L. 108136, div. 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. (b)(3)(A). "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. 11281, 502(b)(1)(B), substituted 73 for 76. - Date of birth Subsecs. Dave Hecht. 532 for original appointments as "regular" commissioned officers. Pub. How will the Ukraine invasion shape industrial base policy? each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced. (c). 1999Subsec. Government websites use .mil . A commission is indefinite, unless you resign your commission or are discharged by board action. Former subsec. L. 10665, div. A CWO5 can serve to 33 years total active naval 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. For involuntary requests (i.e., due to attrition provisions of law, age restrictions or certain physical disabilities), the time-in-grade requirement for all ranks is six months. 1346, related to commissioned officers: general rule for retirement with exceptions, prior to repeal by Pub. Pub. PERS-911 will notify all affected officers and provide information for requesting retention. Actual selection opportunity and flow points may vary in the annual promotion plan. [9] There are legal, medical, or other reasons, which may delay processing. Veterans Crisis Line (2) For the Navy, 250 before October 1, 1995, and 216 on and after that date. Subsecs. Pub. 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. 2019Subsec. (a)(4). It describes the laws and policies that affect various aspects of active and reserve component officer personnel management. 2016Subsec. 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 . (2) as (5). 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. Pub. (c) redesignated (b). L. 109163, div. L. 11281, as amended, set out as a note under section 525 of this title. L. 116283, div. L. 103160, div. /content/admin/rand-header/jcr:content/par/header/reports, /content/admin/rand-header/jcr:content/par/header/blogPosts, /content/admin/rand-header/jcr:content/par/header/multimedia, /content/admin/rand-header/jcr:content/par/header/caseStudies, Getting Students to and Through Advanced Math. Pub. Administrative boards are governed by Navy policy and include enlisted advancement boards and commanding officer screening boards. TOTAL YEARS OF SERVICE 13 24 **30 L. 112239 substituted 162 for 160. (a)(2). L. 110417, 503(b), substituted 81 for 80. GRADE CWO2 CWO3 CWO4 CWO5 Under current law, LDO LCDRs and below (including CWOs) must retire after thirty years combined enlisted and commissioned service. You are not automatically discharged when your MSO expires. A, title V, 501, Jan. 6, 2006, 119 Stat. A, title V, 502(e), Pub. 1994Subsec. L. 109163, 503(b)(2), substituted Certain Reserve Officers for Certain Officers in heading. (k), (l). DoDI 1304.25, October 13, 2021 . Navy Reserve personnel must have completed a minimum of 20 years of qualifying service (earning a minimum of 50 points per anniversary year). (3) For the Air Force, 326 before October 1, 1995, and 279 on and after that date.. Pub. You must have completed your eight-year Military Service Obligation (MSO) before you are eligible to request resignation. (1) to (3) and struck out former pars. SECNAV may continue permanent officers beyond their statutory retirement dates when shortages exist that cannot be filled through normal accession orpromotion processes. 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. 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. 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. What is the status of my resignation request? L. 112239, div. 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. A, title V, 508(d), Dec. 23, 2016, 130 Stat. (k)(3), probably means the subsec. 2008Subsec. It affects a very small number of people, but that doesnt make it okay, one officer said. L. 116283, div. A year group is simply a convenient way to refer to officers with original dates of rank in the same fiscal year. 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. L. 116283, div. LDOs and CWOs may be continued if: Subsec. 2003Subsec. Pub. 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. A request for voluntary retirement routes in NSIPS from the member's command through the. O-6 40-60% 21-23 L. 11692, div. Q8. The mailing address is on the form. 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. However, once promoted 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. 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. L. 11281, div. Pub. Subsec. LDO Case #1 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. 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. A, title V, 505, Dec. 2, 2002, 116 Stat. 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. What are the time-in-grade requirements for officers? 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. Pub. (a)(4). 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. (1), 160 for 216 in par. 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. Retirement Calculations. Pub. Update . (a)(4). L. 101510, div. The following illustrates an example of how flow points can affect a CWO's career progression. L. 104106, 1503(a)(3)(B)(D), redesignated subsec. already exempt from USERRA 5-year cumulative service limit, that are necessary for the . The Secretary concerned may, upon the warrant officer's request, retire a warrant officer of any armed force under his . The change in statute has been shared with the force through our Officer Assignment Branch Roadshows that takes place annually aboard Marine Corps installations.. For Reserve Component officers, promotions are based on force requirements; the relevant Service Secretary will determine timing and opportunity variables for promotion. Pub. Pub. Pub. A, title XVI, 1641, 1671(c)(7)(B), Oct. 5, 1994, 108 Stat. L. 109163, 510, inserted ,and a general and flag officer position on the Joint Staff, after combatant commands. A, title V, 501(a), Pub. In short,it is the selection board's responsibility to select the "best and most fully qualified" from among all eligible officers, regardless of designator,but taking into account skills and critical shortfalls when applicable. (e) as (d). Some obvious reasons to deny a retirement include: The member does not meet all of the requirements to retire. (f). 1667; Pub. TOTAL YEARS OF SERVICE 13 23 29 30 35 This website contains accumulated information about the Defense Officer Personnel Management Act (DOPMA) and Reserve Officer Personnel Management Act (ROPMA) policies and practices. 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. 1561; Pub. Subj: NAVY TOTAL FORCE MANPOWER POLICIES AND PROCEDURES Encl: (1) Revised page 1-2 (2) Revised pages 1-6 thru 1-8 . Pub. O-3 AFQ 4 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. These records are subject to access restricted to the military veteran or the surviving next of kin. Although not common, it is possible for LDOs and CWOs to be continued beyond their statutory retirement dates under unusual circumstances. L. 104201 substituted 80 for 68. 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. Involuntary (Statutory) Retirements. 1990Pub. SECNAVINST 1412.6 (Series) Final Pay: Entered service on or before September 7, 1980. L. 104106, 1503(a)(3)(C), redesignated subsec. 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. L. 11781, div. As indicated above, officers are placed in promotion zones based on vacancies and their relative seniority, instead of by year group. (DSN) 882.6622 How long does my Officer Commission last? 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. A, title V, 561(d), Pub. (g), (h). FLOW POINT (FROM CWO2) 0 3 7 13 CWO4 *As announced *7 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.. (3) For the Air Force, 187. A prior section 526 was renumbered section 527 of this title. L. 116283, div. Members must not be excluded from retired pay per one of the exclusionary provisions of 10 USC Chapter 1223. The authority of the. Retirement law exempts from SER consideration those whose statutory retirement date falls within a certain time frame. 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. (C) Assignment of an officer other than a general or flag officer as the military executive to the Reserve Forces Policy Board.. L. 116283, div. Read it carefully and refer to it often as you progressin your officer career. Giving notice on behalf of the employee by an appropriate officer in the uniformed Service member's chain of command. If an officer is involuntarily retired before meeting minimum time in-grade requirements, SECNAV may authorize retirement in the highest grade held. As of this week, 61 Navy O-4s denied retirement under the law change have received waivers to retire at the next lower rank, while nine others decided to withdraw their retirement request and serve the third year, according to Chief of Naval Personnel spokesman 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. 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. 1080, 1093; Pub. (h) redesignated (g). A, title V, 509(a), Pub. (a)(3). In addition, the captain-selectee must have between 21 and 23 years of total military service before the O-6 selection board meets to . A, title X, 1066(a)(9), Pub. This option is seldom required. L. 105261, div. Can I request a time-in-grade waiver? Pub. 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. Pub. (3). 2109; Pub. CWOsare grouped into the following competitive categories: Surface (71XX), Submarine (72XX/740X), Aviation (73XX), General Line/Staff (74XX/75XX)and Information Warfare (78XX). 2002Subsec. L. 110417, 503(a), substituted 307 for 302. Both types of boards have their own sets of rules and regulations that must be followed. Subsecs. The officer must then request an age waiver using the format provided with the notification letter. Comments or Suggestions about this website? 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. The officer who continuallystrives for, and achieves, outstanding performance in all assignments can expect to have a satisfying and rewarding career. 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). 10 U.S. Code 14701, provides the Secretary of the Navy with the option of continuing Reserve officers in the grades of major through colonel beyond the maximum service limitations of 20 years commissioned service (YCS), 28 YCS, and 30 YCS respectively, to 24 YCS, 33 YCS, and 35 YCS respectively. A, title V, 522, Nov. 5, 1990, 104 Stat. 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. 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. reaches the statutory age for enlistment, unless the enlistment contract was voided or invalidated . Pub. Comments or Suggestions about this website? 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). 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. 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. As a result, and assuming selection to each higher grade, the terminal grade changes from CAPT to LCDR. He covered Iraq and Afghanistan extensively and was most recently a reporter at the Chicago Tribune. 1110. They may retire in their current grade as long as they've met the minimum time-in-grade requirements. 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. L. 108136, div. DODI 1320.14 : Under alternative promotion authorities, Military Departments may accelerate or delay promotion opportunities for officers within certain competitive categories. Chief Warrant Officers (CWO5) may remain in an active status until completion of 33 years qualifying service or age 62, whichever occurs first. Naval Forces Central Command holds mental health stand-down, US Navy, Marines push to make virtual training more real. COMPETITIVE CATEGORIES 5720 Integrity Drive 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. L. 11184, 502(g)(1), added par. 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. RECOMMENDED GUIDELINES (d) and (e). LDO and CWO precedence numbers are based on the following criteria, in descending order: Limited Duty Officers assigned to off ramp designators do not compete for control grade promotions. Such records are open to the public. 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. %%EOF 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. 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. OPNAVINST 1000.16L 24 Jun 2015 Q5. 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. As officers approach the above attrition provisions, PERS-911 will forward correspondence with information about required separation or any options for continuation or retention. Title 10 U.S. Code, Chapter 1407 requires the following attrition actions: 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. L. 110181, 502, designated existing provisions as par. a. LDO Line, consists of Surface (61XX), Submarine (62XX), Aviation (63XX), and General Line (64XX) SECNAV may authorize a waiver of commissioned service of 10 years to 8 years as authorized by law. What are the age restrictions for commissioned reserve officers? This page provides useful technical information on the promotion system. The maximum age for all officers (O6 and below) is 62, effective 17 October 2006. (k). Can a retirement request ever be denied? Of the increase in the number of general officer and flag officer joint duty assignments that may be designated for exclusion from the limitations on the number of general officers and flag officers on active duty, as authorized by the amendment made by subsection (c) [amending this section], five of the designated assignments are reserved for general officers or flag officers who serve in an acquisition position, including one assignment in the. (c)(1). For Warrant Officers, 30 days must be served in grade to retire in that grade. 2011Subsec. A, title V, 501(c)(3), Jan. 1, 2021, 134 Stat. The Navy's physical requirements are measured through the Navy Physical Readiness Test (PRT), which consists of pushups, situps and running. 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. A reserve officer, or an officer appointed to a position under, in the case of an officer to be retired 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, the. (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. If you anticipate reaching HYT (Enlisted) or Statutory Limits (Officer) at twenty years of service, you should be especially mindful of your Qualifying Years compared to Years of Service.. 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. L. 106398, 1 [[div. Subsecs. (c). 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. An. 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. 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. 1980 Pub. Commander: First day of second month after35 years total active naval service, or first day of seventh month after failing to select for O-6 for second time, whichever occurs first. 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 . Are governed by Navy policy and include enlisted advancement boards and commanding officer screening boards,:! 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