But the little-publicized law change has muddied this process for some O-4s. Veterans Crisis Line This resource was developed by researchers at the RAND Corporation in the fall of 2010 and updated in spring 2021. L. 11184, 502(e), substituted 230 for 307 in par. The member does not meet all of the requirements to retire. I've compiled below the age requirements for all Navy Officer Programs for your convenience. Promotion zones for the upcoming fiscal year are announced annually(December) in an ALNAV with the subject of "NOTICE OF CONVENING FY-XX PROMOTION SELECTION BOARDS". Both officers requested anonymity to speak freely and avoid retaliation from their command. cumulative service limit or to extend individuals in repeated statutory tours. (g), (h). It affects a very small number of people, but that doesnt make it okay, one officer said. Pub. Members must not be eligible for and receiving any other retired or retainer pay. Comments or Suggestions about this website? obligated service for an officer in accordance with Section 651 of Title 10, U.S.C., is the greater of: (C) Assignment of an officer other than a general or flag officer as the military executive to the Reserve Forces Policy Board.. In addition, the captain-selectee must have between 21 and 23 years of total military service before the O-6 selection board meets to . Q2. He covered Iraq and Afghanistan extensively and was most recently a reporter at the Chicago Tribune. (k). Service Requirements underthe Promotion Page provides minimum time-in-grade requirements for both voluntary and involuntary retirements. L. 104106, 1503(a)(3)(B)(D), redesignated subsec. Pub. L. 11281, 502(b)(1)(A)(i), substituted 231 for 230. (a) Limitations.-The number of general officers on active duty in the Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, after December 31, 2022, may not exceed the number specified for the armed force concerned as follows: (1) For the Army, 220. TOTAL YEARS OF SERVICE 13 24 **30 As such, promotions into these grades are driven solely by requirements -- the fewer vacancies, the fewer promotions. L. 11281, div. Pub. 3574. (h), (i). (2) For the Navy, 151. L. 11281, 502(b)(1)(A)(ii), which directed substitution of 161 for 160, could not be executed because of the intervening amendment by Pub. A, title V, 501(a), Pub. L. 112239. After receiving retired pay, future retirement pay is increased yearly by the Cost of Living Adjustment (COLA) to offset inflation. Multiply the basic pay by the multiplier to get the monthly retirement pay. 1980 Pub. Pub. L. 112239 substituted 162 for 160. For specific information regarding eligibility for retention or continuation please visit the Reserve Officer Continuation page. Subsec. As of this week, 61 Navy O-4s denied retirement under the law change have received waivers to retire at the next lower rank, while nine others decided to withdraw their retirement request and serve the third year, according to Chief of Naval Personnel spokesman Capt. L. 108136 struck out par. If selected and promoted to CWO5, it is possible for the individualto remain on active duty to 33 years total active naval service. Pub. For involuntary requests (i.e., due to attrition provisions of law, age restrictions or certain physical disabilities), the time-in-grade requirement for all ranks is six months. L. 110417, 503(c), substituted 65 for 12. (3) For the Air Force, 187. - Alphabetically A, title V, 508(a)(1), Pub. (d), (e). GRADE ENS LCDR CDR CAPT Comments or Suggestions about this website? Every promotion message since the law change references the same instruction, which has not yet been updated to reflect the change in law, he added. Some newly retired sailors pay and Tricare benefits affected by technical glitches, CNP: Removing photos from promotion boards has hurt diversity, Navy reveals five design options for new national museum, Ukraine rejects Iraqi offer to mediate talks with Russia, Fog on Georgia runway when ex-SEALs plane crashed, report says, Chinese ministers tour underscores closer ties with Russia, Watch issues led to near-collision in San Diego, report finds, An insider attack retold and AARGM program continues | Defense News Weekly Full Episode 4.14.2023, The land of not quite right: Veteran recalls insider attack. (3) Warrant officers of the Navy who request retirement after completing at least 20 years of active service under Pub. SECNAV convening orders identify minimum vacancy shortfalls by designator, but no quotas are assigned by individual designator. The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for training or who is on active duty under a call or order specifying a period of less than 180 days. For Warrant Officers, 30 days must be served in grade to retire in that grade. Whenever any such increase is made, the Secretary shall make a corresponding reduction in the number of such officers that may serve on active duty in general or flag officer grades in one of the other armed forces.. Final Pay Basic pay is based on the year of service the member begins to receive retired pay. Combating propaganda: Information warfare in the sea services, US sails warship through Taiwan Strait after Chinas drills, U.S. A common misperception is that year groups have a direct bearing on promotions. There are legal, medical, or other reasons, which may delay processing. A, title V, 508(d), Pub. Pub. L. 11692, div. L. 102484, 403(b), inserted heading. L. 11366, 501(b)(2), added subsec. - Acceptance date (if other than date of rank) Statutory limits The U.S. Code of law explicitly limits the total number of four-star officers that may be on active duty at any given time. Can I be retained/continued in an active status past the attrition provision limits? Twenty years or more: warrant officers. Although not common, it is possible for LDOs and CWOs to be continued beyond their statutory retirement dates under unusual circumstances. L. 104106, 1503(a)(3)(C), redesignated subsec. Site Map, Privacy Policy In codifying the limitation (in section 526 of title 10 as proposed to be added by section 1(b) of the bill), the committee determined that the same war and emergency waiver authority as applies to other limitations on the number of officers on active duty under the existing 10 U.S.C. (2) and redesignated former par. All officers must fulfill obligated service requirements for education programs, etc., and comply with DOD/SECNAV area tour requirements. Geoff is a senior staff reporter for Military Times, focusing on the Navy. Drawing upon decades of experience, RAND provides research services, systematic analysis, and innovative thinking to a global clientele that includes government agencies, foundations, and private-sector firms. in the grade of major general or rear admiral may not exceed 144. Retirement Calculations. L. 116283, div. Pub. The Secretary of Defense shall allocate those exclusions to the armed forces based on the number of general or flag officers required from each armed force for assignment to . 568 0 obj <>stream Retirement law exempts from SER consideration those whose statutory retirement date falls within a certain time frame. L. 116283 substituted 19 for 20. It is important to know your statutory retirement date, especially since the Selective Early CWO4 *As announced *7 When commissioned, you incur an eight-year Military Service Obligation (MSO). This site and all referenced policy documents are publicly available. L. 114-92, 504(b)(1), substituted . Pub. Pub. The promotion plan is initiated by the applicable officer community manager (i.e., LDO and CWO Community Manager) and is forwarded through the chain of command to theChief of Naval Operations, and ultimately to the Secretary of the Navy for approval. 1999Subsec. 4434, provided that: in the grade of general or admiral may not exceed 19; in a grade above the grade of major general or rear admiral may not exceed 68; and. Such an important law change is usually accompanied by its own NAVADMIN letting members know about, the second affected officer said. 18. The Pardee RAND Graduate School (PardeeRAND.edu) is home to the only Ph.D. and M.Phil. 12.22 years x 2.5% multiplier = 30.56 retirement percentage, 30.56 x $4,500 = $1375 monthly retirement pay (pre-tax), An official website of the United States government, All Hands Magazine is produced by the Defense Media Activity for U.S. Navy Office of Information. A, title IV, 405(c), Pub. L. 114328, set out as a note under section 111 of this title. 526 (redesignated as 10 U.S.C. LDO Case #1 A Good Night's Sleep, What's It Worth to You? 1992Subsec. The authority of the President under this paragraph may not be delegated. Changing a law requires Congressional and Presidential action, typically a lengthy process. Once promoted, there are certain obligated service requirements that individuals must meet to be retirement eligible. 770, 772; Pub. 2 . To comply, DOD developed certain guidelines regarding promotion "flow points." For members of the active component, the service obligation is a period of active duty; for members of a . Pub. 1998Subsec. L. 96107, title VIII, 817, Nov. 9, 1979, 93 Stat. The base monthly pay for the rank of captain ranges from $8,796.90 for 10 years'. training for enlisted service requirements to receive O-1E, O-2E, or O-3E basic pay rates. A, title V, 509(a), Pub. Table 1 below lists the number of active duty officers in each pay grade. You are not automatically discharged when your MSO expires. CWO5, Lieutenant Commander, Commander and Captain are "control grades" -- the number that the Navy can have in each of these grades is set by law and cannotbe exceeded. A commission is indefinite, unless you resign your commission or are discharged by board action. If this is a retention tool, I can assure you that it will have the opposite effect, he said. - 6XX0 - LDO: Captain: First day of second month after 38 years total active naval service. (2). (b) Navigators and Naval Flight Officers. CWO4/below: First day of third month after 30 yearstotal active service, or first day of seventh month after failure of selection for next higher grade for second time, whichever occurs first. In the case of an officer under paragraph (1) to whom a reduction in the service-in-grade requirement under subsection (b)(1) or waiver under subsection (b)(3) applies, the requirement for notification under subsection (b)(6) is satisfied if the notification is included in the certification submitted by the. (c). 1374; Pub. Giving notice on behalf of the employee by an appropriate officer in the uniformed Service member's chain of command. For both Final Pay and High-3, these steps calculate the retirement pay: Convert the points earned to the equivalent years of service, including fractions. L. 11366, div. - Date of birth L. 11781, div. A, title V, 508(d), Dec. 23, 2016, 130 Stat. However, oncepromoted to CDR, the maximum tenure allowed by law for an LDO is 35 years total active naval service, or twice failing of selection for promotion to CAPT,whichever occurs first. Hosted by Defense Media Activity - WEB.mil. Pub. Subsec. - 7XX1 - CWO: CWO5: First day of third month after 33 years total active service. Changing a law requires Congressional and Presidential action, typically a lengthy process. DoD 7000.14-R, Financial Management Regulation (FMR) Volume 7A, Chapter 35, DoD 7000.14-R, Financial Management Regulation (FMR) Volume 7B, Chapter 7, Navy Standard Integrated Personnel System, Hosted by Defense Media Activity - WEB.mil. (1) An officer of the Navy or Marine Corps who is an officer designated for limited duty to whom section 8146 (e) or 8372 of this title applies. Non-archival records are subject to access restricted to the military veteran or the surviving next of kin. Drill pay (SELRES) members who have completed 15 or more years of qualifying service and are no longer physically qualified for Navy service also are eligible to receive retired pay at age 60. Subsec. Pub. 818; Pub. (b)(2)(A). A, title V, 502(a), Pub. Stalled in Ukraine, Kremlin Increasingly Turns to Political Theater, Devices and Data: The Information We Share, Helping Coastal Communities Plan for Climate Change, Measuring Wellbeing to Help Communities Thrive, Assessing and Articulating the Wider Benefits of Research, Cornell Law School Legal Information Institute, Air Force e-Publishing Publications and Forms, Marine Corps Publications Electronic Library, Active Duty List and Reserve Active Status List. [1] HYT is applicable to enlisted of all six military branches of the United States. Subsec. The other services have or are in the process of changing their guidance to reflect the law change, according to officials. A, title V, 501(c)(2), Pub. Subsec. L. 11281, as amended, set out as a note under section 525 of this title. Commanding Officers and Officers-in-Charge (OIC). 1996Subsec. A reserve officer, or an officer appointed to a position under, in the case of an officer to be retired in a grade at or below the grade of major general in the Army, Air Force, or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force, the. 2013Subsec. (DSN) 882.6622 Receipt of the letter may take on the order of six months. L. 106398, 1 [[div. Subsec. WO1 to CWO2 - Refer to SECNAVINST 1412.8 (Series) The summaries of law and policy are meant to reflect how the officer corps is generally managed and are not meant to provide precise legal interpretations. Dave Hecht. A, title V, 504(c), Pub. O-2 AFQ 2 Treating people in this manner creates distrust within the organization, not just with those directly affected.. Subject to subsection (c), the President may waive the application of the service-in-grade requirement in paragraph (1) to officers covered by that paragraph in individual cases involving extreme hardship or exceptional or unusual circumstances. Q3. L. 96342, title X, 1003, Sept. 8, 1980, 94 Stat. L. 110181, 1824(c), substituted 15 general and flag officer positions in for 10 general and flag officer positions on the staffs of the commanders of. An officer described in paragraph (1) whose length of service in the highest grade held by the officer while on active duty does not meet the period of the service-in-grade requirement applicable to the officer under this subsection shall, subject to subsection (c), be retired in the next lower grade in which the officer served on active duty Commander in the Navy may be referred to as an O-4. The menu at the left appears on each page. FLOW POINT 0 11 17 N/A L. 11366, div. (j). (b)(3). hb```,@(`4*/`` 0& Vu!q}b{ 0 0pX)y4\ xm##i>`c`4sV.H904ie q8 : hP Opting to retire at O-3 instead of O-4 wont affect these officers retirement pay, as the high-3 pay calculation is based on a retiring members pay during their last three years of service, Hecht said. Admiral ranks above vice admiral and below fleet admiral in the Navy; the Coast Guard and the Public Health Service do not have an established grade above admiral. It describes the laws and policies that affect various aspects of active and reserve component officer personnel management. A, title V, 561(d), Nov. 30, 1993, 107 Stat. CWOsare grouped into the following competitive categories: Surface (71XX), Submarine (72XX/740X), Aviation (73XX), General Line/Staff (74XX/75XX)and Information Warfare (78XX). L. 101510, div. (e). (d). Limited Duty Officers assigned to off ramp designators do not compete for control grade promotions. Not later than 30 days after determining to raise or lower a number specified in paragraph (2), the, The Chairman of the Joint Chiefs of Staff may designate up to 15 general and flag officer positions in the unified and specified combatant commands, and up to three general and flag officer positions on the, A reserve component officer serving in a position designated under subparagraph (A) while on active duty under a call or order to active duty that does not specify a period of 180 days or less shall not be counted for the purposes of the limitations under subsection (a) and under, the Chairman of the Joint Chiefs of Staff may submit to the, Whenever the Secretaries of the military departments are required to submit the names of officers under subparagraph (C)(i), the Chairman of the Joint Chiefs of Staff shall submit to the, Subparagraph (B) does not apply in the case of an officer serving in a position designated under subparagraph (A) if the. A commission is indefinite, unless you resign your commission or are discharged by board action. The Secretary concerned may, upon the warrant officer's request, retire a warrant officer of any armed force under his . In the meantime, (Navy Personnel Command) is approving next lower grade waivers for those officers who, due to no fault of their own, ended up with an additional year of time-in-grade requirement in accordance with NDAA-21 and wish to retire even though it means retirement at a lower grade.. T. ABLE OF . Involuntary (Statutory) Retirements. the numbers of general officers and flag officers who, as of January 1 of the calendar year in which the report is submitted, counted toward the service-specific limits of subsection (a); and. (e) as (d). (f). (b). . Pub. L. 110417, 525, substituted up to three general and flag officer positions for a general and flag officer position. MINIMUM SERVICE REQUIREMENTS This authority is slightly different from the waiver authority in the source law in that the suspension would expire 2 years after it takes effect or 1 year after the end of the war or national emergency, whichever occurs first, rather than upon termination of the war or emergency. L. 108136, div. Pub. However, once promoted to CDR, the maximum tenure allowed by law for an LDO is 35 years total active naval service, or twice failing of selection for promotion to CAPT, whichever occurs first. The other officer said hes currently awaiting a decision from Navy Personnel Command regarding his time-in-grade waiver request but said he would have made a different decision if he had known about the law change. The member has not completed time-in-grade requirements, and the processing is held in abeyance until resolved with the member. (i)(1) of section 526a of this title as added by section 501(b) of Pub. 2533; Pub. The number of general officers on active duty in the Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the armed force concerned as follows: Limited Exclusion for Joint Duty Requirements., The number excluded under paragraph (1) and serving in positions designated under that paragraph, Whenever a vacancy occurs, or is anticipated to occur, in a position designated under subparagraph (A), Exclusion of Certain Officers Pending Separation or Retirement or Between Senior Positions., Exclusion of Attending Physician to the Congress., Temporary Exclusion for Assignment to Certain Temporary Billets., Exclusion of Officers Departing From Joint Duty Assignments., For purposes of paragraph (1), the term , Annual Report on General Officer and Flag Officer Numbers., Transfer of Authorizations Among the Military Services., The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the, Construction of Decrease as Applying to Generals, Reservation of portion of increase in joint duty assignments excluded from limitation., Pub. 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