10 U.S.C. § 1371 — Warrant officers: general rule

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) following resolution of the investigation or per- sonnel action concerned is the final retirement grade provided for by section 1370(e) of this title. In the application of such section 1370(e) for pur- poses of this subsection, any reference to a pro- vision of section 1370 of this title shall be deemed to be a reference to the analogous provi- sion of this section. In the application of para- graph (3) of such section 1370(e) for purposes of this subsection, the reference to ‘‘chapter 71 of this title’’ shall be deemed to be a reference to ‘‘chapter 1223 of this title’’. (g) FINALITY OF RETIRED GRADE DETERMINA- TIONS.— (1) IN GENERAL.—Except for a conditional de- termination authorized by subsection (e), a de- termination of the retired grade of a person pursuant to this section is administratively final on the day the person is retired, and may not be reopened. (2) REOPENING.—A determination of the re- tired grade of a person may be reopened in ac- cordance with applicable provisions of section 1370(f) of this title. In the application of such section 1370(f) for purposes of this subsection, 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. In the application of paragraph (7) of such section 1370(f) for purposes of this paragraph, the ref- erence to ‘‘chapter 71 of this title’’ shall be deemed to be a reference to ‘‘chapter 1223 of this title’’. (h) HIGHEST PERMANENT GRADE DEFINED.—In this section, the term ‘‘highest permanent grade’’ means a grade at or below the grade of major general in the Army, Air Force, Marine Corps, or Space Force, or rear admiral in the Navy. (Added Pub. L. 116–283, div. A, title V, § 508(a)(1), Jan. 1, 2021, 134 Stat. 3580; amended Pub. L. 118–31, div. A, title XVIII, § 1801(a)(16), Dec. 22, 2023, 137 Stat. 684; Pub. L. 118–159, div. A, title V, § 521(f)(2), Dec. 23, 2024, 138 Stat. 1881.) Editorial Notes AMENDMENTS 2024—Subsec. (d)(1). Pub. L. 118–159, § 521(f)(2)(A), sub- stituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’ in two places. Subsec. (h). Pub. L. 118–159, § 521(f)(2)(B), substituted ‘‘Marine Corps, or Space Force,’’ for ‘‘or Marine Corps’’. 2023—Subsec. (e). Pub. L. 118–31, § 1801(a)(16)(A), in- serted ‘‘to’’ before ‘‘ ‘active duty’ ’’. Subsec. (f). Pub. L. 118–31, § 1801(a)(16)(B), substituted ‘‘1370(e)’’ for ‘‘1370e(e)’’ and ‘‘reference to ‘chapter 71 of this title’ ’’ for ‘‘reference to ‘chapter 71’ of this title’’. § 1371. Warrant officers: general rule 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 offi- cer served satisfactorily, as determined by the Secretary concerned. (Aug. 10, 1956, ch. 1041, 70A Stat. 104; Pub. L. 114–92, div. A, title V, § 505, Nov. 25, 2015, 129 Stat. 808.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1371 ......... 10:600l(d) (1st sentence). 10:600l(f) (1st sentence, as applicable to retired grade). 34:430(d) (1st sentence). May 29, 1954, ch. 249, § 14(d) (1st sentence), (f) (1st sentence, as appli- cable to retired grade), 68 Stat. 163, 164. 34:430(f) (1st sentence, as applicable to retired grade). The first 13 words are substituted for 10:600l(f) (1st sentence, as applicable to retired grade) and 34:430 (1st sentence, as applicable to retired grade). The words ‘‘for a period of more than 30 days’’ are substituted for the words ‘‘under * * * orders specifying that the pe- riod of such duty shall be for a period in excess of thir- ty days or for an indefinite period’’, to conform to the definition of those words in section 101(23) of this title. The words ‘‘any full time duty’’ are omitted, since the duty specified would necessarily be full time duty. The words ‘‘under this section’’ and ‘‘competent’’ are omit- ted as surplusage. Editorial Notes AMENDMENTS 2015—Pub. L. 114–92 amended section generally. Prior to amendment, text read as follows: ‘‘Unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or re- serve warrant officer grade, if any, that he held on the day before the date of his retirement, or in any higher Page 1289 TITLE 10—ARMED FORCES § 1375 warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary, for a pe- riod of more than 30 days.’’ Statutory Notes and Related Subsidiaries PUBLIC HEALTH SERVICE Authority vested by this chapter in ‘‘military depart- ments’’, ‘‘the Secretary concerned’’, or ‘‘the Secretary of Defense’’ to be exercised, with respect to commis- sioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see sec- tion 213a of Title 42, The Public Health and Welfare. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Authority vested by this chapter in ‘‘military depart- ments’’, ‘‘the Secretary concerned’’, or ‘‘the Secretary of Defense’’ to be exercised, with respect to commis- sioned officer corps of National Oceanic and Atmos- pheric Administration, by Secretary of Commerce or Secretary’s designee, see section 3071 of Title 33, Navi- gation and Navigable Waters. § 1372. Grade on retirement for physical dis- ability: members of armed forces Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical dis- ability under section 1201 or 1204 of this title, or whose name is placed on the temporary dis- ability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following: (1) The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired. (2) The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired. (3) The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination. (4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examina- tion. (Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 104–201, div. A, title V, § 577, Sept. 23, 1996, 110 Stat. 2536.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1372 ......... 37:272(d) (104th through 128th words, as applica- ble to retired grade; and 2d and 5th pro- visos). 37:279 (less applicability to 37:272(d) (last pro- viso)). Oct. 12, 1949, ch. 681, §§ 402(d) (104th through 128th words, as applica- ble to retired grade; and 2d and 5th pro- visos), 409 (less applica- bility to § 402(d) (last proviso)), 63 Stat. 818, 823. Clause (1) is substituted for 37:272(d) (104th through 128th words, as applicable to retired grade). The words ‘‘if his name was not carried on that list’’ are sub- stituted for the words ‘‘whichever is earlier’’. Editorial Notes AMENDMENTS 1996—Pars. (3), (4). Pub. L. 104–201 substituted ‘‘a physical examination’’ for ‘‘his physical examination for promotion’’. § 1373. Higher grade for later physical disability: retired officers recalled to active duty Unless entitled to a higher retired grade under some other provision of law, a member of an armed force whose retired pay is computed under section 1402(d) or 1402a(d) of this title is entitled, upon his release from active duty, to the grade equivalent to the grade or rank upon which his retired pay is based under that sec- tion. (Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 96–342, title VIII, § 813(b)(3)(C), Sept. 8, 1980, 94 Stat. 1104.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1373 ......... 37:272(d) (last proviso, as applicable to retired grade). 37:279 (as applicable to 37:272(d) (last proviso)). Oct. 12, 1949, ch. 681, §§ 402(d) (last proviso, as applicable to retired grade), 409 (as applica- ble to § 402(d) (last pro- viso)), 63 Stat. 819, 823. The applicability of the rule stated in 37:279 to all members whose retired pay is computed under 37:272(d) (last proviso) is based on an opinion of the Judge Advo- cate General of the Army (JAGA 1953/3305, 24 Apr. 1953). Editorial Notes AMENDMENTS 1980—Pub. L. 96–342 inserted reference to section 1402a(d) of this title. [§ 1374. Repealed. Pub. L. 103–337, div. A, title XVI, § 1662(k)(2), Oct. 5, 1994, 108 Stat. 3006] Section, added Pub. L. 85–861, § 1(29), Sept. 2, 1958, 72 Stat. 1451; amended Pub. L. 86–559, § 1(4), June 30, 1960, 74 Stat. 265; Pub. L. 99–661, div. A, title V, § 508(d)(2), Nov. 14, 1986, 100 Stat. 3867, related to reserve commis- sioned officers’ grade on retirement or transfer to Re- tired Reserve. See sections 12771 to 12773 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 1375. Entitlement to commission: commissioned officers advanced on retired list A commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is advanced on a retired list is entitled to a com- mission in the grade to which he is advanced. (Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(W), Jan. 1, 2021, 134 Stat. 3821.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1375 ......... 10:1014. 34:394. Mar. 4, 1911, ch. 266, 36 Stat. 1354.