navy officer statutory service limits

Total points earned: 4400 L. 10665, div. Administrative boards are governed by Navy policy and include enlisted advancement boards and commanding officer screening boards. Whenever possible, eachofficer is given two below zone or "early looks" before going "in zone" for promotion. See 2013 Amendment note above. Next of kin requesting records must provide proof of death of the veteran (such as a copy of death certificate, letter from funeral home, or published obituary) and proof of kinship. (f). (k), (l). In case #2, the flow points increased by two years, making it likely that the LDO will reach the 30 year mandatory retirement point before being considered for CDR. (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. L. 110181, 502, designated existing provisions as par. (j). After receiving retired pay, future retirement pay is increased yearly by the Cost of Living Adjustment (COLA) to offset inflation. Written notice is preferred. If this is a retention tool, I can assure you that it will have the opposite effect, he said. (2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy. (c). Pub. 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. You may find out the status of your resignation request by contacting MyNavy Career Center online at https://my.navy.mil, via email at askmncc@navy.mil, or via telephone at 1-833-330-6622. Big Navy did publish guidance regarding the service-in-grade law change on its officer retirement laws website in May 2021, but one affected officer said the site is an obscure resource and he basically stumbled upon the guidance. Under current law, LDO LCDRs and below (including CWOs) must retire after thirty years combined enlisted and commissioned service. (b)(2). For Warrant Officers, 30 days must be served in grade to retire in that grade. A, title V, 501(a), Pub. Navy Reserve personnel must have completed a minimum of 20 years of qualifying service (earning a minimum of 50 points per anniversary year). For me to find out about the change four months after I submit my retirement request, and they come back and deny the request and cite this, thats shocking.. He duly put in for retirement in August 2021, aiming to end his time in uniform a year later. (Com) 901-874-MNCC (6622) (a). Subsec. L. 11281, div. This site and all referenced policy documents are publicly available. L. 114328, div. Subsec. A, title IV, 403(a), Nov. 5, 1990, 104 Stat. (k) and redesignated former subsec. DODI 1320.14 : Under alternative promotion authorities, Military Departments may accelerate or delay promotion opportunities for officers within certain competitive categories. The authority of the Secretary of a military department under paragraph (1) may not be delegated. (c). The total number of active-duty general or flag officers is capped at 218 for the Army, 149 for the Navy, 170 for the Air Force, 62 for the Marine Corps, and 21 for the Space Force. Prospective active duty officers must meet the requirements of 10 U.S.C. CONTINUATION 2013Subsec. Promotions from below zone are restricted to no more than 10 percent of the total authorizedpromotions. It turned out a law change in the fiscal year 2021 defense policy bill, which became law on Jan. 1, 2021, now required O-4s to serve three years at that rank, not two. A, title XVII, 1731(a)(17), 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. Geoff is a senior staff reporter for Military Times, focusing on the Navy. CWOsare grouped into the following competitive categories: Surface (71XX), Submarine (72XX/740X), Aviation (73XX), General Line/Staff (74XX/75XX)and Information Warfare (78XX). (c) as (b), struck out that are applicable on and after October 1, 1995 after limitations in subsection (a), and struck out former subsec. DoDI 1205.12, February . Three principal factors combine to determine the number of authorized promotions and, therefore, the number of officers that may be placed in zone: Title 10 U.S. Code, Chapter 1407 requires the following attrition actions: L. 11366, 501(a)(1), redesignated subsecs. 1457; Pub. L. 112239, div. 1996Subsec. Subsec. Navy Personnel Command is reviewing potential courses of action to address the matter for those who retired prior to the new lieutenant commander time in grade requirement being updated, Hecht said in an email. Final Pay: Entered service on or before September 7, 1980. (a)(4). Requirements are adjusted based on age and gender. L. 103160, div. Discuss your career with your CO and other officers, including senior LDOs or CWOs, and with your detailer. Navy Officer Statutory Service Limits Similar events with navy officer. 1667; Pub. Q1. endstream endobj 549 0 obj <. L. 102484, 403(a), added subsec. COMPETITIVE CATEGORIES FLOW POINT (FROM ENS) 0 10 16 22 18. The Defense Finance and Accounting Service publishes pay tables in the form of basic pay rates plus allowances. Subsec. Commander in the Navy may be referred to as an O-4. Subsec. 10 U.S. Code 633: Mandates retirement for O5s not on a promotion list to O6 after 28 years of active commissioned service, except for certain officers in the Navy or Marine Corps who are either limited duty officers or permanent professors at the United States Naval Academy. Waivers past age 62 are allowed for Navy Reserve officers in the Medical Corps, Dental Corps, Nurse Corps, Medical Service Corps (with certain subspecialties) and Chaplain Corps. training for enlisted service requirements to receive O-1E, O-2E, or O-3E basic pay rates. %PDF-1.6 % Hosted by Defense Media Activity - WEB.mil. A, title V, 506, Nov. 24, 2003, 117 Stat. 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. Normally, members can expect to be retired per their request. L. 116283, div. Control grade limitationsdirectly affect flow points, described below in detail. Before receiving a recommendation for promotion from commander to captain, the officer must have completed three years of service in the grade of commander, to satisfy the minimum time-in-grade requirement. Subsec. Present law (section 811(a) of Public Law 9579, as amended) provides that the authority to suspend the limitation on the number of general and flag officers who may be serving on active duty applies during war or national emergency. Changes in promotion flow points can very easilydetermine what an officer's "terminal grade" might be at retirement. Pub. L. 101510, div. L. 116283, div. At age 60, the member is eligible for a base pay of $4500 (assumed pay rate at age 60). Q4. This guidance, combined with Navy policy regarding promotion opportunity(percent opportunity for selection), form the basis for annual promotion plans. (b)(1). PERS-911 will notify all affected officers and provide information for requesting retention. 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. The base monthly pay for the rank of captain ranges from $8,796.90 for 10 years'. (d). 0 L. 11281, div. Both officers requested anonymity to speak freely and avoid retaliation from their command. LDO Case #2 (1), 160 for 216 in par. (3), and 60 for 81 in par. The total number of active duty general officers is capped at 231 for the Army, 62 for the Marine Corps, 198 for the Air Force, and 162 for the Navy. A, title V, 508(a)(1), Jan. 1, 2021, 134 Stat. (d). Pub. More significantly, the relevant Navy instruction, OPNAVINST 1811.3A, has not been updated and still states that two years in grade are required to voluntarily retire as an O-4. [9] To Grade Promotion Opportunity Flow Point (Avg) (Yrs Comm Svc) A, title V, 501(c)(3), Jan. 1, 2021, 134 Stat. L. 11692, div. An. (2). L. 116283, div. The, If the Secretary of a military department proposes an action that would increase above the, the statutory limit of general officers or flag officers of that armed force under subsection (a); or, the actual number of general officers or flag officers of that armed force who, as of. For members who are assigned under orders in a SELRES or VTU unit, the request must be endorsed by the unit commanding officer and the local Navy Reserve Activity. What are the time-in-grade requirements for officers? And according to two affected. However, to receive retired pay at age 60 (or anytime before age 62), members must request transfer to Retired Reserve Status and request to receive retired pay. 292, 293; Pub. Many of the policy documents are dozens of pages long, often with very detailed procedural instructions that are largely excluded from this resource. Please see the Reserve Officer Continuation webpage (on the left-side toolbar) for further details. YEAR GROUPS The example illustrated is that of an LDO with 13 yearsenlisted service at time of commissioning. SECNAV may continue permanent officers beyond their statutory retirement dates when shortages exist that cannot be filled through normal accession orpromotion processes. Pub. (e-mail) askmncc@navy.mil 532 for original appointments as "regular" commissioned officers. Above zoneselection opportunity is not limited by policy or law; however, each selection from above zone reduces the number that may be selected from in zone or below zone. 1716; Pub. To comply, DOD developed certain guidelines regarding promotion "flow points." Pub. 1387, provided that: Pub. Members will be sent reminders and paperwork to complete 6 to 9 months prior to their 60th birthday. Pub. Using the pay table in effect on the date that the member or former member reaches age 60, determine the basic pay based on the members grade and length of service. (e). (2), 208 for 279 in par. L. 11366, div. 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. The officer who continuallystrives for, and achieves, outstanding performance in all assignments can expect to have a satisfying and rewarding career. The officer limits Congress and services? Commanders: in an active status (USNR-R or USNR-S1) who are not on the promotion list to the next higher pay-grade will be transferred to the Retired Reserve, if qualified, or be honorably discharged from the Navy Reserve not later than the first day of the month following the month in which the officer completes 28 years of commissioned service. The United States Code explicitly limits the total number of general officers (termed flag officers in the Navy and Coast Guard) that may be on active duty at any given time. Pub. (a)(2). Pub. L. 116283, div. SECNAV may authorize a waiver of commissioned service of 10 years to 8 years as authorized by law. Note: Longevity continues to increase from pay entry base date until date of retired pay. L. 96513, set out as a note under section 611 of this title. Involuntary (Statutory) Retirements. L. 114328, set out as a note under section 111 of this title. L. 11692, div. A prior section 1370, Added Pub. He covered Iraq and Afghanistan extensively and was most recently a reporter at the Chicago Tribune. Member must submit an application before they can receive retired pay. Multiply the basic pay by the multiplier to get the monthly retirement pay. Such an important law change is usually accompanied by its own NAVADMIN letting members know about, the second affected officer said. L. 104106, 1503(a)(3)(C), (E), redesignated subsec. Giving notice on behalf of the employee by an appropriate officer in the uniformed Service member's chain of command. Pub. Pub. If one of the services wishes to alter its management of military officers, its ability to do so depends on what governs the specific activity. L. 11281, 502(b)(1)(B), substituted 73 for 76. However, there is a grandfathering clause in the law that requires members who attained 20 years of qualifying service before 26 April 2005 to serve their last six qualifying years in a Reserve Component. "Promotion zone", or "in zone", consists of those officers who have not previously been considered for promotion for the next higher grade and who are eligible for promotionby virtue of their relative seniority within their competitive category, based on lineal number, which is explained in Section 503. L. 11281, 502(c)(1), substituted 310 for 324. A, title V, 501(c), Dec. 26, 2013, 127 Stat. A prior section 526 was renumbered section 527 of this title. L. 109163, div. I dont think the services expect members to spend their time reading the (defense policy bill), the officer said. An LDO CAPT can serve to 38 years total active naval service. L. 104106, 1503(a)(3)(C), redesignated subsec. U.S. Code Title 10: Cornell Law School Legal Information Institute, DOD Policy: Washington Headquarters Services, Air Force Policy: Air Force e-Publishing Publications and Forms, Navy Policy: Department of the Navy Issuances, Marine Corps Policy: Marine Corps Publications Electronic Library. The member does not meet all of the requirements to retire. Per MILPERSMAN 1800-020, fiscal constraints limit the release of continental United States orders to no earlier than 6 months prior to the actual retirement date and no earlier than 9 months. L. 109163, 510, inserted ,and a general and flag officer position on the Joint Staff, after combatant commands. (1) to (3) and struck out former pars. hbbd```b``"H&70;DrA 8C FLm6a`$@g@ 1; In addition, the captain-selectee must have between 21 and 23 years of total military service before the O-6 selection board meets to . If the recalculation of the retired pay of an officer results in a decrease in retired pay, there shall be recouped from the officer the amount by which the amount of retired pay paid the officer for retirement in the officers conditional grade exceeded such decreased retired pay during the period beginning on the date of the retirement of the officer in such conditional grade and ending on the effective date of the change of the officers retired grade. If selected and promoted to CDR, it is possible for theindividual to remain on active duty to 35 years total active naval service, with an opportunity for selection to captain prior to statutory retirement after 38 yearstotal active naval service. Pub. (b)(2)(A). (d), (e). Planning for each fiscal year promotion plan begins in September and finalizes in mid-December. In the end, his last day at his command before embarking on terminal leave was last month, the same day he got his retirement orders that will see him leave the service as an O-3. Officers granted age 62 waivers must be separated no later than their 68th birthday. TOTAL YEARS OF SERVICE 17 20 24 30 If I have a question about reserve (non-regular) retirement, where do I look for information? Q3. A, title V, 502(a), (b), (f), (g), Feb. 10, 1996, 110 Stat. Chief Warrant Officers (CWO5) may remain in an active status until completion of 33 years qualifying service or age 62, whichever occurs first. 1374; Pub. Subsec. Prior to amendment, text read as follows: The total number of general officers on active duty in the Army, Air Force, and Marine Corps and flag officers on active duty in the Navy may not exceed 1,073.. 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. L. 108136 struck out par. L. 107314, div. (b)(1). Request records by submitting an SF-180 to: Navy Personnel Command L. 11366, div. In the case of an officer to be retired in a grade that is a general or flag officer grade, or an equivalent grade in the Space Force, who is eligible to retire in that grade only by reason of an exercise of the authority in paragraph (1) to reduce the service-in-grade requirement in that paragraph, or the authority in paragraph (3) to waive that requirement, the, 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 satisfactorily, as determined by the Secretary of the military department concerned or the, An officer 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 of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force under, include an up-to-date copy of the military biography of the officer; and. 1110. But I served as an O-4.. How will the Ukraine invasion shape industrial base policy? The Air Force has updated its retirement application process to advise officers of the law change and is currently coordinating updates to our regulatory guidance to reflect the changes, service spokeswoman Capt. L. 104106, div. 2876; amended Pub. Approximately one year after commissioning, precedence numbers (commonly referred to as "lineal numbers") are assigned to all ensigns. Pub. Can a retirement request ever be denied? FLOW POINT (FROM CWO2) 0 3 7 13 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. a. Pub. (a)(1) to (3). L. 107314, 405(c), substituted December 31, 2004 for October 1, 2002. programs offered at an independent public policy research organizationthe RAND Corporation. L. 11184, 502(f)(1), substituted Secretary of Defense for Chairman of the Joint Chiefs of Staff, 324 for 65, and 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 these designated positions. for Officers in positions so designated shall not be counted for the purposes of those limitations.. GRADE ENS LCDR CDR ** CAPT already exempt from USERRA 5-year cumulative service limit, that are necessary for the . (k). By the Secretary of the military department concerned, if the officer is serving in a grade at or below the grade of major general, rear admiral in the Navy, or the equivalent grade in the Space Force. Q2. This website contains accumulated information about the Defense Officer Personnel Management Act (DOPMA) and Reserve Officer Personnel Management Act (ROPMA) policies and practices. AFQ = All Fully Qualified Note: If otherwise eligible, members may remain in an active status until age 62. A, title V, 522, Nov. 5, 1990, 104 Stat. L. 108136, div. 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. A, title IV, 403(a), Pub. CWOs arenormally assigned precedence numbers within a few months after appointment. PERS-911 will notify all affected officers and provide information for requesting retention. Table 1 below lists the number of active duty officers in each pay grade. L. 104201, div. Navy Recruiting L. 104106, div. 1998Subsec. O-5 60-80% 15-17 Retirement law exempts from SER consideration those whose statutory retirement date falls within a certain time frame. In the case of an officer to be retired in a grade above the grade of colonel in the Army, Air Force, or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force, the service-in-grade requirement in paragraph (1) may not be reduced pursuant to that paragraph, or waived pursuant to paragraph (3), while the officer is under investigation for alleged misconduct or while there is pending the disposition of an adverse personnel action against the officer. (d) to (h) as (c) to (g), respectively. Pay grades are divided into three groups: [1] enlisted (E), warrant officer (W), and officer (O). L. 107314, 1041(a)(3), struck out heading and text of subsec. Title 10 U.S. Code, Chapter 1407 requires the following attrition actions: Note 1: If an officer is eligible for retirement on his/her 60th birthday, the officer must be approved for retention to remain in the Navy Reserve until age 62. There is no longer a legal requirement that the last 6 years of qualifying service be served in a reserve component. As officers approach the above attrition provisions, PERS-911 will forward correspondence with information about required separation or any options for continuation or retention. A, title X, 1066(a)(9), (b)(3), Oct. 5, 1999, 113 Stat. LDOs and CWOs may be continued if: (a)(1). L. 11781 and which relates to allowed increases in the number of certain officers. A, title V, 501(a), Pub. Subsec. FOIA Pub. L. 11184, 502(g)(2), added subsecs. Subsec. L. 9786, title VI, 602, Dec. 1, 1981, 95 Stat. Members must not be excluded from retired pay per one of the exclusionary provisions of 10 USC Chapter 1223. Q5. 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. A, title V, 502(b)(1), Pub. PROMOTION FLOW POINTS SERs are necessary to meet end-strength decreases and to reduce grade imbalances when required to downsize. L. 11692 inserted the before number of general officers. 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. Lieutenants: in an active status (USNR-R or USNR-S1) who twice fail of selection to LCDR and have completed the eight-year MSO will be transferred to the Retired Reserve, if qualified, or be honorably discharged from the Navy Reserve not later than the first day of the seventh month in which the President approves the report which considered the officer for the second time. If the applicable Secretary determines, pursuant to regulations prescribed by the, the Secretary of the military department concerned, in the case of an officer 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 the equivalent grade in the Space Force; or, shall notify the officer of the reopening; and. DoDI 1304.25, October 13, 2021 . L. 11184, 502(e), substituted 230 for 307 in par. I've compiled below the age requirements for all Navy Officer Programs for your convenience. The military services manage their officer corps with the primary goal of fulfilling roles and missions that support the national security strategy. You may request resignation through NSIPS or by using this format (Resignation Request) and submitting your signed request to Pers-911D, via email at, You may find out the status of your resignation request by contacting MyNavy Career Center online at. A Good Night's Sleep, What's It Worth to You? in the case of officers to be retired in a grade at or below the grade of major in the Army, Air Force, or Marine Corps, lieutenant commander in the Navy, or the equivalent grade in the Space Force, the number equal to two percent of the authorized active-duty strength for that fiscal year for officers of that armed force in that grade; in the case of officers to be retired in the grade of lieutenant colonel or colonel in the Army, Air Force, or Marine Corps, commander or captain in the Navy, or an equivalent grade in the Space Force, the number equal to four percent of the authorized active-duty strength for that fiscal year for officers of that armed force in the applicable grade; or.

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