The Secretary concerned may, upon the warrant officer's request, retire a warrant officer of any armed force under his . 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. (a)(2). (b). 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. O-2 AFQ 2 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. An. L. 104201 substituted 80 for 68. 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. Receipt of the letter may take on the order of six months. The summaries of law and policy are meant to reflect how the officer corps is generally managed and are not meant to provide precise legal interpretations. Although not common, it is possible for LDOs and CWOs to be continued beyond their statutory retirement dates under unusual circumstances. Remember, the above examples are based on an LDO beingcommissioned with 13 years enlisted service and flow points within DOPMA/DOD guidelines. (4). L. 11366, div. DEFINITIONS the statutory limit on general officer and flag officer positions that are joint duty assignments under subsection (b)(1); or, the actual number of general officers and flag officers who, as of. Members must not be excluded from retired pay per one of the exclusionary provisions of 10 USC Chapter 1223. (b)(2)(C)(i). 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. 2003Subsec. Subsecs. Q7. The officer limits Congress and services? Two retirement systems are available for reservists based on the service entry date: Final Pay: Entered service on or before September 7, 1980 The member is under mobilization orders, and the retirement request will necessarily be delayed until the orders are fulfilled. Editorial Notes Amendments. Pub. Once promoted, there are certain obligated service requirements that individuals must meet to be retirement eligible. L. 103337, div. A prior section 526 was renumbered section 527 of this title. 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. 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. As indicated above, control grade limitations dictate actual flow points; the individualhas no control over flow point fluctuation. A, title X, 1066(a)(9), Pub. TOTAL YEARS OF SERVICE 13 23 29 30 35 2 . (3) Warrant officers of the Navy who request retirement after completing at least 20 years of active service under FOIA (2) as (5). Subsecs. Drill pay (SELRES) members who have completed 15 or. %%EOF may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis for the reopening of the officers retired grade. A, title V, 501(a), Pub. 1999Subsec. But retirement after decades of service to their country is a massive life moment. Members will be sent reminders and paperwork to complete 6 to 9 months prior to their 60th birthday. PROMOTION GUIDELINES A, title V, 501(c), Dec. 26, 2013, 127 Stat. The number of general officers on active duty in the Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the armed force concerned as follows: Limited Exclusion for Joint Duty Requirements., The number excluded under paragraph (1) and serving in positions designated under that paragraph, Whenever a vacancy occurs, or is anticipated to occur, in a position designated under subparagraph (A), Exclusion of Certain Officers Pending Separation or Retirement or Between Senior Positions., Exclusion of Attending Physician to the Congress., Temporary Exclusion for Assignment to Certain Temporary Billets., Exclusion of Officers Departing From Joint Duty Assignments., For purposes of paragraph (1), the term , Annual Report on General Officer and Flag Officer Numbers., Transfer of Authorizations Among the Military Services., The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the, Construction of Decrease as Applying to Generals, Reservation of portion of increase in joint duty assignments excluded from limitation., Pub. PERS-835 initiates officer statutory regular retirement processing without request from the officer. 2007, 2025, 2026; Pub. Table 1 below lists the number of active duty officers in each pay grade. L. 107314, 405(c), substituted December 31, 2004 for October 1, 2002. L. 105261 substituted October 1, 2002 for October 1, 1998. (b)(1). A, title V, 561(d), Nov. 30, 1993, 107 Stat. 1998Subsec. (b)(3)(A). (b)(1). L. 11366, div. Records are accessed into the National Archives and become archival 62 years after the service members separation from the military. L. 11591, div. To Grade Promotion Opportunity Flow Point (Avg) (Yrs Comm Svc) PROMOTION FLOW POINTS (e). 2016Subsec. (c) as (b), struck out that are applicable on and after October 1, 1995 after limitations in subsection (a), and struck out former subsec. (Com) 833-330-MNCC (6622) This resource was developed by researchers at the RAND Corporation in the fall of 2010 and updated in spring 2021. The Defense Finance and Accounting Service publishes pay tables in the form of basic pay rates plus allowances. 10 U.S. Code 633: Mandates retirement for O5s not on a promotion list to O6 after 28 years of active commissioned service, except for certain officers in the Navy or Marine Corps who are either limited duty officers or permanent professors at the United States Naval Academy. How do I request a waiver past age 62? L. 11281, 502(b)(1)(A)(i), substituted 231 for 230. Subsec. Q2. 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. 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. L. 11366, div. Pub. Drill pay (SELRES) members who have completed 15 or more years of qualifying service and are no longer physically qualified for Navy service also are eligible to receive retired pay at age 60. A, title V, 504(c), Pub. DODI 1320.14 : Under alternative promotion authorities, Military Departments may accelerate or delay promotion opportunities for officers within certain competitive categories. TOTAL YEARS OF SERVICE 13 24 **30 L. 116283, div. (1) and added par. Promotions from below zone are restricted to no more than 10 percent of the total authorizedpromotions. (c). National Suicide Hotline A, title V, 522, Nov. 5, 1990, 104 Stat. Officer management occurs within a framework of law, policy, and practice. CWOsare grouped into the following competitive categories: Surface (71XX), Submarine (72XX/740X), Aviation (73XX), General Line/Staff (74XX/75XX)and Information Warfare (78XX). FLOW POINT (FROM ENS) 0 10 16 22 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. You must have completed your eight-year Military Service Obligation (MSO) before you are eligible to request resignation. The other services have or are in the process of changing their guidance to reflect the law change, according to officials. Captains: in an active status (USNR-R or USNR-S1) who are not on the promotion list to the next higher pay-grade will be transferred to the Retired Reserve, if qualified, or be honorably discharged from the Navy Reserve not later than the first day of the month following the month in which the officer completes 30 years of commissioned service. For me to find out about the change four months after I submit my retirement request, and they come back and deny the request and cite this, thats shocking.. O-3 AFQ 4 By law, an LDO must complete 10 years of commissioned service to retire as an officer or complete the initial four year obligation after acceptingappointment if requesting reversion to separate from active service. Officer authorizations are adjusted yearly to reflect changes in the sizeand shape of the Navy. A, title V, 506, 507, Jan. 2, 2013, 126 Stat. He covered Iraq and Afghanistan extensively and was most recently a reporter at the Chicago Tribune. Hecht said the relevant OPNAV instruction is currently being updated, but he did not provide a timeline for when that would happen, nor did he answer questions regarding why it wasnt updated sooner. 2009Subsec. C. ONTENTS. The military services manage their officer corps with the primary goal of fulfilling roles and missions that support the national security strategy. L. 11184, 502(f)(1), substituted Secretary of Defense for Chairman of the Joint Chiefs of Staff, 324 for 65, and 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 these designated positions. for Officers in positions so designated shall not be counted for the purposes of those limitations.. Pub. You are not automatically discharged when your MSO expires. There is no need for you to request a Presidential Letter of Appreciation. L. 11281, as amended, set out as a note under section 525 of this title. A Good Night's Sleep, What's It Worth to You? A, title V, 501(c)(2), Pub. include the statement of the Secretary as to whether or not potentially adverse, adverse, or reportable information regarding the officer was considered by the Secretary in making the certification. REVERT AND RETIRE (d) redesignated (c). 3574. It is important to know your statutory retirement date, especially since the Selective Early L. 96107, title VIII, 817, Nov. 9, 1979, 93 Stat. Records reflecting a discharge date after 1995 are electronic records maintained by Navy Personnel Command Records Management. A], title V, 571(d)], Oct. 30, 2000, 114 Stat. Subsec. If selected and promoted to CWO5, it is possible for the individualto remain on active duty to 33 years total active naval service. Three principal factors combine to determine the number of authorized promotions and, therefore, the number of officers that may be placed in zone: It affects a very small number of people, but that doesnt make it okay, one officer said. Note: Longevity continues to increase from pay entry base date until date of retired pay. Policy for officer statutory boards is dictated by SECNAVINST 1401.3A and must meet requirements set down in U.S. Code, Title 10. What is the status of my retirement request? 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 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. CWO Case #1 L. 11281, 502(b)(1)(B), substituted 73 for 76. A, title V, 505, Dec. 2, 2002, 116 Stat. "Below zone" refers to those officers who are junior to the junior officer listed in zone, but who have been determined to be eligible for promotion. L. 114328, 503(b), substituted 62 for 61. A flow point is the point at which an officer is promoted to the next higher grade and is calculated from ENS date of rank for LDOs, and for CWO2 date of rankfor CWOs. Navy Personnel Command is reviewing potential courses of action to address the matter for those who retired prior to the new lieutenant commander time in grade requirement being updated, Hecht said in an email. Pub. (3) For the Air Force, 326 before October 1, 1995, and 279 on and after that date.. Involuntary (Statutory) Retirements. U.S. Code Title 10: Cornell Law School Legal Information Institute, DOD Policy: Washington Headquarters Services, Air Force Policy: Air Force e-Publishing Publications and Forms, Navy Policy: Department of the Navy Issuances, Marine Corps Policy: Marine Corps Publications Electronic Library. Understanding promotion flow points and how they are derived are critical to LDO and CWO career planning. Giving notice on behalf of the employee by an appropriate officer in the uniformed Service member's chain of command. Q1. Pub. Pub. L. 11781, div. The Marine Corps has not denied any O-4 retirement request due to the time in grade change, service spokeswoman Yvonne Carlock said in an email. Navy Officer Statutory Service Limits Similar events with navy officer. L. 104201, div. 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". Pub. of active service, of which at least 10 years was active service as a commissioned officer, under reference (a), section 6323. The promotion plan is initiated by the applicable officer community manager (i.e., LDO and CWO Community Manager) and is forwarded through the chain of command to theChief of Naval Operations, and ultimately to the Secretary of the Navy for approval. L. 105261, div. (b)(2)(A). Hosted by Defense Media Activity - WEB.mil. But the little-publicized law change has muddied this process for some O-4s. SECNAV convening orders identify minimum vacancy shortfalls by designator, but no quotas are assigned by individual designator. L. 11281, div. A, title V, 509, title VIII, 809(a), Aug. 13, 2018, 132 Stat. Navy Reserve Homeport (f). The key to success on the job and when being considered by promotion boards is sustained superior performance in a varietyof challenging assignments -- the same criteria that got the LDO or CWO selected in the first place. Subsec. Read it carefully and refer to it often as you progressin your officer career. L. 96-513, title V, 501(19), Dec. 12, 1980, 94 Stat. Projected vacancies. Projected vacancies are determined by taking the number of officers currently filling authorized billets (or selected for and awaitingpromotion to that grade), minus projected losses (retirements, redesignations, reversions and promotions to the next higher grade). L. 11281, 502(b)(1)(A)(iv), substituted 61 for 60. 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