§12771 — Title 10 Armed Forces | U.S. Code

Summary

When a reserve commissioned officer (not a commissioned warrant officer) moves into the Retired Reserve, they must be put on the retired list at the highest rank they served well in, as the Secretary decides and under section 1370a, in the same service they were in when transferred, unless another law gives them a higher rank. If a retired commissioned officer is recalled to active duty in the Selected Reserve under section 10145(d) and completes at least 2 years there, their retired rank can be adjusted under section 1370a. The Secretary may shorten the 2-year rule to 1 year for officers recalled to certain adjutant general jobs under title 32 if they serve at least 1 year and leave early only because their appointment ended or was vacated as described in section 324(b) of title 32.

Title 10, §12771

Armed Forces — Source: USLM XML via OLRC

(a)Unless entitled to a higher grade under another provision of law, a reserve commissioned officer, other than a commissioned warrant officer, who is transferred to the Retired Reserve is entitled to be placed on the retired list established by section 12774(a) of this title in the highest grade in which he served satisfactorily, as determined by the Secretary concerned and in accordance with section 1370a of this title, in the armed force in which he is serving on the date of transfer.

(b)(1)If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to an adjustment in the retired grade of the member in the manner provided in section 1370a of this title.

(2)The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—

(A)is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;

(B)completes at least one year of service in such position; and

(C)fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 1374(b), (f) of this title, prior to repeal by Pub. L. 103–337, § 1662(k)(2).

Amendments

2021—Subsec. (a). Pub. L. 116–283, § 508(b)(5)(A), substituted “section 1370a of this title” for “section 1370(d)”. Subsec. (b)(1). Pub. L. 116–283, § 508(b)(5)(B), substituted “section 1370a” for “section 1370(d)”. 2009—Pub. L. 111–84 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12771 Reserve officers: grade on transfer to Retired Reserve