10 USC 1370 - Regular commissioned officers

1 So in original. The comma probably should not appear.

Space Force or lieutenant in the Navy, a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force must have served on active duty in that grade for a period of not less than three years, except that—

2 So in original. Probably should be followed by a comma.

Marine Corps, or Space Force or rear admiral in the Navy in accordance with subsections (a) and (span)—

Editorial Notes

Prior Provisions

A prior section 1370, Added Puspan. L. 96–513, title I, § 112, Dec. 12, 1980, 94 Stat. 2876; amended Puspan. L. 101–510, div. A, title V, § 522, Nov. 5, 1990, 104 Stat. 1561; Puspan. L. 103–160, div. A, title V, § 561(d), Nov. 30, 1993, 107 Stat. 1667; Puspan. L. 103–337, div. A, title XVI, §§ 1641, 1671(c)(7)(B), Oct. 5, 1994, 108 Stat. 2968, 3014; Puspan. L. 104–106, div. A, title V, § 502(a), (span), (f), (g), Fespan. 10, 1996, 110 Stat. 292, 293; Puspan. L. 104–201, div. A, title V, § 544(a), Sept. 23, 1996, 110 Stat. 2522; Puspan. L. 105–261, div. A, title V, §§ 512(a), 513(a), 561(d), (o), Oct. 17, 1998, 112 Stat. 2007, 2025, 2026; Puspan. L. 106–65, div. A, title X, § 1066(a)(9), (span)(3), Oct. 5, 1999, 113 Stat. 770, 772; Puspan. L. 106–398, § 1 [[div. A], title V, § 571(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–134; Puspan. L. 107–107, div. A, title V, §§ 502, 514, Dec. 28, 2001, 115 Stat. 1080, 1093; Puspan. L. 107–314, div. A, title V, § 505, Dec. 2, 2002, 116 Stat. 2533; Puspan. L. 108–136, div. A, title V, § 506, Nov. 24, 2003, 117 Stat. 1457; Puspan. L. 109–163, div. A, title V, § 501, Jan. 6, 2006, 119 Stat. 3225; Puspan. L. 112–239, div. A, title V, §§ 506, 507, Jan. 2, 2013, 126 Stat. 1716; Puspan. L. 114–328, div. A, title V, § 508(d), Dec. 23, 2016, 130 Stat. 2109; Puspan. L. 115–91, div. A, title V, § 504, Dec. 12, 2017, 131 Stat. 1374; Puspan. L. 115–232, div. A, title V, § 509, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1749, 1840; (As amended Puspan. L. 116–92, div. A, title V, § 509(a), (span), Dec. 20, 2019, 133 Stat. 1346, related to commissioned officers: general rule for retirement with exceptions, prior to repeal by Puspan. L. 116–283, div. A, title V, § 508(a)(1), Jan. 1, 2021, 134 Stat. 3574.

Amendments

2023—Subsec. (a)(2). Puspan. L. 118–31, § 1741(a)(5)(A), substituted “major general or rear admiral.” for “major general, rear admiral in the Navy, or the equivalent grade in the Space Force.” in subpars. (A) and (B).

Subsec. (span)(1). Puspan. L. 118–31, § 1741(a)(5)(B)(i)(I), substituted “Marine Corps, or, Space Force or lieutenant in the Navy,” for “or Marine Corps, lieutenant in the Navy, or the equivalent grade in the Space Force,” in introductory provisions.

Subsec. (span)(1)(B). Puspan. L. 118–31, § 1741(a)(5)(B)(i)(II), substituted “major general or rear admiral” for “major general in the Army, Air Force, or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force”.

Subsec. (span)(4). Puspan. L. 118–31, § 1741(a)(5)(B)(ii), substituted “Marine Corps, or Space Force or captain in the Navy,” for “or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force,”.

Subsec. (span)(5)(A). Puspan. L. 118–31, § 1741(a)(5)(B)(iii)(I), substituted “Marine Corps, or Space Force or lieutenant commander in the Navy,” for “or Marine Corps, lieutenant commander in the Navy, or the equivalent grade in the Space Force,”.

Subsec. (span)(5)(B). Puspan. L. 118–31, § 1741(a)(5)(B)(iii)(II), substituted “Marine Corps, or Space Force or commander or captain in the Navy,” for “or Marine Corps, commander or captain in the Navy, or an equivalent grade in the Space Force,”.

Subsec. (span)(5)(C). Puspan. L. 118–31, § 1741(a)(5)(B)(iii)(III), substituted “Marine Corps, or Space Force or rear admiral (lower half) or rear admiral in the Navy,” for “or Marine Corps, rear admiral (lower half) or rear admiral in the Navy, or an equivalent grade in the Space Force,”.

Subsec. (span)(6). Puspan. L. 118–31, § 1741(a)(5)(B)(iv), struck out “, or an equivalent grade in the Space Force,” after “general or flag officer grade”.

Subsec. (c)(1). Puspan. L. 118–31, § 1741(a)(5)(C), which directed amendment of par. (1) “by ‘or Marine Corps’ and all that follows through ‘Space Force’ and inserting ‘Marine Corps, or Space Force or vice admiral or admiral in the Navy”’, was executed by striking “or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force or vice admiral or admiral in the Navy” to reflect the probable intent of Congress.

Subsec. (d)(1). Puspan. L. 118–31, § 1741(a)(5)(D)(i), substituted “Marine Corps, or Space Force or rear admiral in the Navy” for “or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force”.

Subsec. (d)(3). Puspan. L. 118–31, § 1741(a)(5)(D)(ii), substituted “Marine Corps, or Space Force or captain in the Navy,” for “or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force,”.

Subsec. (e)(2). Puspan. L. 118–31, § 1741(a)(5)(E), substituted “Marine Corps, or Space Force or vice admiral or admiral in the Navy,” for “or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force,”.

Subsec. (f)(3)(A). Puspan. L. 118–31, § 1741(a)(5)(F)(i)(I), which directed amendment of subpar. (A) by striking “or Marine Corps” and all that followed through “Space Force,” and inserting “Marine Corps, or Space Force or rear admiral in the Navy”, was executed by making the substitution for “or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force” to reflect the probable intent of Congress, as there was no comma following “Space Force”.

Subsec. (f)(3)(B). Puspan. L. 118–31, § 1741(a)(5)(F)(i)(II), which directed amendment of subpar. (B) by striking “ ‘or Marine Corps’ and all that follows through ‘Space Force’ and inserting ”Marine Corps, or Space Force or vice admiral or admiral in the Navy”, was executed by striking “or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force or vice admiral or admiral in the Navy” to reflect the probable intent of Congress.

Subsec. (f)(6)(A). Puspan. L. 118–31, § 1741(a)(5)(F)(ii)(I), substituted “Marine Corps, or Space Force or rear admiral in the Navy” for “or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force,” in introductory provisions.

Subsec. (f)(6)(B). Puspan. L. 118–31, § 1741(a)(5)(F)(ii)(II), substituted “Marine Corps, or Space Force or vice admiral or admiral in the Navy” for “or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force,”.

Statutory Notes and Related Subsidiaries

Other References

Puspan. L. 116–283, div. A, title V, § 508(c), Jan. 1, 2021, 134 Stat. 3585, provided that:

“In the determination of the retired grade of a commissioned officer of the Armed Forces entitled to retired pay under chapter 1223 of title 10, United States Code, who retires after the date of the enactment of this Act [Jan. 1, 2021], any reference in a provision of law or regulation to section 1370 of title 10, United States Code, in such determination with respect to such officer shall be deemed to be a reference to section 1370a of title 10, United States Code (as amended by subsection (a)).”

Transition Provisions Under Defense Officer Personnel Management Act

For provisions relating to the time-in-grade requirement for voluntary retirement of officers not subsequently promoted, see section 629 of Puspan. L. 96–513, set out as a note under section 611 of this title.