Title 10Armed ForcesRelease 119-73not60

§1375 Entitlement to Commission: Commissioned Officers Advanced on Retired List

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 69— RETIRED GRADE › § 1375

Last updated Apr 3, 2026|Official source

Summary

When a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force is moved up on the retired list, they must be given a commission at the 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 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60