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10 U.S.C. § 1371 — Warrant officers: general rule
Federal law — U.S. Code and appendices · legal_authorities
Unless entitled to a higher retired grade under some other provision of law, a warrant officer shall be retired in the highest regular or reserve warrant officer grade in which the warrant officer served satisfactorily, as determined by the Secretary concerned.
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Stable record: federal_law:legal_authorities:record_usc_99668b75fddc88f9daf57ed4
Source file: Laws/federal/codes/united-states-code/title-10/section-1371-warrant-officers-general-rule--94a227444a.md
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Passage SHA-256: 3efd5f8a27a0ce3c7e634c66cc8113853fc3177236d38195c8d0428d96b63037
Source location: Title 10, Chapter 69, § 1371; chapter-069-retired-grade.md
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Unless entitled to a higher retired grade under some other provision of law, a warrant officer shall be retired in the highest regular or reserve warrant officer grade in which the warrant officer served satisfactorily, as determined by the Secretary concerned.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provisions made applicable to the corps** The rules of law that apply to the Armed Forces under the following provisions of title 10, as those provisions are in effect from time to time, apply also to the commissioned officer corps of the Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the armed forces and to and from National Oceanic and Atmospheric Administration.
(4) Section 771, relating to unauthorized wearing of uniforms.
(5) Section 774, relating to wearing religious apparel while in uniform.
(6) Section 982, relating to service on State and local juries.
(7) Section 1031, relating to administration of oaths.
(8) Section 1034, relating to protected communications and prohibition of retaliatory personnel actions.
(9) Section 1035, relating to deposits of savings.
(10) Section 1036, relating to transportation and travel allowances for escorts for dependents of members.
(11) Section 1052, relating to reimbursement for adoption expenses.
(12) Section 1074n, relating to annual mental health assessments.
(13) Section 1090a, relating to referrals for mental health evaluations.
(14) Chapter 58, relating to the benefits and services for members being separated or recently separated.
(15) Section 1174a, relating to special separation benefits (except that benefits under subsection (b)(2)(B) of such section are subject to the availability of appropriations for such purpose and are provided at the discretion of the Secretary of Commerce).
(16) Chapter 61, relating to retirement or separation for physical disability.
(17) Section 1251(e), relating to retirement or separation based on years of creditable service.
(18) Chapter 69, relating to retired g
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3071
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors** Except as provided in subsection (b), commissioned officers of the Service and their surviving beneficiaries shall, with respect to active service performed by such officers—
(1) in time of war;
(2) on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or
(3) while the Service is part of the military forces of the United States pursuant to Executive order of the President;
be entitled to all rights, privileges, immunities, and benefits now or hereafter provided under any law of the United States in the case of commissioned officers of the Army or their surviving beneficiaries on account of active military service, except retired pay and uniform allowances.
**(b) Award of decorations** The President may prescribe the conditions under which commissioned officers of the Service may be awarded military ribbons, medals, and decorations.
**(c) Authority of Surgeon General** The authority vested by law in the Department of the Army, the Secretary of the Army, or other officers of the Department of the Army with respect to rights, privileges, immunities, and benefits referred to in subsection (a) shall be exercised, with respect to commissioned officers of the Service, by the Surgeon General.
**(d) Active service deemed active military service with respect to laws administered by Secretary of Veterans Affairs** Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen’s Indemnity Act of 1951) and [section 417 of this title](https://uscode.house.gov/view.xhtml
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 213a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Commissioned Officers.—**
(1) **In general.—** — A commissioned officer who is retired under any provision of this title, shall be retired from active service with the highest grade held by the commissioned officer for not less than six months while on active duty in which, as determined by the Secretary, the commissioned officer’s performance of duty was satisfactory.
(2) **Conditional determination.—** — When a commissioned officer is under investigation for alleged misconduct at the time of retirement—
(A) the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and
(B) the grade under subparagraph (A) is subject to resolution under subsection (c)(2).
**(b) Warrant Officers.—** Any warrant officer who is retired under any provision of section 580, 1263, 1293, or 1305 of title 10, shall be retired from active service with the highest commissioned grade above chief warrant officer, W–4, held by the warrant officer for not less than six months on active duty in which, as determined by the Secretary, the warrant officer’s performance of duty was satisfactory.
**(c) Retirement in Lower Grade.—**
(1) **Misconduct in lower grade.—** — In the case of a commissioned officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the commissioned officer has not served satisfactorily in any grade equal to or higher than that lower grade.
(2) **Adverse findings.—** — A determination of the retired grade of a commissioned officer shall be resolved following a conditional determination under subsection (a)(2) if the investigation of or personnel action against the commissioned officer results in adverse findings.
(3) **Recalcu
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2501
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Federal law — U.S. Code and appendices · legal_authorities
Page 1288
TITLE 10—ARMED FORCES
§ 1371
tives not later than 60 days prior to the date
on which the officer will be retired in the
grade concerned;
(B) include an up-to-date copy of the mili-
tary biography of the officer; and
(C) include the statement of the Secretary
as to whether or not potentially adverse, ad-
verse, or reportable information regarding
the officer was considered by the Secretary
in making the certification.
(4) CONSTRUCTION WITH OTHER NOTICE.—In the
case of an officer under paragraph (1) who is
eligible to be credited with service in a grade
only by reason of the exercise of the authority
in subsection (c)(3)(C) to reduce the three-year
service-in-grade requirement under subsection
(c)(1), the requirement for notification under
subsection (c)(3)(D) is satisfied if the notifica-
tion is included in the certification submitted
by the Secretary of Defense under paragraph
(1).
(e) CONDITIONAL RETIREMENT GRADE AND RE-
TIREMENT
FOR OFFICERS UNDER INVESTIGATION
FOR
MISCONDUCT
OR
PENDING
ADVERSE
PER-
SONNEL ACTION.—The retirement grade, and re-
tirement, of a person covered by this section
who is under investigation for alleged mis-
conduct or pending the disposition of an adverse
personnel action at the time of retirement is as
provided for by section 1370(d) of this title. In
the application of such section 1370(d) for pur-
poses of this subsection, any reference to ‘‘ac-
tive duty’’ shall be deemed not to apply, and any
reference to a provision of section 1370 of this
title shall be deemed to be a reference to the
analogous provision of this section.
(f) FINAL RETIREMENT GRADE FOLLOWING RESO-
LUTION OF PENDING INVESTIGATION OR ADVERSE
ACTION.—The final retirement grade under this
section of a person described in subsection (e)
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1371
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