---
kind: "section"
citation: "10 U.S.C. § 12771"
title: "10"
title_heading: "Armed Forces"
number: "12771"
heading: "Reserve officers: grade on transfer to Retired Reserve"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12771"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1225 — Retired Grade"
---

# §12771. Reserve officers: grade on transfer to Retired Reserve

- (a) **Grade on Transfer.—** Unless entitled to a higher [grade](/usc/10/101.md?p=b-7) under another provision of law, a [reserve](/usc/10/101.md?p=c-6) [commissioned officer](/usc/10/101.md?p=b-2), other than a commissioned [warrant officer](/usc/10/101.md?p=b-3), who is transferred to the Retired [Reserve](/usc/10/101.md?p=c-6) is entitled to be placed on the retired list established by [section 12774(a) of this title](/usc/10/12774.md?p=a) in the highest [grade](/usc/10/101.md?p=b-7) in which he served satisfactorily, as determined by the [Secretary concerned](/usc/10/101.md?p=a-9) and in accordance with [section 1370a of this title](/usc/10/1370a.md), 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](/usc/10/101.md?p=c-6) who is a [commissioned officer](/usc/10/101.md?p=b-2) is recalled to an [active status](/usc/10/101.md?p=d-4) in the Selected [Reserve](/usc/10/101.md?p=c-6) of the Ready [Reserve](/usc/10/101.md?p=c-6) under [section 10145(d) of this title](/usc/10/10145.md?p=d) and completes not less than two years of service in such [active status](/usc/10/101.md?p=d-4), the member is entitled to an adjustment in the retired [grade](/usc/10/101.md?p=b-7) of the member in the manner provided in [section 1370a of this title](/usc/10/1370a.md).
  - (2) The [Secretary concerned](/usc/10/101.md?p=a-9) may reduce the two-year service requirement specified in [paragraph (1)](#b-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](/usc/32/314.md) 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](/usc/32/324.md?p=b).

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1662(k)(1), Oct. 5, 1994, 108 Stat. 3005; amended Pub. L. 111–84, div. A, title VI, § 642(b), Oct. 28, 2009, 123 Stat. 2365; Pub. L. 116–283, div. A, title V, § 508(b)(5), Jan. 1, 2021, 134 Stat. 3585.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 1374(b), (f) of this title, prior to repeal by Pub. L. 103–337, § 1662(k)(2).

### Amendments

2021—Subsec. (a). Pub. L. 116–283, § 508(b)(5)(A), substituted “section 1370a of this title” for “section 1370(d)”.

Subsec. (b)(1). Pub. L. 116–283, § 508(b)(5)(B), substituted “section 1370a” for “section 1370(d)”.

2009—Pub. L. 111–84 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.