Title 10, Armed ForcesRelease 119-102
§1375 Entitlement to Commission: Commissioned Officers Advanced on Retired List
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 69 — RETIRED GRADE › § 1375
Summary
When a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force is moved up in rank on the retired list, they must be given the commission at that higher rank.
Full Legal Text
Title 10, §1375
Armed Forces, Source: USLM XML via OLRC
A commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is advanced on a retired list is entitled to a commission in the grade to which he is advanced.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 137510:1014.34:394.Mar. 4, 1911, ch. 266, 36 Stat. 1354. The words “has been or shall hereafter”, “by operation of or in accordance with law”, and “and shall receive” are omitted as surplusage. The words “in the grade to which he is advanced” are substituted for the words “in accordance with such advanced rank”.
Editorial Notes
Amendments
2021—Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.
Reference
Citations & Metadata
Citation
10 U.S.C. § 1375
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102