Title 10 — Armed ForcesRelease 119-73
§7341 General rule
Title 10 › Subtitle Subtitle B— - Army › Part PART II— - PERSONNEL › Chapter CHAPTER 743— - RETIRED GRADE › § 7341
Summary
Regular Army officers who retire for reasons other than a physical disability retire in the rank set by section 1370. Reserve officers who retire not because of a physical disability use section 1370a to determine their retired rank. Others retire in the rank they hold on their retirement date unless another law grants a higher retired rank.
Full Legal Text
Title 10, §7341
Armed Forces — Source: USLM XML via OLRC
(a)(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.
(2)The retired grade of a reserve commissioned officer of the Army who retires other than for physical disability is determined under section 1370a of this title.
(b)Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that the member holds on the date of the member’s retirement.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 396110:941a(a)(3) (31st through 42d words; and proviso, as applicable to retired grade).10:941a(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade).10:947a (last 11 words).10:1025.Aug. 7, 1947, ch. 512, §§ 514(a)(3) (31st through 42d words; and proviso, as applicable to retired grade), 514(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade), 61 Stat. 893, 902. 10:1026 (proviso).Feb. 14, 1885, ch. 67 (43d through 53d words); restated Sept. 30, 1890, ch. 1125 (43d through 53d words), 26 Stat. 504. R.S. 1254.
June 3, 1916, ch. 134, § 4c (proviso); added
June 29, 1945, ch. 197 (proviso); restated Aug. 7, 1947, ch. 512, § 513(c) (proviso), 61 Stat. 902. The applicability of the rule stated in the revised section to situations not expressly covered by the laws named in the source credits above is necessarily implied from laws providing for retirement in higher grade in those situations.
Editorial Notes
Prior Provisions
A prior section 7341, act Aug. 10, 1956, ch. 1041, 70A Stat. 453, related to authorized number of naval airplanes and lighter-than-air crafts, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(9), Nov. 30, 1993, 107 Stat. 1708.
Amendments
2021—Subsec. (a). Pub. L. 116–283, § 508(b)(2)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: “The retired grade of a regular commissioned officer of the Army who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Army who retires other than for physical disability, is determined under section 1370 of this title.” Subsec. (b). Pub. L. 116–283, § 508(b)(2)(B), substituted “the member” for “he” and “the member’s” for “his”. 2018—Pub. L. 115–232 renumbered section 3961 of this title as this section. 2000—Subsec. (a). Pub. L. 106–398 struck out “or for nonregular service under chapter 1223 of this title” before “, is determined”. 1994—Subsec. (a). Pub. L. 103–337 substituted “chapter 1223” for “chapter 67”. 1980—Pub. L. 96–513 added subsec. (a), designated existing provisions as subsec. (b), and inserted “not covered by subsection (a)” after “Regular or Reserve of the Army”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
Amendments
and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date
of 2000 Amendment Pub. L. 106–398, § 1 [[div. A], title V, § 506(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102, provided that: “The
Amendments
made by subsections (a) and (b) [amending this section and section 8961 of this title] shall apply to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of title 10, United States Code, or having been found qualified for Federal recognition in a higher grade under chapter 3 of title 32, United States Code, after October 1, 1996.”
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an
Effective Date
note under section 10001 of this title.
Effective Date
of 1980 AmendmentAmendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 7341
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73