(b)(2)(A). If an officer is involuntarily retired before meeting minimum time in-grade requirements, SECNAV may authorize retirement in the highest grade held. PROMOTION GUIDELINES A waiver may be requested to reduce the requirement to two years. Multiply the basic pay by the multiplier to get the monthly retirement pay. The authority of the Secretary of a military department under paragraph (1) may not be delegated. L. 112239, div. Pub. L. 112239 substituted 162 for 160. 548 0 obj <> endobj (c). 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. 11692 inserted the before number of general officers. This page provides useful technical information on the promotion system. L. 109163, 510, inserted ,and a general and flag officer position on the Joint Staff, after combatant commands. 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. 802 Flag Officer Manpower Requirements and Authorizations 8-6 803 Officer Subspecialty System 8-7 804 Enlisted CNO Priority Manning Policy 8-11 . (d). The maximum age for all officers (O6 and below) is 62, effective 17 October 2006. Pub. CWO4/below: First day of third month after 30 yearstotal active service, or first day of seventh month after failure of selection for next higher grade for second time, whichever occurs first. You are not automatically discharged when your MSO expires. Pub. cumulative service limit or to extend individuals in repeated statutory tours. To Grade Promotion Opportunity Flow Point (Avg) (Yrs Comm Svc) For Reserve Component officers, promotions are based on force requirements; the relevant Service Secretary will determine timing and opportunity variables for promotion. (g), (h). 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. (d), (e). (c). Pub. (DSN) 882.6622 Subsec. How do I resign my commission? A .mil our belongs up an official U.S. Department of Defense organization in aforementioned United States. 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. L. 114328, div. 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. 5720 Integrity Drive RECOMMENDED GUIDELINES Im okay with just fading out of the Navy after 23 years and not having a big ceremonybut if I wanted to have a big ceremony, to mark a great milestone, I dont think I couldve done it, because of the last-minute approval and the long waiver process., One day, my grandkids will look at my shadow box on the wall, and it will say O-3 instead of O-4, he added. See Figure 1. 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. LDO Case #1 Subsec. L. 107314, div. The time-in-grade requirement for lieutenant commanders (O4) and below is six months. Officer management occurs within a framework of law, policy, and practice. [1] HYT is applicable to enlisted of all six military branches of the United States. L. 110417, 525, substituted up to three general and flag officer positions for a general and flag officer position. 818; 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. L. 104201, div. L. 114328, 501(h)(2), added subsec. A, title IV, 403(a), Nov. 5, 1990, 104 Stat. (b)(2)(C). * = CWO years time in grade A Good Night's Sleep, What's It Worth to You? When commissioned, you incur an eight-year Military Service Obligation (MSO). 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. 2007, 2025, 2026; Pub. Involuntary (Statutory) Retirements. Except for a conditional determination authorized by subsection (d), a determination of the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired, and may not be reopened, except as provided in paragraph (2). a. 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. High-3: Entered service on or after September 8, 1980 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. What are the time-in-grade requirements for officers? L. 11366, 501(a)(2), added subsecs. 1996Subsec. 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. 110181, 502, designated existing provisions as par. %PDF-1.6 % A, title V, 501(a), Pub. (b). (2) to (4) and redesignated former par. 1992Subsec. L. 104106, 1503(a)(3)(C), redesignated subsec. 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. Navy Recruiting If selected and promoted to CDR, it is possible for theindividual to remain on active duty to 35 years total active naval service, with an opportunity for selection to captain prior to statutory retirement after 38 yearstotal active naval service. - 7XX1 - CWO: CWO5: First day of third month after 33 years total active service. After two decades in the enlisted and then commissioned ranks, the Navy aviation officer accepted his promotion to the O-4 rank of lieutenant commander in summer 2020, thinking he understood his new obligations. Written notice is preferred. 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. Can I request a time-in-grade waiver? The joint service color guard displays the American and service flags during the 2015 USO Gala in Washington, D.C. The menu at the left appears on each page. LDOs are grouped intohe following competitive categories: 335, as amended by Pub. (b)(2). In codifying the limitation (in section 526 of title 10 as proposed to be added by section 1(b) of the bill), the committee determined that the same war and emergency waiver authority as applies to other limitations on the number of officers on active duty under the existing 10 U.S.C. Policy for officer statutory boards is dictated by SECNAVINST 1401.3A and must meet requirements set down in U.S. Code, Title 10. Pub. in the grade of major general or rear admiral may not exceed 144. Can a retirement request ever be denied? Pub. 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. The promotion paperwork he signed and the relevant Navy instruction indicated he would need to serve two years at that rank before he could drop his retirement papers and begin the next chapter in his life. 1293. 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. If the resolution of an investigation or personnel action with respect to an officer who has been retired in a conditional retirement grade pursuant to subsection (d) results in a determination that the conditional retirement grade in which the officer was retired will not be changed, the conditional retirement grade of the officer shall, subject to paragraph (3), be the final retired grade of the officer. (3) Warrant officers of the Navy who request retirement after completing at least 20 years of active service under Pub. 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. In this case, LDOs must serve a minimum of six months in grade and CWOs a minimum of 1 day in grade. 10 U.S.C.A. Records are accessed into the National Archives and become archival 62 years after the service members separation from the military. Whenever any such increase is made, the Secretary shall make a corresponding reduction in the number of such officers that may serve on active duty in general or flag officer grades in one of the other armed forces.. 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. L. 11366, div. 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; (b). If this is a retention tool, I can assure you that it will have the opposite effect, he said. L. 109163, 503(b)(1), added subsec. L. 110417, 503(a), substituted 307 for 302. 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. 526 (redesignated as 10 U.S.C. Site Map, Privacy Policy A, title V, 501(c), Dec. 26, 2013, 127 Stat. SECNAV convening orders identify minimum vacancy shortfalls by designator, but no quotas are assigned by individual designator. L. 110417, 503(c), substituted 65 for 12. L. 109163, 515(b)(1)(C), substituted Navy Reserve for Naval Reserve. Members must not be excluded from retired pay per one of the exclusionary provisions of 10 USC Chapter 1223. Pub. Control grade limitationsdirectly affect flow points, described below in detail. You must then make your own decisions based on all of these inputs and your personal considerations. A year group is simply a convenient way to refer to officers with original dates of rank in the same fiscal year. (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. (d) as (c) and, in par. L. 114328, div. 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. L. 9786, title VI, 602, Dec. 1, 1981, 95 Stat. Commander: First day of second month after 35 years total active naval service, or first day of seventh . L. 96513, title I, 112, Dec. 12, 1980, 94 Stat. Pub. L. 96107, title VIII, 817, Nov. 9, 1979, 93 Stat. L. 96342, title X, 1003, Sept. 8, 1980, 94 Stat. L. 107314, div. L. 107314, 1041(a)(3), struck out heading and text of subsec. 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. (a)(4). L. 114-92, 504(b)(1), substituted . (b)(1). L. 104201 substituted 80 for 68. (e). (a)(3). Pub. If the retirement or retired grade of the officer was procured by fraud. OPNAVINST 1000.16L 24 Jun 2015 Total points earned: 4400 endstream endobj startxref Comments or Suggestions about this website? SECNAV may continue permanent officers beyond their statutory retirement dates when shortages exist that cannot be filled through normal accession orpromotion processes. (2). The following general guidelines, based on Active Duty Base Date (ADBD), can be used to compute statutory retirement dates for almost all LDOs/CWOs: - 6XX0 - LDO: Captain: First day of second month after 38 years total active naval service. L. 116283, div. 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. It identifies salient aspects of law and policy but does not attempt to provide a comprehensive review of either. Pub. hb```,@(`4*/`` 0& Vu!q}b{ 0 0pX)y4\ xm##i>`c`4sV.H904ie q8 : hP A, title V, 561(d), Pub. How many years of commissioned service must I have in order to retire as an officer? (k), (l). Within that broad goal, they also manage their officers to provide them with individual opportunities and a reasonable quality of life, in a cost-effective way. If substantial evidence comes to light after the retirement that could have led to determination of a different retired grade under this section if known by competent authority at the time of retirement. 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. (h), (i). He covered Iraq and Afghanistan extensively and was most recently a reporter at the Chicago Tribune. obligated service for an officer in accordance with Section 651 of Title 10, U.S.C., is the greater of: Understanding promotion flow points and how they are derived are critical to LDO and CWO career planning. 568 0 obj <>stream C. . L. 11281, 502(b)(1)(A)(i), substituted 231 for 230. L. 107314, 405(c), substituted December 31, 2004 for October 1, 2002. Lieutenants: in an active status (USNR-R or USNR-S1) who twice fail of selection to LCDR and have completed the eight-year MSO 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 seventh month in which the President approves the report which considered the officer for the second time. Members must not be excluded from retired pay per one of the exclusionary provisions of 10 USC Chapter 1223. REVERT AND RETIRE Final Pay: Entered service on or before September 7, 1980. (a)(2). - Grade As officers approach the above attrition provisions, PERS-911 will forward correspondence with information about required separation or any options for continuation or retention. It affects a very small number of people, but that doesnt make it okay, one officer said. Periods of misconduct, moral or professional, may be deducted from time satisfactorily served as determined by CHNAVPERS. Pub. 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.. (2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy. Note: Time-in-grade is any time spent in the Ready or Standby Reserve (Active), where the member remains a mobilization liability. (f). Records reflecting a discharge date after 1995 are electronic records maintained by Navy Personnel Command Records Management. L. 96-513, title V, 501(19), Dec. 12, 1980, 94 Stat. - Selected for promotion to the next higher grade, but subject to involuntary retirement for completion of 30 years total active service beforetheir promotion date. in the case of officers to be retired in the grade of brigadier general or major general in the Army, Air Force, or Marine Corps, rear admiral (lower half) or rear admiral in the Navy, or an equivalent grade in the Space Force, the number equal to 10 percent of the authorized active-duty strength for that fiscal year for officers of that armed force in the applicable grade. CWO Case #1 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. 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. L. 116283, div. The change in statute has been shared with the force through our Officer Assignment Branch Roadshows that takes place annually aboard Marine Corps installations.. 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 . Commanding Officers and Officers-in-Charge (OIC). The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. L. 11184, 502(g)(1), added par. GRADE ENS LCDR CDR ** CAPT Officers eligible to request a waiver will be notified by PERS-911 around their 61st birthday. Comments or Suggestions about this website? A CWO5 can serve to 33 years total active naval service. Please see the Reserve Officer Continuation webpage (on the left-side toolbar) for further details. Pub. (3) which read as follows: This subsection shall cease to be effective on December 31, 2004.. "Senior eligible"refers to the senior officer eligible above zone. 1374; Pub. The promotion zone is the foundation of the promotion plan described above. A waiver needs to be submitted as a separate enclosure to your retirement request. TOTAL YEARS OF SERVICE 17 20 24 30 L. 109163, div. A, title V, 509(a), Pub. Q2. 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. The affected officers who spoke with Navy Times were quick to admit that the issue affects a relatively small number of servicemembers. This resource was developed by researchers at the RAND Corporation in the fall of 2010 and updated in spring 2021. 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. (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. TOTAL YEARS OF SERVICE 13 23 29 30 35 A copy of these records can be requested for a fee. FLOW POINT (FROM ENS) 0 10 16 22 I dont think the services expect members to spend their time reading the (defense policy bill), the officer said. FLOW POINT (FROM CWO2) 0 3 7 13 Requirements are adjusted based on age and gender. Q5. 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. Dave Hecht. It does not address non-regular or disability retirements or all the specific laws/policies that may apply to a particular officers situation. 2015Pub. Voluntary Retirements. L. 11281, div. (2) and redesignated former par. DoD SAFE Hotline For example: If there are 63 vacancies for lieutenant commander and opportunity is 70%, the 90 most senior lieutenants in the same competitive category (regardless ofdesignator) who have not yet been considered for promotion will be placed in zone (70% of 90 equals 63).