---
kind: "section"
citation: "10 U.S.C. § 1370"
title: "10"
title_heading: "Armed Forces"
number: "1370"
heading: "Regular commissioned officers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1370"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 69 — Retired Grade"
---

# §1370. Regular commissioned officers

- (a) **Retirement in Highest Grade in Which Served Satisfactorily.—**
  - (1) **In general.—** Unless entitled to a different retired [grade](/usc/10/101.md?p=b-7) under some other provision of law, a [commissioned officer](/usc/10/101.md?p=b-2) (other than a commissioned [warrant officer](/usc/10/101.md?p=b-3)) of the Army, Navy, Air Force, Marine Corps, or Space Force who retires under any provision of law other than chapter [61](/usc/10/chstA/ptII/ch61.md) or [1223](/usc/10/chstE/ptII/ch1223.md) of this title shall be retired in the highest permanent [grade](/usc/10/101.md?p=b-7) in which such [officer](/usc/10/101.md?p=b-1) is determined to have served on [active duty](/usc/10/101.md?p=d-1) satisfactorily.
  - (2) **Determination of satisfactory service.—** The determination of satisfactory service of an [officer](/usc/10/101.md?p=b-1) in a [grade](/usc/10/101.md?p=b-7) under [paragraph (1)](#a-1) shall be made as follows:
    - (A) By the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned, if the [officer](/usc/10/101.md?p=b-1) is serving in a [grade](/usc/10/101.md?p=b-7) at or below the [grade](/usc/10/101.md?p=b-7) of major general or rear admiral.
    - (B) By the [Secretary](/usc/10/4951.md?p=3) of Defense, if the [officer](/usc/10/101.md?p=b-1) is serving or has served in a [grade](/usc/10/101.md?p=b-7) above the [grade](/usc/10/101.md?p=b-7) of major general or rear admiral.
  - (3) **Effect of misconduct in lower grade in determination.—** If the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) or the [Secretary](/usc/10/4951.md?p=3) of Defense, as applicable, determines that an [officer](/usc/10/101.md?p=b-1) committed misconduct in a lower [grade](/usc/10/101.md?p=b-7) than the retirement [grade](/usc/10/101.md?p=b-7) otherwise provided for the [officer](/usc/10/101.md?p=b-1) by this section—
    - (A) such [Secretary](/usc/10/4951.md?p=3) may deem the [officer](/usc/10/101.md?p=b-1) to have not served satisfactorily in any [grade](/usc/10/101.md?p=b-7) equal to or higher than such lower [grade](/usc/10/101.md?p=b-7) for purposes of determining the retirement [grade](/usc/10/101.md?p=b-7) of the [officer](/usc/10/101.md?p=b-1) under this section; and
    - (B) the [grade](/usc/10/101.md?p=b-7) next lower to such lower [grade](/usc/10/101.md?p=b-7) shall be the retired [grade](/usc/10/101.md?p=b-7) of the [officer](/usc/10/101.md?p=b-1) under this section.
  - (4) **Nature of retirement of certain reserve officers and officers in temporary grades.—** A [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1), or an [officer](/usc/10/101.md?p=b-1) appointed to a position under [section 601 of this title](/usc/10/601.md), who is notified that the [officer](/usc/10/101.md?p=b-1) will be released from [active duty](/usc/10/101.md?p=d-1) without the [officer](/usc/10/101.md?p=b-1)’s consent and thereafter requests retirement under section [7311](/usc/10/7311.md), [8323](/usc/10/8323.md), or [9311](/usc/10/9311.md) of this title and is retired pursuant to that request is considered for purposes of this section to have been retired involuntarily.
  - (5) **Nature of retirement of certain removed officers.—** An [officer](/usc/10/101.md?p=b-1) retired pursuant to [section 1186(b)(1) of this title](/usc/10/1186.md?p=b-1) is considered for purposes of this section to have been retired voluntarily.
- (b) **Retirement of Officers Retiring Voluntarily.—**
  - (1) **Service-in-grade requirement.—** In order to be eligible for voluntary retirement under any provision of this title in a [grade](/usc/10/101.md?p=b-7) above the [grade](/usc/10/101.md?p=b-7) of captain in the Army, Air Force, Marine Corps, or Space Force or lieutenant in the Navy, a [commissioned officer](/usc/10/101.md?p=b-2) of the Army, Navy, Air Force, Marine Corps, or Space Force must have served on [active duty](/usc/10/101.md?p=d-1) in that [grade](/usc/10/101.md?p=b-7) for a period of not less than three years, except that—
    - (A) subject to [subsection (c)](#c), the [Secretary](/usc/10/4951.md?p=3) of Defense may reduce such period to a period of not less than two years for any [officer](/usc/10/101.md?p=b-1); and
    - (B) in the case of an [officer](/usc/10/101.md?p=b-1) to be retired in a [grade](/usc/10/101.md?p=b-7) at or below the [grade](/usc/10/101.md?p=b-7) of major general or rear admiral, the [Secretary](/usc/10/4951.md?p=3) of Defense may authorize the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned to reduce such period to a period of not less than two years.
  - (2) **Limitation on delegation.—** The authority of the [Secretary](/usc/10/4951.md?p=3) of Defense in [subparagraph (A)](#b-1-A) of paragraph (1) may not be delegated. The authority of the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) in [subparagraph (B)](#b-1-B) of paragraph (1), as delegated to such [Secretary](/usc/10/4951.md?p=3) pursuant to such subparagraph, may not be further delegated.
  - (3) **Waiver of requirement.—** Subject to [subsection (c)](#c), the President may waive the application of the service-in-[grade](/usc/10/101.md?p=b-7) requirement in [paragraph (1)](#b-1) to [officers](/usc/10/101.md?p=b-1) covered by that paragraph in individual cases involving extreme hardship or exceptional or unusual circumstances. The authority of the President under this paragraph may not be delegated.
  - (4) **Limitation on reduction or waiver of requirement for officers under investigation or pending misconduct.—** In the case of an [officer](/usc/10/101.md?p=b-1) to be retired in a [grade](/usc/10/101.md?p=b-7) above the [grade](/usc/10/101.md?p=b-7) of colonel in the Army, Air Force, Marine Corps, or Space Force or captain in the Navy, the service-in-[grade](/usc/10/101.md?p=b-7) requirement in [paragraph (1)](#b-1) may not be reduced pursuant to that paragraph, or waived pursuant to [paragraph (3)](#b-3), while the [officer](/usc/10/101.md?p=b-1) is under investigation for alleged misconduct or while there is pending the disposition of an adverse personnel action against the [officer](/usc/10/101.md?p=b-1).
  - (5) **Grade and fiscal year limitations on reduction or waiver of requirements.—** The aggregate number of members of an armed force in a [grade](/usc/10/101.md?p=b-7) for whom reductions are made under [paragraph (1)](#b-1), and waivers are made under [paragraph (3)](#b-3), in a fiscal year may not exceed—
    - (A) in the case of [officers](/usc/10/101.md?p=b-1) to be retired in a [grade](/usc/10/101.md?p=b-7) at or below the [grade](/usc/10/101.md?p=b-7) of major in the Army, Air Force, Marine Corps, or Space Force or lieutenant commander in the Navy, the number equal to two percent of the authorized active-duty strength for that fiscal year for [officers](/usc/10/101.md?p=b-1) of that armed force in that [grade](/usc/10/101.md?p=b-7);
    - (B) in the case of [officers](/usc/10/101.md?p=b-1) to be retired in the [grade](/usc/10/101.md?p=b-7) of lieutenant colonel or colonel in the Army, Air Force, Marine Corps, or Space Force or commander or captain in the Navy, the number equal to four percent of the authorized active-duty strength for that fiscal year for [officers](/usc/10/101.md?p=b-1) of that armed force in the applicable [grade](/usc/10/101.md?p=b-7); or
    - (C) in the case of [officers](/usc/10/101.md?p=b-1) to be retired in the [grade](/usc/10/101.md?p=b-7) of brigadier general or major general in the Army, Air Force, Marine Corps, or Space Force or rear admiral (lower half) or rear admiral in the Navy, the number equal to 10 percent[^1] of the authorized active-duty strength for that fiscal year for [officers](/usc/10/101.md?p=b-1) of that armed force in the applicable [grade](/usc/10/101.md?p=b-7).
  - (6) **Notice to congress on reduction or waiver of requirements for general, flag, and equivalent officer grades.—** In the case of an [officer](/usc/10/101.md?p=b-1) to be retired in a [grade](/usc/10/101.md?p=b-7) that is a general or [flag officer](/usc/10/101.md?p=b-5) [grade](/usc/10/101.md?p=b-7) who is eligible to retire in that [grade](/usc/10/101.md?p=b-7) only by reason of an exercise of the authority in [paragraph (1)](#b-1) to reduce the service-in-[grade](/usc/10/101.md?p=b-7) requirement in that paragraph, or the authority in [paragraph (3)](#b-3) to waive that requirement, the [Secretary](/usc/10/4951.md?p=3) of Defense or the President, as applicable, shall, not later than 60 days prior to the date on which the [officer](/usc/10/101.md?p=b-1) will be retired in that [grade](/usc/10/101.md?p=b-7), notify the Committees on Armed Services of the Senate and the House of Representatives of the exercise of the applicable authority with respect to that [officer](/usc/10/101.md?p=b-1).
  - (7) **Retirement in next lowest grade for officers not meeting requirement.—** An [officer](/usc/10/101.md?p=b-1) described in [paragraph (1)](#b-1) whose length of service in the highest [grade](/usc/10/101.md?p=b-7) held by the [officer](/usc/10/101.md?p=b-1) while on [active duty](/usc/10/101.md?p=d-1) does not meet the period of the service-in-[grade](/usc/10/101.md?p=b-7) requirement applicable to the [officer](/usc/10/101.md?p=b-1) under this subsection shall, subject to [subsection (c)](#c), be retired in the next lower [grade](/usc/10/101.md?p=b-7) in which the [officer](/usc/10/101.md?p=b-1) served on [active duty](/usc/10/101.md?p=d-1) satisfactorily, as determined by the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned or the [Secretary](/usc/10/4951.md?p=3) of Defense, as applicable.
- (c) **Officers in O–9 and O–10 Grades.—**
  - (1) **In general.—** An [officer](/usc/10/101.md?p=b-1) of the Army, Navy, Air Force, Marine Corps, or Space Force who is serving or has served in a position of importance and responsibility designated by the President to carry the [grade](/usc/10/101.md?p=b-7) of lieutenant general or general in the Army, Air Force, Marine Corps, or Space Force or vice admiral or admiral in the Navy under [section 601 of this title](/usc/10/601.md) may be retired in such [grade](/usc/10/101.md?p=b-7) under [subsection (a)](#a) only after the [Secretary](/usc/10/4951.md?p=3) of Defense certifies in writing to the President and the Committees on Armed Services of the Senate and the House of Representatives that the [officer](/usc/10/101.md?p=b-1) served on [active duty](/usc/10/101.md?p=d-1) satisfactorily in such [grade](/usc/10/101.md?p=b-7).
  - (2) **Prohibition on delegation.—** The authority of the [Secretary](/usc/10/4951.md?p=3) of Defense to make a certification with respect to an [officer](/usc/10/101.md?p=b-1) under [paragraph (1)](#c-1) may not be delegated.
  - (3) **Requirements in connection with certification.—** A certification with respect to an [officer](/usc/10/101.md?p=b-1) under [paragraph (1)](#c-1) shall—
    - (A) be submitted by the [Secretary](/usc/10/4951.md?p=3) of Defense such that it is received by the President and the Committees on Armed Services of the Senate and the House of Representatives not later than 60 days prior to the date on which the [officer](/usc/10/101.md?p=b-1) will be retired in the [grade](/usc/10/101.md?p=b-7) concerned;
    - (B) include an up-to-date copy of the [military](/usc/10/801.md?p=8) biography of the [officer](/usc/10/101.md?p=b-1); and
    - (C) include the statement of the [Secretary](/usc/10/4951.md?p=3) as to whether or not potentially adverse, adverse, or reportable information regarding the [officer](/usc/10/101.md?p=b-1) was considered by the [Secretary](/usc/10/4951.md?p=3) in making the certification.
  - (4) **Construction with other notice.—** In the case of an [officer](/usc/10/101.md?p=b-1) under [paragraph (1)](#c-1) to whom a reduction in the service-in-[grade](/usc/10/101.md?p=b-7) requirement under [subsection (b)(1)](#b-1) or waiver under [subsection (b)(3)](#b-3) applies, the requirement for notification under [subsection (b)(6)](#b-6) is satisfied if the notification is included in the certification submitted by the [Secretary](/usc/10/4951.md?p=3) of Defense under [paragraph (1)](#c-1).
- (d) **Conditional Retirement Grade and Retirement for Officers Pending Investigation or Adverse Action.—**
  - (1) **In general.—** When an [officer](/usc/10/101.md?p=b-1) serving in a [grade](/usc/10/101.md?p=b-7) at or below the [grade](/usc/10/101.md?p=b-7) of major general in the Army, Air Force, Marine Corps, or Space Force or rear admiral in the Navy is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement, the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned may—
    - (A) conditionally determine the highest permanent [grade](/usc/10/101.md?p=b-7) of satisfactory service on [active duty](/usc/10/101.md?p=d-1) of the [officer](/usc/10/101.md?p=b-1) pending completion of the investigation or resolution of the personnel action, as applicable; and
    - (B) retire the [officer](/usc/10/101.md?p=b-1) in that conditional [grade](/usc/10/101.md?p=b-7), subject to [subsection (e)](#e).
  - (2) **Officers in o–9 and o–10 grades.—** When an [officer](/usc/10/101.md?p=b-1) described by [subsection (c)(1)](#c-1) is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement, the [Secretary](/usc/10/4951.md?p=3) of Defense may—
    - (A) conditionally determine the highest permanent [grade](/usc/10/101.md?p=b-7) of satisfactory service on [active duty](/usc/10/101.md?p=d-1) of the [officer](/usc/10/101.md?p=b-1), pending completion of the investigation or personnel action, as applicable; and
    - (B) retire the [officer](/usc/10/101.md?p=b-1) in that conditional [grade](/usc/10/101.md?p=b-7), subject to [subsection (e)](#e).
  - (3) **Reduction or waiver of service-in-grade requirement prohibited for general, flag, and equivalent officer grades.—** In conditionally determining the retirement [grade](/usc/10/101.md?p=b-7) of an [officer](/usc/10/101.md?p=b-1) under paragraph (1)(A) or (2)(A) of this subsection to be a [grade](/usc/10/101.md?p=b-7) above the [grade](/usc/10/101.md?p=b-7) of colonel in the Army, Air Force, Marine Corps, or Space Force or captain in the Navy, the service-in-[grade](/usc/10/101.md?p=b-7) requirement in [subsection (b)(1)](#b-1) may not be reduced pursuant to [subsection (b)(1)](#b-1) or waived pursuant to [subsection (b)(3)](#b-3).
  - (4) **Prohibition on delegation.—** The authority of the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) under [paragraph (1)](#d-1) may not be delegated. The authority of the [Secretary](/usc/10/4951.md?p=3) of Defense under [paragraph (2)](#d-2) may not be delegated.
- (e) **Final Retirement Grade Following Resolution of Pending Investigation or Adverse Action.—**
  - (1) **No change from conditional retirement grade.—** If the resolution of an investigation or personnel action with respect to an [officer](/usc/10/101.md?p=b-1) who has been retired in a conditional retirement [grade](/usc/10/101.md?p=b-7) pursuant to [subsection (d)](#d) results in a determination that the conditional retirement [grade](/usc/10/101.md?p=b-7) in which the [officer](/usc/10/101.md?p=b-1) was retired will not be changed, the conditional retirement [grade](/usc/10/101.md?p=b-7) of the [officer](/usc/10/101.md?p=b-1) shall, subject to [paragraph (3)](#e-3), be the final retired [grade](/usc/10/101.md?p=b-7) of the [officer](/usc/10/101.md?p=b-1).
  - (2) **Change from conditional retirement grade.—** If the resolution of an investigation or personnel action with respect to an [officer](/usc/10/101.md?p=b-1) who has been retired in a conditional retirement [grade](/usc/10/101.md?p=b-7) pursuant to [subsection (d)](#d) results in a determination that the conditional retirement [grade](/usc/10/101.md?p=b-7) in which the [officer](/usc/10/101.md?p=b-1) was retired should be changed, the changed retirement [grade](/usc/10/101.md?p=b-7) shall be the final retired [grade](/usc/10/101.md?p=b-7) of the [officer](/usc/10/101.md?p=b-1) under this section, except that if the final retirement [grade](/usc/10/101.md?p=b-7) provided for an [officer](/usc/10/101.md?p=b-1) pursuant to this paragraph is the [grade](/usc/10/101.md?p=b-7) of lieutenant general or general in the Army, Air Force, Marine Corps, or Space Force or vice admiral or admiral in the Navy, the requirements in [subsection (c)](#c) shall apply in connection with the retirement of the [officer](/usc/10/101.md?p=b-1) in such final retirement [grade](/usc/10/101.md?p=b-7).
  - (3) **Recalculation of retired pay.—**
    - (A) **In general.—** If the final retired [grade](/usc/10/101.md?p=b-7) of an [officer](/usc/10/101.md?p=b-1) is as a result of a change under [paragraph (2)](#e-2), the retired [pay](/usc/10/101.md?p=a-15) of the [officer](/usc/10/101.md?p=b-1) under [chapter 71](/usc/10/chstA/ptII/ch71.md) of this title shall be recalculated accordingly, with any modification of the retired [pay](/usc/10/101.md?p=a-15) of the [officer](/usc/10/101.md?p=b-1) to go into effect as of the date of the retirement of the [officer](/usc/10/101.md?p=b-1).
    - (B) **Payment of higher amount for period of conditional retirement grade.—** If the recalculation of the retired [pay](/usc/10/101.md?p=a-15) of an [officer](/usc/10/101.md?p=b-1) results in an increase in retired [pay](/usc/10/101.md?p=a-15), the [officer](/usc/10/101.md?p=b-1) shall be paid the amount by which such increased retired [pay](/usc/10/101.md?p=a-15) exceeded the amount of retired [pay](/usc/10/101.md?p=a-15) paid the [officer](/usc/10/101.md?p=b-1) for retirement in the [officer](/usc/10/101.md?p=b-1)’s conditional [grade](/usc/10/101.md?p=b-7) during the period beginning on the date of the retirement of the [officer](/usc/10/101.md?p=b-1) in such conditional [grade](/usc/10/101.md?p=b-7) and ending on the effective date of the change of the [officer](/usc/10/101.md?p=b-1)’s retired [grade](/usc/10/101.md?p=b-7). For an [officer](/usc/10/101.md?p=b-1) whose retired [grade](/usc/10/101.md?p=b-7) is determined pursuant to [subsection (c)](#c), the effective date of the change of the [officer](/usc/10/101.md?p=b-1)’s retired [grade](/usc/10/101.md?p=b-7) for purposes of this subparagraph shall be the date that is 60 days after the date on which the [Secretary](/usc/10/4951.md?p=3) of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives the certification required by [subsection (c)](#c) in connection with the retired [grade](/usc/10/101.md?p=b-7) of the [officer](/usc/10/101.md?p=b-1).
    - (C) **Recoupment of overage during period of conditional retirement grade.—** If the recalculation of the retired [pay](/usc/10/101.md?p=a-15) of an [officer](/usc/10/101.md?p=b-1) results in a decrease in retired [pay](/usc/10/101.md?p=a-15), there shall be recouped from the [officer](/usc/10/101.md?p=b-1) the amount by which the amount of retired [pay](/usc/10/101.md?p=a-15) paid the [officer](/usc/10/101.md?p=b-1) for retirement in the [officer](/usc/10/101.md?p=b-1)’s conditional [grade](/usc/10/101.md?p=b-7) exceeded such decreased retired [pay](/usc/10/101.md?p=a-15) during the period beginning on the date of the retirement of the [officer](/usc/10/101.md?p=b-1) in such conditional [grade](/usc/10/101.md?p=b-7) and ending on the effective date of the change of the [officer](/usc/10/101.md?p=b-1)’s retired [grade](/usc/10/101.md?p=b-7).
- (f) **Finality of Retired Grade Determinations.—**
  - (1) **In general.—** Except for a conditional determination authorized by [subsection (d)](#d), a determination of the retired [grade](/usc/10/101.md?p=b-7) of an [officer](/usc/10/101.md?p=b-1) pursuant to this section is administratively final on the day the [officer](/usc/10/101.md?p=b-1) is retired, and may not be reopened, except as provided in [paragraph (2)](#f-2).
  - (2) **Reopening.—** A final determination of the retired [grade](/usc/10/101.md?p=b-7) of an [officer](/usc/10/101.md?p=b-1) may be reopened as follows:
    - (A) If the retirement or retired [grade](/usc/10/101.md?p=b-7) of the [officer](/usc/10/101.md?p=b-1) was procured by fraud.
    - (B) If substantial evidence comes to light after the retirement that could have led to determination of a different retired [grade](/usc/10/101.md?p=b-7) under this section if known by competent authority at the time of retirement.
    - (C) If a mistake of law or calculation was made in the determination of the retired [grade](/usc/10/101.md?p=b-7).
    - (D) If the applicable [Secretary](/usc/10/4951.md?p=3) determines, pursuant to regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense, that good cause exists to reopen the determination of retired [grade](/usc/10/101.md?p=b-7).
  - (3) **Applicable secretary.—** For purposes of this subsection, the applicable [Secretary](/usc/10/4951.md?p=3) for purposes of a determination or action specified in this subsection is—
    - (A) the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned, in the case of an [officer](/usc/10/101.md?p=b-1) retired in a [grade](/usc/10/101.md?p=b-7) at or below the [grade](/usc/10/101.md?p=b-7) of major general in the Army, Air Force, Marine Corps, or Space Force or rear admiral in the Navy; or
    - (B) the [Secretary](/usc/10/4951.md?p=3) of Defense, in the case of an [officer](/usc/10/101.md?p=b-1) retired in a [grade](/usc/10/101.md?p=b-7) of lieutenant general or general in the Army, Air Force, Marine Corps, or Space Force or vice admiral or admiral in the Navy.
  - (4) **Notice and limitation.—** If a final determination of the retired [grade](/usc/10/101.md?p=b-7) of an [officer](/usc/10/101.md?p=b-1) is reopened in accordance with [paragraph (2)](#f-2), the applicable [Secretary](/usc/10/4951.md?p=3)—
    - (A) shall notify the [officer](/usc/10/101.md?p=b-1) of the reopening; and
    - (B) may not make an adverse determination on the retired [grade](/usc/10/101.md?p=b-7) of the [officer](/usc/10/101.md?p=b-1) until the [officer](/usc/10/101.md?p=b-1) has had a reasonable opportunity to respond regarding the basis for the reopening of the [officer](/usc/10/101.md?p=b-1)’s retired [grade](/usc/10/101.md?p=b-7).
  - (5) **Additional notice on reopening for officers retired in o–9 and o–10 grades.—** If the determination of the retired [grade](/usc/10/101.md?p=b-7) of an [officer](/usc/10/101.md?p=b-1) whose retired [grade](/usc/10/101.md?p=b-7) was provided for pursuant to [subsection (c)](#c) is reopened, the [Secretary](/usc/10/4951.md?p=3) of Defense shall also notify the President and the Committees on Armed Services of the Senate and the House of Representatives.
  - (6) **Manner of making of change.—** If the retired [grade](/usc/10/101.md?p=b-7) of an [officer](/usc/10/101.md?p=b-1) is proposed to be changed through the reopening of the final determination of an [officer](/usc/10/101.md?p=b-1)’s retired [grade](/usc/10/101.md?p=b-7) under this subsection, the change in [grade](/usc/10/101.md?p=b-7) shall be made—
    - (A) in the case of an [officer](/usc/10/101.md?p=b-1) whose retired [grade](/usc/10/101.md?p=b-7) is to be changed to a [grade](/usc/10/101.md?p=b-7) at or below the [grade](/usc/10/101.md?p=b-7) of major general in the Army, Air Force, Marine Corps, or Space Force or rear admiral in the Navy in accordance with subsections [(a)](#a) and [(b)](#b)—
      - (i) by the [Secretary](/usc/10/4951.md?p=3) of Defense (who may delegate such authority only as authorized by [clause (ii)](#f-6-A-ii)); or
      - (ii) if authorized by the [Secretary](/usc/10/4951.md?p=3) of Defense, by the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned (who may not further delegate such authority);
    - (B) in the case of an [officer](/usc/10/101.md?p=b-1) whose retired [grade](/usc/10/101.md?p=b-7) is to be changed to the [grade](/usc/10/101.md?p=b-7) of lieutenant general or general in the Army, Air Force, Marine Corps, or Space Force or vice admiral or admiral in the Navy, by the President, by and with the advice and consent of the Senate.
  - (7) **Recalculation of retired pay.—** If the final retired [grade](/usc/10/101.md?p=b-7) of an [officer](/usc/10/101.md?p=b-1) is changed through the reopening of the [officer](/usc/10/101.md?p=b-1)’s retired [grade](/usc/10/101.md?p=b-7) under this subsection, the retired [pay](/usc/10/101.md?p=a-15) of the [officer](/usc/10/101.md?p=b-1) under [chapter 71](/usc/10/chstA/ptII/ch71.md) of this title shall be recalculated. Any modification of the retired [pay](/usc/10/101.md?p=a-15) of the [officer](/usc/10/101.md?p=b-1) as a result of the change shall go into effect on the effective date of the change of the [officer](/usc/10/101.md?p=b-1)’s retired [grade](/usc/10/101.md?p=b-7), and the [officer](/usc/10/101.md?p=b-1) shall not be entitled or subject to any changed amount of retired [pay](/usc/10/101.md?p=a-15) for any period before such effective date. An [officer](/usc/10/101.md?p=b-1) whose retired [grade](/usc/10/101.md?p=b-7) is changed as provided in [paragraph (6)(B)](#f-6-B) shall not be entitled or subject to a change in retired [pay](/usc/10/101.md?p=a-15) for any period before the date on which the Senate provides advice and consent for the retirement of the [officer](/usc/10/101.md?p=b-1) in such [grade](/usc/10/101.md?p=b-7).
- (g) **Highest Permanent Grade Defined.—** In this section, the term “highest permanent [grade](/usc/10/101.md?p=b-7)” means a [grade](/usc/10/101.md?p=b-7) at or below the [grade](/usc/10/101.md?p=b-7) of major general in the Army, Air Force, Marine Corps, or Space Force, or rear admiral in the Navy.

## Footnotes

[^1]: See Temporary Increase in Fiscal Year Percentage Limitation for Reduction or Waiver of Service-In-Grade Requirement for General and Flag Officers To Be Retired in Pay Grades O–7 and O–8 note below.

## Source credit

(Added Pub. L. 116–283, div. A, title V, § 508(a)(1), Jan. 1, 2021, 134 Stat. 3574; amended Pub. L. 118–31, div. A, title XVII, § 1741(a)(5), Dec. 22, 2023, 137 Stat. 679; Pub. L. 118–159, div. A, title V, § 521(f)(1), title XVII, § 1701(a)(20), Dec. 23, 2024, 138 Stat. 1881, 2204.)

## Notes

### Editorial Notes

### Prior Provisions

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

### Amendments

2024—Subsec. (b)(1). Pub. L. 118–159, § 1701(a)(20)(A), substituted “or Space Force” for “or, Space Force” in introductory provisions.

Subsec. (f)(6)(A). Pub. L. 118–159, § 1701(a)(20)(B)(i), inserted a comma after “Air Force” in introductory provisions.

Subsec. (f)(6)(B). Pub. L. 118–159, § 1701(a)(20)(B)(ii), inserted a comma after “Navy”.

Subsec. (g). Pub. L. 118–159, § 521(f)(1), 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”.

2023—Subsec. (a)(2). Pub. 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. (b)(1). Pub. 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. (b)(1)(B). Pub. 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. (b)(4). Pub. 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. (b)(5)(A). Pub. 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. (b)(5)(B). Pub. 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. (b)(5)(C). Pub. 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. (b)(6). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. 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

### Temporary Increase in Fiscal Year Percentage Limitation for Reduction or Waiver of Service-In-Grade Requirement for General and Flag Officers To Be Retired in Pay Grades O–7 and O–8

Pub. L. 119–60, div. A, title V, § 505, Dec. 18, 2025, 139 Stat. 858, provided that: “During the period beginning on the date of the enactment of this Act [Dec. 18, 2025] and ending on September 30, 2027, subparagraph (C) of section 1370(b)(5) of title 10, United States Code, shall be applied by substituting ‘15 percent’ for ‘10 percent’.”

### Other References

Pub. 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 Pub. L. 96–513, set out as a note under section 611 of this title.