(a)(2). L. 105261, div. 2968, 3014; Pub. Enlisted pay grades begin at E-1 and end at E-9; warrant officer pay grades originate at W-1 and terminate at W-5; and officer pay grades start at O-1 and finish at O-10. C. . (2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy. (c)(1). Subsecs. Service Requirements underthe Promotion Page provides minimum time-in-grade requirements for both voluntary and involuntary retirements. Title 10 US Code, Section 6323, which requires a minimum of 10 years of commissioned time, is only applicable to members earning active duty retirements. 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. NCIS Tips, An official website of the United States government, SLIDESHOW | 1 images | Reserve Retirement, https://www.facebook.com/NavyReserveCareerCompass/, https://www.public.navy.mil/bupers-npc/career/reservepersonnelmgmt/ReserveRetirements/Pages/default.aspx, Hosted by Defense Media Activity - WEB.mil. Statutory limits The U.S. Code of law explicitly limits the total number of four-star officers that may be on active duty at any given time. Comments or Suggestions about this website? A, title V, 501(c), Pub. You must have completed your eight-year Military Service Obligation (MSO) before you are eligible to request resignation. Control grade limitationsdirectly affect flow points, described below in detail. Per MILPERSMAN 1800-020, fiscal constraints limit the release of continental United States orders to no earlier than 6 months prior to the actual retirement date and no earlier than 9 months. (b)(3). (2) For officers in the grade of O-4 and depending on the skill requirements of the Military Service concerned, the Secretary of the Military Department concerned may select commissioned officers on the ADL for continuation for up to a maximum of 24 years of commissioned service, pursuant to Section 637(a)(3) of Title 10, U.S.C. Members must not be excluded from retired pay per one of the exclusionary provisions of 10 USC Chapter 1223. 2019Subsec. Reference: SECNAVINST 1400.1 (Series) Pub. Officer management occurs within a framework of law, policy, and practice. L. 10665, div. Subsecs. GRADE ENS LCDR CDR CAPT (1) and added par. For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the, The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under. 1110. This option is seldom required. CWO3 AFQ *3 TOTAL YEARS OF SERVICE 17 20 24 30 Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force serving in a general or flag officer grade shall be retired on the first day of the month following the month in which the officer becomes 64 years of age. L. 114328, set out as a note under section 111 of this title. There are legal, medical, or other reasons, which may delay processing. (e) as (d). Total points earned: 4400 Lastly, each page has links for further reading. The other officer said hes currently awaiting a decision from Navy Personnel Command regarding his time-in-grade waiver request but said he would have made a different decision if he had known about the law change. These officers must complete requirements for re-designationinto their parent RL designators. 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. Subsec. L. 104106, 1503(a)(3)(B)(D), redesignated subsec. Limited Duty Officers assigned to off ramp designators do not compete for control grade promotions. 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. OPNAVINST 1000.16L 24 Jun 2015 reaches the statutory age for enlistment, unless the enlistment contract was voided or invalidated . Pub. L. 110181, 502, designated existing provisions as par. Statutory Retirement for Active Duty CWOs (30 years or more) References: 10 USC 1305, 10 USC 1371 For retirement as a CWO5: - 33 years and 60 days of active service - Continuation per the. A, title X, 1066(a)(9), Pub. 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. 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. c. Determine applicable training requirements for Service members transferred to the . SECNAVINST 1420.3 (Series) Promotion opportunity, expressed in percent, is applied to the number of authorized promotions, to determine the size of the promotion zone. %PDF-1.6 % It describes the laws and policies that affect various aspects of active and reserve component officer personnel management. Projected vacancies. Subsec. 527 by the bill) should apply with respect to this limitation and accordingly amended the suspension authority in present law to include the codified general and flag officer limitation. A, title V, 507(c), Pub. (2) For the Navy, 151. 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 The summary below identifies the basic criteria an officer must meet to qualify for a Regular retirement from the Active Component or from Full-Time Support (FTS) active service for many frequently encountered situations. Pub. A, title V, 501(c)(2), Pub. Q7. MINIMUM SERVICE REQUIREMENTS Can I remain in my pay billet after failing of selection for promotion? A, title V, 508(c), Jan. 1, 2021, 134 Stat. High Year Tenure ( HYT) is a term used by the United States Armed Forces to describe the maximum number of years enlisted members may serve at a given rank without achieving promotion, after which they must separate or retire. 1667; Pub. in the grade of major general or rear admiral may not exceed 144. SECNAV may authorize a waiver of commissioned service of 10 years to 8 years as authorized by law. Officer authorizations are adjusted yearly to reflect changes in the sizeand shape of the Navy. Pub. obligated service for an officer in accordance with Section 651 of Title 10, U.S.C., is the greater of: L. 103160, div. But the little-publicized law change has muddied this process for some O-4s. L. 114328, div. The officer who continuallystrives for, and achieves, outstanding performance in all assignments can expect to have a satisfying and rewarding career. (k)(3), probably means the subsec. * = CWO years time in grade 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. L. 109163, 510, inserted ,and a general and flag officer position on the Joint Staff, after combatant commands. The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for training or who is on active duty under a call or order specifying a period of less than 180 days. Pub. (k). L. 11184, 502(g)(1), added par. Anyone retiring from the military knows that the process is often a years-long, carefully calibrated effort to line up new work, a new home and other necessities. After receiving retired pay, future retirement pay is increased yearly by the Cost of Living Adjustment (COLA) to offset inflation. Millington, TN 38055. EXAMPLE: A reservist retired under the Final Pay system at age 47. (h), (i). Find NOSC (k) as (l). And according to two affected officers who spoke with Navy Times for this report, nobody from the sea service told them. For Reserve Component officers, promotions are based on force requirements; the relevant Service Secretary will determine timing and opportunity variables for promotion. The Secretary of Defense shall allocate those exclusions to the armed forces based on the number of general or flag officers required from each armed force for assignment to . An. For specific information regarding eligibility for retention or continuation please visit the Reserve Officer Continuation page. L. 110417, 525, substituted up to three general and flag officer positions for a general and flag officer position. (b)(3)(A). Former subsec. Treating people in this manner creates distrust within the organization, not just with those directly affected.. Pub. That is an issue because Navy administrative messages, or NAVADMINs, regarding promotions that are sent out monthly reference that OPNAV instruction for promoting officers, so that they know how long they will need to serve at their new rank before they can voluntarily retire. L. 11184, div. Pub. Present law (section 811(a) of Public Law 9579, as amended) provides that the authority to suspend the limitation on the number of general and flag officers who may be serving on active duty applies during war or national emergency. As indicated above, officers are placed in promotion zones based on vacancies and their relative seniority, instead of by year group. The officer said the problem will eventually resolve itself over the next few years, as those affected by the time-in-grade law change cycle through. For members of the active component, the service obligation is a period of active duty; for members of a . T. ABLE OF . But last November, the Navy denied his retirement request, and in the process the delicately aligned plans for his familys life were upended. 292, 293; Pub. L. 11281, as amended, set out as a note under section 525 of this title. The Air Force has updated its retirement application process to advise officers of the law change and is currently coordinating updates to our regulatory guidance to reflect the changes, service spokeswoman Capt. Promotion zones for the upcoming fiscal year are announced annually(December) in an ALNAV with the subject of "NOTICE OF CONVENING FY-XX PROMOTION SELECTION BOARDS". 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. 1990Pub. a program that credited years of service and led to an appointment as an officer in the Army, Navy, Air Force, or Marine Corps. L. 102484, 403(a), added subsec. PERS-835 initiates officer statutory regular retirement processing without request from the officer. LDOs are grouped intohe following competitive categories: (h) redesignated (g). L. 101510, div. So O-4s are accepting promotions with an understanding that they need only complete two years as an O-4 to retire in the grade., They didnt advertise the change at all, the aviation officer said. ESTABLISHING PROMOTION ZONES O-2 AFQ 2 A, title V, 504(c), Pub. 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; The increase in the number of general officers on active duty in the Army, as authorized by the amendment made by subsection (a) [amending this section] is reserved for general officers in the Army who serve in an acquisition position. Subsecs. 560 0 obj <>/Filter/FlateDecode/ID[<429409DA3784194686FDF615C61AA5FD>]/Index[548 21]/Info 547 0 R/Length 78/Prev 236417/Root 549 0 R/Size 569/Type/XRef/W[1 3 1]>>stream 1749, 1840; (As amended Pub. Section is based on Pub. If the determination of the retired grade of an officer whose retired grade was provided for pursuant to subsection (c) is reopened, the, in the case of an officer whose retired grade is to be changed to 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, by the President, by and with the advice and consent of the, If the final retired grade of an officer is changed through the reopening of the officers retired grade under this subsection, the retired pay of the officer under, In the determination of the retired grade of a commissioned officer of the Armed Forces entitled to retired pay under, Retirement in Highest Grade in Which Served Satisfactorily.. YEAR GROUPS Subsec. 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. The promotion zone is the foundation of the promotion plan described above. Requirements are adjusted based on age and gender. For termination, effective Dec. 31, 2021, of provisions in subsec. L. 107314, div. DODI 1320.14 : Under alternative promotion authorities, Military Departments may accelerate or delay promotion opportunities for officers within certain competitive categories. He covered Iraq and Afghanistan extensively and was most recently a reporter at the Chicago Tribune. CWOs must serve the initial six year obligation after accepting appointment before being eligible for voluntary retirement. 2 . C. ONTENTS. (b)(3). - Selected for promotion to the next higher grade, but subject to involuntary retirement for completion of 30 years total active service beforetheir promotion date. The senior officer in the promotion zoneis the "senior in zone", and the junior officer in that zone is the "junior in zone". L. 105261 substituted October 1, 2002 for October 1, 1998. You may request retirement by submitting your request to PERS-912 per the format and timeframes listed in Figure 20-4 of BUPERSINST 1001.39F. of active service, of which at least 10 years was active service as a commissioned officer, under reference (a), section 6323. The affected officers who spoke with Navy Times were quick to admit that the issue affects a relatively small number of servicemembers. L. 96-513, title V, 501(19), Dec. 12, 1980, 94 Stat. Pub. For example, there are nearly 60 sections of Title 10 that address some aspect of retirement pay, which have been distilled to a few paragraphs within this resource. Admiral ranks above vice admiral and below fleet admiral in the Navy; the Coast Guard and the Public Health Service do not have an established grade above admiral. PROMOTION FLOW POINTS 1346, related to commissioned officers: general rule for retirement with exceptions, prior to repeal by Pub. (d) as (c) and, in par. The Chief of Naval Personnel schedules appointments of all newly selected LDOs and CWOs. The following illustrates an example of how flow points can affect a CWO's career progression. More significantly, the relevant Navy instruction, OPNAVINST 1811.3A, has not been updated and still states that two years in grade are required to voluntarily retire as an O-4. LCDR/below: First day of second month after 30 years total active service, or first day of seventh month after failing to select for next highergrade for second time, whichever occurs first. A, title V, 561(d), Pub. SERs are necessary to meet end-strength decreases and to reduce grade imbalances when required to downsize. L. 114328, 503(b), substituted 62 for 61. (c). Pub. L. 11591, div. Subsec. Officers approaching selection board eligibility should make ita point to read this message to see whether or not they are in the promotion zone. 1999Subsec. FLOW POINT 0 11 17 N/A 770, 772; Pub. Prospective active duty officers must meet the requirements of 10 U.S.C. A, title V, 561(d), Nov. 30, 1993, 107 Stat. 532 for original appointments as "regular" commissioned officers. L. 11781 and which relates to allowed increases in the number of certain officers. - Acceptance date (if other than date of rank) A request for voluntary retirement routes in NSIPS from the member's command through the. (a)(4). (2). COMPETITIVE CATEGORIES A, title V, 509, title VIII, 809(a), Aug. 13, 2018, 132 Stat. If the final retired grade of an officer is as a result of a change under paragraph (2), the retired pay of the officer under, If the recalculation of the retired pay of an officer results in an increase in retired pay, the officer shall be paid the amount by which such increased retired pay exceeded the amount of retired pay paid the officer for retirement in the officers conditional grade 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. hb```,@(`4*/`` 0& Vu!q}b{ 0 0pX)y4\ xm##i>`c`4sV.H904ie q8 : hP L. 11366, 501(b)(2), added subsec. To comply, DOD developed certain guidelines regarding promotion "flow points." Subsec. L. 11692, div. "Above zone" refers to those officers who have previously been considered for promotion to the next higher grade by a selection board, but were not selected. L. 103337, 512, added subsecs. 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. Subsec. Hosted by Defense Media Activity - WEB.mil. O-5 60-80% 15-17 (d). (h) and (i). L. 108136, div. How long does my Officer Commission last? Pub. 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. L. 10665, div. Retirement law exempts from SER consideration those whose statutory retirement date falls within a certain time frame. 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. SECNAVINST 1412.8 (Series) (k) and redesignated former subsec. DoDI 1304.25, October 13, 2021 . L. 103337, 404, struck out before October 1, 1995, and 61 on and after that date after Corps, 68. Subsec. a. Records reflecting a discharge date between from 62 years ago and 1995 are non-archival records and are maintained under the Federal Records Center program. Next of kin requesting records must provide proof of death of the veteran (such as a copy of death certificate, letter from funeral home, or published obituary) and proof of kinship. In the meantime, (Navy Personnel Command) is approving next lower grade waivers for those officers who, due to no fault of their own, ended up with an additional year of time-in-grade requirement in accordance with NDAA-21 and wish to retire even though it means retirement at a lower grade.. L. 104106, div. The other services have or are in the process of changing their guidance to reflect the law change, according to officials. L. 110181, 1824(c), substituted 15 general and flag officer positions in for 10 general and flag officer positions on the staffs of the commanders of. Having been 23 years in the Navy, Ill believe it when I see it, said the aviation officer, whose scrambling efforts to still retire this summer as originally planned took months to iron out. L. 112239, div. A waiver needs to be submitted as a separate enclosure to your retirement request. (b)(1). (b)(1). A prior section 1370, Added Pub. 1992Subsec. Periods of misconduct, moral or professional, may be deducted from time satisfactorily served as determined by CHNAVPERS. L. 96513, title I, 112, Dec. 12, 1980, 94 Stat. L. 101510, div. (4). Retired under the Federal records Center program 4400 Lastly, each page has links for further reading affect aspects. To admit that the issue affects a relatively small number of certain.... Members of the active component, the service obligation is a permanent professor at the United States Academy! 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