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10 U.S.C. § 12771 — Reserve officers: grade on transfer to Retired Reserve
Federal law — U.S. Code and appendices · legal_authorities
**(a) Grade on Transfer.—** Unless entitled to a higher grade under another provision of law, a reserve commissioned officer, other than a commissioned warrant officer, who is transferred to the Retired Reserve is entitled to be placed on the retired list established by [section 12774(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12774/a&num=0&edition=prelim) in the highest grade in which he served satisfactorily, as determined by the Secretary concerned and in accordance with [section 1370a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370a&num=0&edition=prelim), in the armed force in which he is serving on the date of transfer.
**(b) Effect of Subsequent Recall to Active Status.—**
(1) If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under [section 10145(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10145/d&num=0&edition=prelim) and completes not less than two years of service in such active status, the member is entitled to an adjustment in the retired grade of the member in the manner provided in [section 1370a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370a&num=0&edition=prelim).
(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—
(A) is recalled to serve in a position of adjutant general required under [section 314 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section314&num=0&edition=prelim) or in a position of assistant adjutant general subordinate to such a position
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Stable record: federal_law:legal_authorities:record_usc_3ea89280905f3827a5ba8139
Source file: Laws/federal/codes/united-states-code/title-10/section-12771-reserve-officers-grade-on-transfer-to-retired-reserve--b26b3f57ab.md
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Source location: Title 10, Chapter 1225, § 12771; chapter-1225-retired-grade.md
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**(a) Grade on Transfer.—** Unless entitled to a higher grade under another provision of law, a reserve commissioned officer, other than a commissioned warrant officer, who is transferred to the Retired Reserve is entitled to be placed on the retired list established by [section 12774(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12774/a&num=0&edition=prelim) in the highest grade in which he served satisfactorily, as determined by the Secretary concerned and in accordance with [section 1370a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370a&num=0&edition=prelim), in the armed force in which he is serving on the date of transfer.
**(b) Effect of Subsequent Recall to Active Status.—**
(1) If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under [section 10145(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10145/d&num=0&edition=prelim) and completes not less than two years of service in such active status, the member is entitled to an adjustment in the retired grade of the member in the manner provided in [section 1370a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370a&num=0&edition=prelim).
(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—
(A) is recalled to serve in a position of adjutant general required under [section 314 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section314&num=0&edition=prelim) or in a position of assistant adjutant general subordinate to such a position of adjutant general;
(B) completes at least one year of service in such position; and
(C) fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in [section 324(b) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section324/b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement in Highest Grade Held Satisfactorily.—** Unless entitled to a different grade, or to credit for satisfactory service in a different grade under some other provision of law, a person who is entitled to retired pay under chapter 1223 of this title shall, upon application under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), be credited with satisfactory service in the highest permanent grade in which that person served satisfactorily at any time in the armed forces, as determined by the Secretary of the military department concerned in accordance with this section.
**(b) Service-in-grade Requirement for Officers in Grades Below O–5.—** In order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six months.
**(c) Service-in-grade Requirement for Offices in Grades Above O–4.—**
(1) **In general.—** — In order to be credited with satisfactory service in an officer grade above major or lieutenant commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years.
(2) **Satisfaction of requirement by certain officers not completing three years.—** —
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1370a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. He shall perform the duties prescribed by the laws of that jurisdiction.
**(b)** The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications.
**(c)** The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade.
**(d)** The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 314
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
Page 3715
TITLE 10—ARMED FORCES
§ 12773
‘‘(3) the person’s service in an active status after
having become entitled to retired or retainer pay
under that chapter is determined by the Secretary
concerned to have been satisfactory.’’
Subsec. (b)(1). Pub. L. 111–84, § 643(b), added par. (1)
and struck out former par. (1) which read as follows:
‘‘terminate the person’s entitlement to retired or re-
tainer pay under the applicable chapter of this title re-
ferred to in subsection (a); and’’.
Subsec. (d)(1). Pub. L. 111–84, § 643(c)(1), substituted
‘‘attains the eligibility age applicable to the person
under section 12731(f) of this title’’ for ‘‘attains 60 years
of age’’.
Subsec. (d)(2)(A). Pub. L. 111–84, § 643(c)(2), substituted
‘‘attains the eligibility age applicable to the person
under such section’’ for ‘‘attains 60 years of age’’.
2006—Subsecs. (c), (d). Pub. L. 109–364 substituted
‘‘subsection (a)’’ for ‘‘subsection (b)’’.
2001—Subsec. (a)(2). Pub. L. 107–107 substituted ‘‘re-
ceive’’ for ‘‘received’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
EFFECTIVE DATE
Pub. L. 106–398, § 1 [[div. A], title VI, § 653(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A–165, provided that: ‘‘Section
12741 of title 10, United States Code, as added by sub-
section (a), shall take effect 180 days after the date of
the enactment of this Act [Oct. 30, 2000] and shall apply
with respect to retired pay payable for months begin-
ning on or after that effective date.’’
CHAPTER 1225—RETIRED GRADE
Sec.
127
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12771
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