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10 U.S.C. § 7341 — General rule
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The retired grade of a regular commissioned officer of the Army who retires other than for physical disability is determined under [section 1370 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370&num=0&edition=prelim).
(2) The retired grade of a reserve commissioned officer of the Army who retires other than for physical disability is determined under [section 1370a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370a&num=0&edition=prelim).
**(b)** Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that the member holds on the date of the member’s retirement.
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Source file: Laws/federal/codes/united-states-code/title-10/section-7341-general-rule--37d3f660da.md
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Source location: Title 10, Chapter 743, § 7341; chapter-743-retired-grade.md
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**(a)**
(1) The retired grade of a regular commissioned officer of the Army who retires other than for physical disability is determined under [section 1370 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370&num=0&edition=prelim).
(2) The retired grade of a reserve commissioned officer of the Army who retires other than for physical disability is determined under [section 1370a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370a&num=0&edition=prelim).
**(b)** Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that the member holds on the date of the member’s retirement.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement in Highest Grade in Which Served Satisfactorily.—**
(1) **In general.—** — 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 61 or 1223 of this title shall be retired in the highest permanent grade in which such officer is determined to have served on active duty satisfactorily.
(2) **Determination of satisfactory service.—** — The determination of satisfactory service of an officer in a grade under paragraph (1) shall be made as follows:
(A) By the Secretary of the military department concerned, if the officer is serving in a grade at or below the grade of major general or rear admiral.
(B) By the Secretary of Defense, if the officer is serving or has served in a grade above the grade of major general or rear admiral.
(3) **Effect of misconduct in lower grade in determination.—** — If the Secretary of a military department or the Secretary of Defense, as applicable, determines that an officer committed misconduct in a lower grade than the retirement grade otherwise provided for the officer by this section—
(A) 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
(B) the grade next lower to such lower grade shall be the retired grade of the officer under this section.
(4) **Nature of retirement of certain reserve officers and officers in temporary grades.—** — A reserve officer, or an officer appointed to a position under [section 601 of this title](https://uscode.house.g
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1370
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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) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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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
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability is determined under [section 1370 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370&num=0&edition=prelim).
(2) The retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability is determined under [section 1370a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370a&num=0&edition=prelim).
**(b)** Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Air Force not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that the member holds on the date of the member’s retirement.
**(c) Space Force.—**
(1) The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 or 1370a of this title, as applicable to the officer.
(2) Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member’s retirement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9341
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Federal law — U.S. Code and appendices · legal_authorities
Page 3031
TITLE 10—ARMED FORCES
§ 7341
2018—Pub. L. 115–232, § 808(b)(12), renumbered section
3926 of this title as this section.
Subsecs. (a) to (c). Pub. L. 115–232, § 809(a), substituted
‘‘section 7311, 7318, or 7324’’ for ‘‘section 3911, 3918, or
3924’’ in introductory provisions in subsec. (a) and in
subsecs. (b) and (c).
Subsec. (d). Pub. L. 115–232, § 809(a), substituted ‘‘sec-
tion 7311’’ for ‘‘section 3911’’.
1996—Subsec. (e). Pub. L. 104–106 added subsec. (e).
1959—Subsec. (d). Pub. L. 86–197 added subsec. (d).
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 OF 1996 AMENDMENT
Amendment by Pub. L. 104–106 effective Feb. 10, 1996,
and applicable to any period of time covered by section
972 of this title that occurs after that date, see section
561(e) of Pub. L. 104–106, set out as a note under section
972 of this title.
§ 7329. Computation of retired pay: law applica-
ble
A member of the Army retired under this
chapter is entitled to retired pay computed
under chapter 745 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 230, § 3929; re-
numbered § 7329 and amended Pub. L. 115–232,
div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13,
2018, 132 Stat. 1838, 1840.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
3929 .........
[No source].
[No source].
The revised section is based on the various retire-
ment provisions in this chapter and is inserted to make
explicit the entitlement to retired pay upon retire-
m
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 7341
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