---
kind: "section"
citation: "10 U.S.C. § 1370a"
title: "10"
title_heading: "Armed Forces"
number: "1370a"
heading: "Officers entitled to retired pay for non-regular service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1370a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 69 — Retired Grade"
---

# §1370a. Officers entitled to retired pay for non-regular service

- (a) **Retirement in Highest Grade Held Satisfactorily.—** Unless entitled to a different [grade](/usc/10/101.md?p=b-7), or to credit for satisfactory service in a different [grade](/usc/10/101.md?p=b-7) under some other provision of law, a [person](/usc/10/2700.md?p=2) who is entitled to retired [pay](/usc/10/101.md?p=a-15) under [chapter 1223](/usc/10/chstE/ptII/ch1223.md) of this title shall, upon application under [section 12731 of this title](/usc/10/12731.md), be credited with satisfactory service in the highest permanent [grade](/usc/10/101.md?p=b-7) in which that [person](/usc/10/2700.md?p=2) served satisfactorily at any time in the [armed forces](/usc/10/101.md?p=a-4), 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 in accordance with this section.
- (b) **Service-in-grade Requirement for Officers in Grades Below O–5.—** In order to be credited with satisfactory service in an [officer](/usc/10/101.md?p=b-1) [grade](/usc/10/101.md?p=b-7) (other than a [warrant officer](/usc/10/101.md?p=b-3) [grade](/usc/10/101.md?p=b-7)) below the [grade](/usc/10/101.md?p=b-7) of lieutenant colonel or commander (in the case of the Navy), a [person](/usc/10/2700.md?p=2) covered by [subsection (a)](#a) must have served satisfactorily in that [grade](/usc/10/101.md?p=b-7) (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) as a [reserve](/usc/10/101.md?p=c-6) [commissioned officer](/usc/10/101.md?p=b-2) in an [active status](/usc/10/101.md?p=d-4), or in a retired status on [active duty](/usc/10/101.md?p=d-1), for not less than six months.
- (c) **Service-in-grade Requirement for Offices in Grades Above O–4.—**
  - (1) **In general.—** In order to be credited with satisfactory service in an [officer](/usc/10/101.md?p=b-1) [grade](/usc/10/101.md?p=b-7) above major or lieutenant commander (in the case of the Navy), a [person](/usc/10/2700.md?p=2) covered by [subsection (a)](#a) must have served satisfactorily in that [grade](/usc/10/101.md?p=b-7) (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) as a [reserve](/usc/10/101.md?p=c-6) [commissioned officer](/usc/10/101.md?p=b-2) in an [active status](/usc/10/101.md?p=d-4), or in a retired status on [active duty](/usc/10/101.md?p=d-1), for not less than three years.
  - (2) **Satisfaction of requirement by certain officers not completing three years.—** A [person](/usc/10/2700.md?p=2) covered by [paragraph (1)](#c-1) who has completed at least six months of satisfactory service in [grade](/usc/10/101.md?p=b-7) may be credited with satisfactory service in the [grade](/usc/10/101.md?p=b-7) in which serving at the time of transfer or discharge, notwithstanding failure of the [person](/usc/10/2700.md?p=2) to complete three years of service in that [grade](/usc/10/101.md?p=b-7), if the [person](/usc/10/2700.md?p=2) is transferred from an [active status](/usc/10/101.md?p=d-4) or discharged as a [reserve](/usc/10/101.md?p=c-6) [commissioned officer](/usc/10/101.md?p=b-2)—
    - (A) solely due to the requirements of a nondiscretionary provision of law requiring that transfer or discharge due to the [person](/usc/10/2700.md?p=2)’s age or years of service; or
    - (B) because the [person](/usc/10/2700.md?p=2) no longer meets the qualifications for membership in the Ready [Reserve](/usc/10/101.md?p=c-6) solely because of a physical disability, as determined in accordance with [chapter 61](/usc/10/chstA/ptII/ch61.md) of this title, and at the time of such transfer or discharge the [person](/usc/10/2700.md?p=2) (pursuant to [section 12731b of this title](/usc/10/12731b.md) or otherwise) meets the service requirements established by [section 12731(a) of this title](/usc/10/12731.md?p=a) for eligibility for retired [pay](/usc/10/101.md?p=a-15) under [chapter 1223](/usc/10/chstE/ptII/ch1223.md) of this title, unless the disability is described in [section 12731b of this title](/usc/10/12731b.md).
  - (3) **Reduction in service-in-grade requirements.—**
    - (A) **Officers in grades below general and flag officer grades.—** In the case of a [person](/usc/10/2700.md?p=2) to be retired in a [grade](/usc/10/101.md?p=b-7) below brigadier general or rear admiral (lower half) in the Navy, the [Secretary](/usc/10/4951.md?p=3) of Defense may authorize 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) to reduce, subject to [subparagraph (B)](#c-3-B), the three-year period of service-in-[grade](/usc/10/101.md?p=b-7) required by [paragraph (1)](#c-1) to a period not less than two years. 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 this subparagraph may not be delegated.
    - (B) **Limitation.—** The number of [reserve](/usc/10/101.md?p=c-6) [commissioned officers](/usc/10/101.md?p=b-2) of an armed force in the same [grade](/usc/10/101.md?p=b-7) for whom a reduction is made under [subparagraph (A)](#c-3-A) during any fiscal year in the period of service-in-[grade](/usc/10/101.md?p=b-7) otherwise required by [paragraph (1)](#c-1) may not exceed the number equal to 2 percent of the strength authorized for that fiscal year for [reserve](/usc/10/101.md?p=c-6) [commissioned officers](/usc/10/101.md?p=b-2) of that armed force in an [active status](/usc/10/101.md?p=d-4) in that [grade](/usc/10/101.md?p=b-7).
    - (C) **Officers in general and flag officers grades.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may reduce the three-year period of service-in-[grade](/usc/10/101.md?p=b-7) required by [paragraph (1)](#c-1) to a period not less than two years for any [person](/usc/10/2700.md?p=2), including a [person](/usc/10/2700.md?p=2) who, upon transfer to the Retired [Reserve](/usc/10/101.md?p=c-6) or discharge, is to be credited with satisfactory service in a general or [flag officer](/usc/10/101.md?p=b-5) [grade](/usc/10/101.md?p=b-7) under that paragraph. The authority of the [Secretary](/usc/10/4951.md?p=3) of Defense under this subparagraph may not be delegated.
    - (D) **Notice to congress on reduction in service-in-grade requirements for general and flag officer grades.—** In the case of a [person](/usc/10/2700.md?p=2) to be credited under this section with satisfactory service 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 be credited with such service in that [grade](/usc/10/101.md?p=b-7) only by reason of an exercise of authority in [subparagraph (C)](#c-3-C) to reduce the three-year service-in-[grade](/usc/10/101.md?p=b-7) requirement otherwise applicable under [paragraph (1)](#c-1), the [Secretary](/usc/10/4951.md?p=3) of Defense shall, not later than 60 days prior to the date on which the [person](/usc/10/2700.md?p=2) will be credited with such satisfactory service 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 authority in [subparagraph (C)](#c-3-C) with respect to that [person](/usc/10/2700.md?p=2).
  - (4) **Officers serving in grades above o–6 involuntarily transferred from active status.—** A [person](/usc/10/2700.md?p=2) covered by [paragraph (1)](#c-1) who has completed at least six months of satisfactory service in a [grade](/usc/10/101.md?p=b-7) above colonel or (in the case of the Navy) captain and, while serving in an [active status](/usc/10/101.md?p=d-4) in such [grade](/usc/10/101.md?p=b-7), is involuntarily transferred (other than for cause) from [active status](/usc/10/101.md?p=d-4) may be credited with satisfactory service in the [grade](/usc/10/101.md?p=b-7) in which serving at the time of such transfer, notwithstanding failure of the [person](/usc/10/2700.md?p=2) to complete three years of service in that [grade](/usc/10/101.md?p=b-7).
  - (5) **Adjutants and assistant adjutants general.—** If a [person](/usc/10/2700.md?p=2) covered by [paragraph (1)](#c-1) has completed at least six months of satisfactory service in [grade](/usc/10/101.md?p=b-7), the [person](/usc/10/2700.md?p=2) was serving in that [grade](/usc/10/101.md?p=b-7) while serving in a position of adjutant general required under [section 314 of title 32](/usc/32/314.md) or while serving in a position of assistant adjutant general subordinate to such a position of adjutant general, and the [person](/usc/10/2700.md?p=2) has failed to complete three years of service in that [grade](/usc/10/101.md?p=b-7) solely because the [person](/usc/10/2700.md?p=2)’s appointment to such position has been terminated or vacated as described in [section 324(b)](/usc/32/324.md?p=b) of such title, the [person](/usc/10/2700.md?p=2) may be credited with satisfactory service in that [grade](/usc/10/101.md?p=b-7), notwithstanding the failure of the [person](/usc/10/2700.md?p=2) to complete three years of service in that [grade](/usc/10/101.md?p=b-7).
  - (6) **Officers recommended for promotion serving in certain grade before promotion.—** To the extent authorized 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, a [person](/usc/10/2700.md?p=2) who, after having been recommended for promotion in a report of a promotion board but before being promoted to the recommended [grade](/usc/10/101.md?p=b-7), served in a position for which that [grade](/usc/10/101.md?p=b-7) is the minimum authorized [grade](/usc/10/101.md?p=b-7) may be credited for purposes of [paragraph (1)](#c-1) as having served in that [grade](/usc/10/101.md?p=b-7) for the period for which the [person](/usc/10/2700.md?p=2) served in that position while in the next lower [grade](/usc/10/101.md?p=b-7). The period credited may not include any period before the date on which the Senate provides advice and consent for the appointment of that [person](/usc/10/2700.md?p=2) in the recommended [grade](/usc/10/101.md?p=b-7).
  - (7) **Officers qualified for federal recognition serving in certain grade before appointment.—** To the extent authorized 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, a [person](/usc/10/2700.md?p=2) who, after having been found qualified for Federal recognition in a higher [grade](/usc/10/101.md?p=b-7) by a board under [section 307 of title 32](/usc/32/307.md), serves in a position for which that [grade](/usc/10/101.md?p=b-7) is the minimum authorized [grade](/usc/10/101.md?p=b-7) and is appointed as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) in that [grade](/usc/10/101.md?p=b-7) may be credited for the purposes of [paragraph (1)](#c-1) as having served in that [grade](/usc/10/101.md?p=b-7). The period of the service for which credit is afforded under the preceding sentence may be only the period for which the [person](/usc/10/2700.md?p=2) served in the position after the Senate provides advice and consent for the appointment.
  - (8) **Retirement in next lowest grade for officers not meeting service-in-grade requirements.—** A [person](/usc/10/2700.md?p=2) whose length of service in the highest [grade](/usc/10/101.md?p=b-7) held does not meet the service-in-[grade](/usc/10/101.md?p=b-7) requirements specified in this subsection shall be credited with satisfactory service in the next lower [grade](/usc/10/101.md?p=b-7) in which that [person](/usc/10/2700.md?p=2) served 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) for not less than six months.
- (d) **Officers in O–9 and O–10 Grades.—**
  - (1) **In general.—** A [person](/usc/10/2700.md?p=2) covered by this section in 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 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)](#d-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)](#d-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)](#d-1) who is eligible to be credited with service in a [grade](/usc/10/101.md?p=b-7) only by reason of the exercise of the authority in [subsection (c)(3)(C)](#c-3-C) to reduce the three-year service-in-[grade](/usc/10/101.md?p=b-7) requirement under [subsection (c)(1)](#c-1), the requirement for notification under [subsection (c)(3)(D)](#c-3-D) 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)](#d-1).
- (e) **Conditional Retirement Grade and Retirement for Officers Under Investigation for Misconduct or Pending Adverse Personnel Action.—** The retirement [grade](/usc/10/101.md?p=b-7), and retirement, of a [person](/usc/10/2700.md?p=2) 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](/usc/10/1370.md?p=d). In the application of such [section 1370(d)](/usc/10/1370.md?p=d) for purposes of this subsection, any reference to “[active duty](/usc/10/101.md?p=d-1)” shall be deemed not to apply, and any reference to a provision of [section 1370 of this title](/usc/10/1370.md) shall be deemed to be a reference to the analogous provision of this section.
- (f) **Final Retirement Grade Following Resolution of Pending Investigation or Adverse Action.—** The final retirement [grade](/usc/10/101.md?p=b-7) under this section of a [person](/usc/10/2700.md?p=2) described in [subsection (e)](#e) following resolution of the investigation or personnel action concerned is the final retirement [grade](/usc/10/101.md?p=b-7) provided for by [section 1370(e) of this title](/usc/10/1370.md?p=e). In the application of such [section 1370(e)](/usc/10/1370.md?p=e) for purposes of this subsection, any reference to a provision of [section 1370 of this title](/usc/10/1370.md) shall be deemed to be a reference to the analogous provision of this section. In the application of [paragraph (3)](/usc/10/1370.md) of such section 1370(e) for purposes of this subsection, the reference to “[chapter 71](/usc/10/chstA/ptII/ch71.md) of this title” shall be deemed to be a reference to “[chapter 1223](/usc/10/chstE/ptII/ch1223.md) of this title”.
- (g) **Finality of Retired Grade Determinations.—**
  - (1) **In general.—** Except for a conditional determination authorized by [subsection (e)](#e), a determination of the retired [grade](/usc/10/101.md?p=b-7) of a [person](/usc/10/2700.md?p=2) pursuant to this section is administratively final on the day the [person](/usc/10/2700.md?p=2) is retired, and may not be reopened.
  - (2) **Reopening.—** A determination of the retired [grade](/usc/10/101.md?p=b-7) of a [person](/usc/10/2700.md?p=2) may be reopened in accordance with applicable provisions of [section 1370(f) of this title](/usc/10/1370.md?p=f). In the application of such [section 1370(f)](/usc/10/1370.md?p=f) for purposes of this subsection, any reference to a provision of [section 1370 of this title](/usc/10/1370.md) shall be deemed to be a reference to the analogous provision of this section. In the application of [paragraph (7)](/usc/10/1370.md) of such section 1370(f) for purposes of this paragraph, the reference to “[chapter 71](/usc/10/chstA/ptII/ch71.md) of this title” shall be deemed to be a reference to “[chapter 1223](/usc/10/chstE/ptII/ch1223.md) of this title”.
- (h) **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.

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

2024—Subsec. (d)(1). Pub. L. 118–159, § 521(f)(2)(A), substituted “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), inserted “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”.