the Secretary of the military department concerned may, When an officer described by subsection (c)(1) is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement, the, Reduction or waiver of service-in-grade requirement prohibited for general, flag, and equivalent officer grades., Final Retirement Grade Following Resolution of Pending Investigation or Adverse Action., No change from conditional retirement grade., Change from conditional retirement grade., Payment of higher amount for period of conditional retirement grade., Recoupment of overage during period of conditional retirement grade., Finality of Retired Grade Determinations.. GRADE ENS LCDR CDR CAPT It turned out a law change in the fiscal year 2021 defense policy bill, which became law on Jan. 1, 2021, now required O-4s to serve three years at that rank, not two. Pub. At age 60, the member is eligible for a base pay of $4500 (assumed pay rate at age 60). The total number of active duty general officers is capped at 231 for the Army, 62 for the Marine Corps, 198 for the Air Force, and 162 for the Navy. For an officer whose retired grade is determined pursuant to subsection (c), the effective date of the change of the officers retired grade for purposes of this subparagraph shall be the date that is 60 days after the date on which the. If the retirement or retired grade of the officer was procured by fraud. The Army is also in the process of updating is regulation covering such matters but has reached out to its component retirement sections to make them aware of the change, according to spokeswoman Maj. Angel Tomko. (3), and 60 for 81 in par. Pay grades are divided into three groups: [1] enlisted (E), warrant officer (W), and officer (O). In case #2, the flow points increased by two years, making it likely that the LDO will reach the 30 year mandatory retirement point before being considered for CDR. A commission is indefinite, unless you resign your commission or are discharged by board action. (b)(2)(C)(i). In the case of an officer to be retired in a grade that is a general or flag officer grade, or an equivalent grade in the Space Force, who is eligible to retire in that grade only by reason of an exercise of the authority in paragraph (1) to reduce the service-in-grade requirement in that paragraph, or the authority in paragraph (3) to waive that requirement, the, An officer described in paragraph (1) whose length of service in the highest grade held by the officer while on active duty does not meet the period of the service-in-grade requirement applicable to the officer under this subsection shall, subject to subsection (c), be retired in the next lower grade in which the officer served on active duty satisfactorily, as determined by the Secretary of the military department concerned or the, An officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is serving or has served in a position of importance and responsibility designated by the President to carry the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force under, include an up-to-date copy of the military biography of the officer; and. (b) which read as follows: Transfers Between Services.During the period before October 1, 1995, the Secretary of Defense may increase the number of general officers on active duty in the Army, Air Force, or Marine Corps, or the number of flag officers on active duty in the Navy, above the applicable number specified in subsection (a) by a total of not more than five. 1561; Pub. - Grade LDOs compete for promotions with all other LDOs in the same competitive category, regardless of designator. However, to receive retired pay at age 60 (or anytime before age 62), members must request transfer to Retired Reserve Status and request to receive retired pay. Stalled in Ukraine, Kremlin Increasingly Turns to Political Theater, Devices and Data: The Information We Share, Helping Coastal Communities Plan for Climate Change, Measuring Wellbeing to Help Communities Thrive, Assessing and Articulating the Wider Benefits of Research, Cornell Law School Legal Information Institute, Air Force e-Publishing Publications and Forms, Marine Corps Publications Electronic Library, Active Duty List and Reserve Active Status List. Policy for officer statutory boards is dictated by SECNAVINST 1401.3A and must meet requirements set down in U.S. Code, Title 10. Pub. (b)(2) to (5). The minimum service obligation for navigators and flight officers is to be set at 6 years. A, title V, 544(a), Sept. 23, 1996, 110 Stat. Pub. Pub. SECNAV may authorize a waiver of commissioned service of 10 years to 8 years as authorized by law. Can I remain in my pay billet after failing of selection for promotion? (B) Assignment of a reserve component officer to a general officer position in the National Guard Bureau, to a general or flag officer position in the Office of a Chief of a reserve component, or to a general or flag officer position in the headquarters of a reserve component command in a grade other than the grade authorized for that position as of July 1, 1994. * = CWO years time in grade (e-mail) askmncc@navy.mil (b)(1). Dave Hecht. In some circumstances LDOs/CWOs may be directed to revert to their former enlisted statusand then separate or retire, in cases where punitive or administrative action were determined. (c) as (b), struck out that are applicable on and after October 1, 1995 after limitations in subsection (a), and struck out former subsec. Giving notice on behalf of the employee by an appropriate officer in the uniformed Service member's chain of command. 532 for original appointments as "regular" commissioned officers. Reference: SECNAVINST 1400.1 (Series) LDOs are grouped intohe following competitive categories: Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, Marine Corps, or Space Force who retires under any provision of law other than chapter. MINIMUM SERVICE REQUIREMENTS (e). The requirements are: Must be a citizen of the United States; Must be able to complete 20 years of active commissioned service before age 62; Must be of good moral character; L. 109163, 503(b)(2), substituted Certain Reserve Officers for Certain Officers in heading. And according to two affected. (a)(4). The member is under mobilization orders, and the retirement request will necessarily be delayed until the orders are fulfilled. DoD SAFE Hotline The minimum service obligation of any member who successfully completes training in the armed forces as a pilot shall be 8 years, if the member is trained to fly fixed-wing jet aircraft, or 6 years, if the member is trained to fly any other type of aircraft. L. 102484, 403(a), added subsec. L. 105261 substituted October 1, 2002 for October 1, 1998. L. 11692, div. PERS-313 Drawing upon decades of experience, RAND provides research services, systematic analysis, and innovative thinking to a global clientele that includes government agencies, foundations, and private-sector firms. L. 116283, div. Officers submit voluntary retirement requests to SECNAV, via their commanding officer (or ISIC as appropriate)and BUPERS (PERS-8), nine to 12 months prior to desired date (MILPERSMAN 1810-020). A, title V, 505, Dec. 2, 2002, 116 Stat. However, oncepromoted to CDR, the maximum tenure allowed by law for an LDO is 35 years total active naval service, or twice failing of selection for promotion to CAPT,whichever occurs first. Pub. 2013Subsec. Pub. Q3. for fulfilling the statutory military service obligation (MSO). A final determination of the retired grade of an officer may be reopened as follows: For purposes of this subsection, the applicable Secretary for purposes of a determination or action specified in this subsection is, If a final determination of the retired grade of an officer is reopened in accordance with paragraph (2), the applicable Secretary, Additional notice on reopening for officers retired in o9 and o10 grades., If the retired grade of an officer is proposed to be changed through the reopening of the final determination of an officers retired grade under this subsection, the change in grade shall be made, in the case of an officer whose retired grade is to be changed to a grade at or below the grade of major general in the Army, Air Force or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force, in accordance with subsections (a) and (b), Transition Provisions Under Defense Officer Personnel Management Act, Pub. CONTINUATION L. 104106, 1503(a)(3)(B)(D), redesignated subsec. in the grade of major general or rear admiral may not exceed 144. each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced. A, title V, 508(c), Jan. 1, 2021, 134 Stat. Using the pay table in effect on the date that the member or former member reaches age 60, determine the basic pay based on the members grade and length of service. As indicated above, officers are placed in promotion zones based on vacancies and their relative seniority, instead of by year group. Text read as follows: (1) Not later than 60 days before an action specified in paragraph (2) may become effective, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report providing notice of the intended action and an analytically based justification for the intended action. After receiving retired pay, future retirement pay is increased yearly by the Cost of Living Adjustment (COLA) to offset inflation. 2003Subsec. If, at any time, the actual number of general officers and flag officers in joint duty assignments counted toward the statutory limit under subsection (b)(1) exceeds such statutory limit, then no increase described in paragraph (1) may occur until the number of general officers and flag officers in joint duty assignments is reduced below such statutory limit. Lastly, each page has links for further reading. (h) and (i). Veterans Crisis Line requests may be submitted six to nine months prior. Waivers past age 62 are allowed for Navy Reserve officers in the Medical Corps, Dental Corps, Nurse Corps, Medical Service Corps (with certain subspecialties) and Chaplain Corps. Comments or Suggestions about this website? Pub. Administrative boards are governed by Navy policy and include enlisted advancement boards and commanding officer screening boards. Subsec. CWO4 *As announced *7 A, title IV, 403(a), Nov. 5, 1990, 104 Stat. A year group is simply a convenient way to refer to officers with original dates of rank in the same fiscal year. L. 103160, div. The Secretary concerned may, upon the warrant officer's request, retire a warrant officer of any armed force under his . A, title V, 502(c)(2), Pub. 526 (redesignated as 10 U.S.C. Not later than 30 days after determining to raise or lower a number specified in paragraph (2), the, The Chairman of the Joint Chiefs of Staff may designate up to 15 general and flag officer positions in the unified and specified combatant commands, and up to three general and flag officer positions on the, A reserve component officer serving in a position designated under subparagraph (A) while on active duty under a call or order to active duty that does not specify a period of 180 days or less shall not be counted for the purposes of the limitations under subsection (a) and under, the Chairman of the Joint Chiefs of Staff may submit to the, Whenever the Secretaries of the military departments are required to submit the names of officers under subparagraph (C)(i), the Chairman of the Joint Chiefs of Staff shall submit to the, Subparagraph (B) does not apply in the case of an officer serving in a position designated under subparagraph (A) if the. 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