§1370. Regular commissioned officers — Inbound Citations
10 U.S.C. § 1370
Cited by 17 provisions in release 119-102.
Citations to 10 U.S.C. § 1370 as a whole
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(e) The retirement grade, and retirement, of a person covered by this section who is under investigation for alleged misconduct 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 purposes of this subsection, any reference to “active 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.
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(f) The final retirement grade under this section of a person described in subsection (e) following resolution of the investigation or personnel 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 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 (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”.
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(2) A determination of the retired grade of a person may be reopened in accordance 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 reference to “chapter 71 of this title” shall be deemed to be a reference to “chapter 1223 of this title”.
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(4) In the case of an officer who served in the temporary grade of O–9 or O–10 and received a conditional or final retirement in the permanent grade of O–8 pursuant to section 1370 or 1370a of this title, the retired pay base or retainer pay shall be the lower of—(B) the amount determined under section 1406 of this title, as if the officer first became a member of a uniformed service before September 8, 1980.
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(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.
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(a) Unless otherwise entitled to a higher retired grade and subject to section 689, and section 1370 or 1370a (as applicable), of this title, each member, other than a retired member, of the Navy or the Marine Corps shall, when retired, be advanced on the retired list to the highest officer grade in which he served satisfactorily under a temporary appointment as determined by the Secretary of the Navy.
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(a) Except as provided in subsection (b) or section 13701 of this title, each officer who is retired under section 8321 or 8322 of this title—(1) unless otherwise entitled to a higher grade, shall be retired in the grade in which he was serving at the time of retirement; and(2) unless otherwise entitled to higher pay, is entitled to retired pay computed under section 8333 of this title.
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(1) unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 13701 of this title; and
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(1) unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 13701 of this title; and
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(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.
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(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.
Citations to §1370(c)
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(B) in the case an officer, is not certified by the Secretary of Defense under section 1370(c)1 of this title as having served on active duty satisfactorily in the grade of general or admiral, as the case may be, while serving in that position.
Citations to §1370(d)
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(e) The retirement grade, and retirement, of a person covered by this section who is under investigation for alleged misconduct 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 purposes of this subsection, any reference to “active 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.
Citations to §1370(e)
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(f) The final retirement grade under this section of a person described in subsection (e) following resolution of the investigation or personnel 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 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 (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”.
Citations to §1370(f)
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(2) A determination of the retired grade of a person may be reopened in accordance 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 reference to “chapter 71 of this title” shall be deemed to be a reference to “chapter 1223 of this title”.