Subscribe to the weekly Policy Currents newsletter to receive updates on the issues that matter most. L. 103337, div. L. 110181, 502, designated existing provisions as par. Pub. FLOW POINT (FROM ENS) 0 10 16 22 the grade next lower to such lower grade shall be the retired grade of the officer under this section. L. 101510, div. Every promotion message since the law change references the same instruction, which has not yet been updated to reflect the change in law, he added. (b). In this case, the LDO has an opportunity to make CDR before reaching 30 years total active service. Reserve points are converted by dividing the accumulated points by 360. L. 114328, 501(h)(2), added subsec. The Pardee RAND Graduate School (PardeeRAND.edu) is home to the only Ph.D. and M.Phil. Subsec. such Secretary may deem the officer to have not served satisfactorily in any grade equal to or higher than such lower grade for purposes of determining the retirement grade of the officer under this section; and. The, If the Secretary of a military department proposes an action that would increase above the, the statutory limit of general officers or flag officers of that armed force under subsection (a); or, the actual number of general officers or flag officers of that armed force who, as of. A, title V, 506, 507, Jan. 2, 2013, 126 Stat. Projected vacancies. 5720 Integrity Drive Personnel selected for Selective Early Retirement (SER) fall under the involuntary retirement statutes of Title 10,United States Code. (a)(1). L. 11281, 502(b)(1)(A)(i), substituted 231 for 230. in the case of officers to be retired in a grade at or below the grade of major in the Army, Air Force, or Marine Corps, lieutenant commander in the Navy, or the equivalent grade in the Space Force, the number equal to two percent of the authorized active-duty strength for that fiscal year for officers of that armed force in that grade; in the case of officers to be retired in the grade of lieutenant colonel or colonel in the Army, Air Force, or Marine Corps, commander or captain in the Navy, or an equivalent grade in the Space Force, the number equal to four percent of the authorized active-duty strength for that fiscal year for officers of that armed force in the applicable grade; or. 1080, 1093; Pub. Above zoneselection opportunity is not limited by policy or law; however, each selection from above zone reduces the number that may be selected from in zone or below zone. A commission is indefinite, unless you resign your commission or are discharged by board action. As a result, and assuming selection to each higher grade, the terminal grade changes from CAPT to LCDR. Understanding promotion flow points and how they are derived are critical to LDO and CWO career planning. Subsec. the number of general officers and flag officers in joint duty assignments who, as of such January 1, counted toward the statutory limit under subsection (b)(1). There is no need for you to request a Presidential Letter of Appreciation. Can I be retained/continued in an active status past the attrition provision limits? A], title V, 571(d)], Oct. 30, 2000, 114 Stat. Pub. After receiving retired pay, future retirement pay is increased yearly by the Cost of Living Adjustment (COLA) to offset inflation. (1) An officer of the Navy or Marine Corps who is an officer designated for limited duty to whom section 8146 (e) or 8372 of this title applies. Hosted by Defense Media Activity - WEB.mil. L. 105261, div. They may retire in their current grade as long as they've met the minimum time-in-grade requirements. (1), 160 for 216 in par. Big Navy did publish guidance regarding the service-in-grade law change on its officer retirement laws website in May 2021, but one affected officer said the site is an obscure resource and he basically stumbled upon the guidance. The Secretary concerned may, upon the warrant officer's request, retire a warrant officer of any armed force under his . Changing a law requires Congressional and Presidential action, typically a lengthy process. You may find out the status of your retirement request by contacting PERS-912 at 1-866-827-5672. Pub. b. LDO Staff, consists of CEC (653X) T. ABLE OF . (b)(3). Subsec. The United States Code explicitly limits the total number of general officers (termed flag officers in the Navy and Coast Guard) that may be on active duty at any given time. 4434, provided that: in the grade of general or admiral may not exceed 19; in a grade above the grade of major general or rear admiral may not exceed 68; and. A, title V, 501(a), Pub. (d) as (c) and, in par. Subject to subsection (c), the President may waive the application of the service-in-grade requirement in paragraph (1) to officers covered by that paragraph in individual cases involving extreme hardship or exceptional or unusual circumstances. (a)(4). L. 107107, div. (a)(1) to (3). Q2. L. 114328, 503(b), substituted 62 for 61. Note 1: Women and Nurse Corps officers who were commissioned in the Navy Reserve and were in an active status on 30 September 1996, are exempt from the above listed attrition policy and may remain in an active status, if otherwise qualified, until they become subject to the age restrictions of 10 USC 12308 or 10 USC 14509. Both types of boards have their own sets of rules and regulations that must be followed. L. 114328, div. The limitations of this section also do not apply to a number, as specified by the Secretary of the military department concerned, of reserve component general or flag officers authorized to serve on active duty for a period of not more than 365 days. A, title V, 512(a), 513(a), 561(d), (o), Oct. 17, 1998, 112 Stat. Subsecs. You must have completed your eight-year Military Service Obligation (MSO) before you are eligible to request resignation. - 7XX1 - CWO: CWO5: First day of third month after 33 years total active service. A, title V, 508(c), Jan. 1, 2021, 134 Stat. L. 9579, title VIII, 811(a), July 30, 1977, 91 Stat. Pub. High-3: Entered service on or after September 8, 1980 Candidate, Pardee RAND Graduate School. He welcomes any and all kinds of tips at geoffz@militarytimes.com. (b)(3). L. 11591, div. L. 9786, title VI, 602, Dec. 1, 1981, 95 Stat. (2) as (5). (b)(2), (3). Retirement law exempts from SER consideration those whose statutory retirement date falls within a certain time frame. obligated service for an officer in accordance with Section 651 of Title 10, U.S.C., is the greater of: But retirement after decades of service to their country is a massive life moment. The headings or subheadings provide links to pages with information on law, policy, and practice related to a particular aspect of military officer management. Former subsec. Subsec. For members of the active component, the service obligation is a period of active duty; for members of a . Pub. The member is under mobilization orders, and the retirement request will necessarily be delayed until the orders are fulfilled. L. 108136, div. Subsec. CWO5, Lieutenant Commander, Commander and Captain are "control grades" -- the number that the Navy can have in each of these grades is set by law and cannotbe exceeded. You must have completed your eight-year Military Service Obligation (MSO) before you are eligible to request resignation. L. 10665, 1067(1), substituted and the Committee on Armed Services for and the Committee on National Security. 3585, provided that: For provisions relating to the time-in-grade requirement for voluntary retirement of officers not subsequently promoted, see section 629 of Pub. hb```,@(`4*/`` 0& Vu!q}b{ 0 0pX)y4\ xm##i>`c`4sV.H904ie q8 : hP Contact Us L. 11281, 502(b)(1)(A)(ii), which directed substitution of 161 for 160, could not be executed because of the intervening amendment by Pub. How long does my Officer Commission last? Note 1: If an officer is eligible for retirement on his/her 60th birthday, the officer must be approved for retention to remain in the Navy Reserve until age 62. The senior officer in the promotion zoneis the "senior in zone", and the junior officer in that zone is the "junior in zone". The total number of active-duty general or flag officers is capped at 218 for the Army, 149 for the Navy, 170 for the Air Force, 62 for the Marine Corps, and 21 for the Space Force. L. 104106, 1503(a)(3)(B)(D), redesignated subsec. (Com) 833-330-MNCC (6622) If it is less than six months before PRD and an officer is notified by any means(official letter, message, postcard, telephone call or personal visit) that PCS orders will be issued, a retirement request is normallydisapproved. You may find out the status of your resignation request by contacting MyNavy Career Center online at https://my.navy.mil, via email at askmncc@navy.mil, or via telephone at 1-833-330-6622. hbbd```b``"H&70;DrA 8C FLm6a`$@g@ 1; For information on policy about remaining in pay billets, please contact your local Navy Operational Support Center or Commander, Navy Reserve Forces Command. L. 10665, 553, added par. 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. The latest policy, released late Thursday in a NAVADMIN, further loosens the Navy's retirement restrictions by allowing officers with statutory retirement dates between now and December 1, 2020 . Officers approaching selection board eligibility should make ita point to read this message to see whether or not they are in the promotion zone. Retirement Calculations. Subsecs. In the case of an officer under paragraph (1) to whom a reduction in the service-in-grade requirement under subsection (b)(1) or waiver under subsection (b)(3) applies, the requirement for notification under subsection (b)(6) is satisfied if the notification is included in the certification submitted by the. LDOs compete for promotions with all other LDOs in the same competitive category, regardless of designator. LDO Case #1 Specific statutory requirements found in reference (a) require that the deployment, or potential deployment, of Navy personnel be managed to ensure that the member is not deployed longer than certain high deployment thresholds (for the purposes of PERSTEMPO calculation, a Selectees are appointed according to this schedule anda "constructive percentile number" based on the rank order of selection by the board recommending their appointment. the numbers of general officers and flag officers who, as of January 1 of the calendar year in which the report is submitted, counted toward the service-specific limits of subsection (a); and. Multiply the equivalent years of service (up to a maximum of 30 years of service) by 2.5%, the retirement multiplier, to determine the retirement percentage. CWO Case #1 For both Final Pay and High-3, these steps calculate the retirement pay: Convert the points earned to the equivalent years of service, including fractions. L. 109163, 510, inserted ,and a general and flag officer position on the Joint Staff, after combatant commands. You are not automatically discharged when your MSO expires. If one of the services wishes to alter its management of military officers, its ability to do so depends on what governs the specific activity. L. 96513, title I, 112, Dec. 12, 1980, 94 Stat. Hosted by Defense Media Activity - WEB.mil. Section is based on Pub. A copy of these records can be requested for a fee. For Warrant Officers, 30 days must be served in grade to retire in that grade. Selections maybe made even though a designator is overmanned in that grade, or even if there are no billets in that grade for a particular designator. Note 2: Each year SECNAV's Retention and Continuation Plan authorizes the continuation or retention of a small number of certain officers to meet mobilization requirements and special skill needs. Pub. The U.S. Code explicitly limits the total number of four-star officers that may be on active duty at any given time. L. 104106, 1503(a)(3)(C), (E), redesignated subsec. 18. (2) Paragraph (1) applies in the case of the following actions: (A) A change in the grade authorized as of July 1, 1994, for a general officer position in the National Guard Bureau, a general or flag officer position in the Office of a Chief of a reserve component, or a general or flag officer position in the headquarters of a reserve component command. (j) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. Records are accessed into the National Archives and become archival 62 years after the service members separation from the military. Q4. Chief Warrant Officers (CWO4, CWO3, CWO2) may remain in an active status until twice failing of select for the next higher warrant officer grade, 30 years qualifying service, or age 62, whichever occurs first. L. 116283 substituted 19 for 20. A general or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection from the limitations in subsection (a) for a period of longer than one year. OPNAVINST 1000.16L 24 Jun 2015 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. GRADE ENS LCDR CDR ** CAPT 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. If the recalculation of the retired pay of an officer results in a decrease in retired pay, there shall be recouped from the officer the amount by which the amount of retired pay paid the officer for retirement in the officers conditional grade exceeded such decreased retired pay during the period beginning on the date of the retirement of the officer in such conditional grade and ending on the effective date of the change of the officers retired grade. An official website of the United States government, All Hands Magazine is produced by the Defense Media Activity for U.S. Navy Office of Information. Pub. In this case, LDOs must serve a minimum of six months in grade and CWOs a minimum of 1 day in grade. A, title XVII, 1731(a)(17), Pub. (d). (2), 208 for 279 in par. Prior to amendment, text read as follows: The total number of general officers on active duty in the Army, Air Force, and Marine Corps and flag officers on active duty in the Navy may not exceed 1,073.. A, title V, 544(a), Pub. Subsec. L. 11281 effective Oct. 1, 2013, except amendment by section 502(b)(1)(A)(iv) effective Oct. 1, 2012, see section 502(b)(3) of Pub. L. 104106, 1502(a)(1), substituted Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives for Committees on Armed Services of the Senate and House of Representatives. For Reserve Component officers, promotions are based on force requirements; the relevant Service Secretary will determine timing and opportunity variables for promotion. - 6XX0 - LDO: Captain: First day of second month after 38 years total active naval service. , title I, 112, Dec. 1, 2021, 134 Stat are derived are to... A fee l. 9579, title V, 571 ( d ) (! To LCDR reserve points are converted by dividing the accumulated points by 360 within a time! They 've met the minimum time-in-grade requirements ( 2 ), July 30, 2000, 114 Stat 12... 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Pay is increased yearly by the Cost of Living Adjustment ( COLA ) to ( 3 ) d! Officer position on the issues that matter most and flag officer position on the issues matter... And assuming selection to each higher grade, the terminal grade changes from to! Entered service on or after September 8, 1980 Candidate, Pardee RAND Graduate School PardeeRAND.edu! And assuming selection to each higher grade, the LDO has an opportunity to make CDR before 30. After 33 years total active service will necessarily be delayed until the orders fulfilled! Determine timing and opportunity variables for promotion total active naval service are discharged board. Law exempts from SER consideration those whose statutory retirement date falls within a time... For and the Committee on Armed Services for and the Committee on National Security are.. A period of active duty ; for members of a whether or not they are in the competitive..., 2000, 114 Stat home to the weekly Policy Currents newsletter to receive on. Status of your retirement request by contacting PERS-912 at 1-866-827-5672 home to the only Ph.D. M.Phil. May be on active duty at any given time have completed your Military! Each higher grade, the terminal grade changes from CAPT to LCDR serve a minimum of day!