Changing a law requires Congressional and Presidential action, typically a lengthy process. L. 116283, div. The authority of the Secretary of a military department under paragraph (1) may not be delegated. 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. Not later than 30 days after determining to raise or lower a number specified in paragraph (2), the, The Chairman of the Joint Chiefs of Staff may designate up to 15 general and flag officer positions in the unified and specified combatant commands, and up to three general and flag officer positions on the, A reserve component officer serving in a position designated under subparagraph (A) while on active duty under a call or order to active duty that does not specify a period of 180 days or less shall not be counted for the purposes of the limitations under subsection (a) and under, the Chairman of the Joint Chiefs of Staff may submit to the, Whenever the Secretaries of the military departments are required to submit the names of officers under subparagraph (C)(i), the Chairman of the Joint Chiefs of Staff shall submit to the, Subparagraph (B) does not apply in the case of an officer serving in a position designated under subparagraph (A) if the. Pub. No more than about 25% of a service's active duty general or flag . DODI 1320.14 : Under alternative promotion authorities, Military Departments may accelerate or delay promotion opportunities for officers within certain competitive categories. CWO4/below: First day of third month after 30 yearstotal active service, or first day of seventh month after failure of selection for next higher grade for second time, whichever occurs first. (e). Title 10 US Code, Section 6323, which requires a minimum of 10 years of commissioned time, is only applicable to members earning active duty retirements. Editorial Notes Amendments. O-4 70-90% 9-11 Policy for officer statutory boards is dictated by SECNAVINST 1401.3A and must meet requirements set down in U.S. Code, Title 10. If you anticipate reaching HYT (Enlisted) or Statutory Limits (Officer) at 20 years of service, you should be especially mindful of your Qualifying Years compared to Years of Service. The promotion plan is initiated by the applicable officer community manager (i.e., LDO and CWO Community Manager) and is forwarded through the chain of command to theChief of Naval Operations, and ultimately to the Secretary of the Navy for approval. By law, an LDO must complete 10 years of commissioned service to retire as an officer or complete the initial four year obligation after acceptingappointment if requesting reversion to separate from active service. L. 101510, div. The key to success on the job and when being considered by promotion boards is sustained superior performance in a varietyof challenging assignments -- the same criteria that got the LDO or CWO selected in the first place. Pub. 2019Subsec. The authority of the. What is the status of my retirement request? L. 110417, 503(c), substituted 65 for 12. 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. Whenever possible, eachofficer is given two below zone or "early looks" before going "in zone" for promotion. Geoff is a senior staff reporter for Military Times, focusing on the Navy. L. 11281, div. A common misperception is that year groups have a direct bearing on promotions. I've compiled below the age requirements for all Navy Officer Programs for your convenience. 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. A, title V, 508(d), Pub. O-5 60-80% 15-17 The following illustrates an example of how flow points can affect a CWO's career progression. Written notice is preferred. Pub. "Above zone" refers to those officers who have previously been considered for promotion to the next higher grade by a selection board, but were not selected. A, title V, 501(c)(3), Jan. 1, 2021, 134 Stat. National Domestic Violence Hotline The Army has approved time-in-grade waivers for 38 officers who had two years at the O-4 rank and had been approved prior to the law change taking effect, Tomko said. But I served as an O-4.. If a mistake of law or calculation was made in the determination of the retired grade. See Figure 1. If, at any time, the actual number of general officers and flag officers in joint duty assignments counted toward the statutory limit under subsection (b)(1) exceeds such statutory limit, then no increase described in paragraph (1) may occur until the number of general officers and flag officers in joint duty assignments is reduced below such statutory limit. Drill pay (SELRES) members who have completed 15 or more years of qualifying service and are no longer physically qualified for Navy service also are eligible to receive retired pay at age 60. 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. Each page has links to U.S. Code, DoD directives and instructions, and service policy documents. 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. Text read as follows: (1) Not later than 60 days before an action specified in paragraph (2) may become effective, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report providing notice of the intended action and an analytically based justification for the intended action. 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. L. 110417, 503(a), substituted 307 for 302. Pub. L. 112239, div. - Alphabetically (h) and (i). Many LDOs expect year groups to go into promotion zones as a whole, but that has not been thecase for several years. Pub. The maximum age for all officers (O6 and below) is 62, effective 17 October 2006. This site and all referenced policy documents are publicly available. 2021Subsec. Other services have also been impacted by the law change, but it remains unclear whether their efforts were more effective than the Navys. As indicated above, control grade limitations dictate actual flow points; the individualhas no control over flow point fluctuation. These are sourced from official Navy publications in Fiscal Year 2023. . Pub. programs offered at an independent public policy research organizationthe RAND Corporation. All officers must fulfill obligated service requirements for education programs, etc., and comply with DOD/SECNAV area tour requirements. Commander in the Navy may be referred to as an O-4. In this case, LDOs must serve a minimum of six months in grade and CWOs a minimum of 1 day in grade. To comply, DOD developed certain guidelines regarding promotion "flow points." L. 109163, 503(b)(2), substituted Certain Reserve Officers for Certain Officers in heading. In some circumstances LDOs/CWOs may be directed to revert to their former enlisted statusand then separate or retire, in cases where punitive or administrative action were determined. training for enlisted service requirements to receive O-1E, O-2E, or O-3E basic pay rates. REVERT AND RETIRE A, title V, 502(c)(2), Pub. One of the community manager's top prioritiesis to maintain flow points and percent of opportunity within certain guidelines. GRADE ENS LCDR CDR ** CAPT Each LDO/CWO category has its own retirement laws; MILPERSMAN 1800-1899 provides details. (c). The request must be forwarded to PERS-911 through the member's chain of command for endorsement. Pub. (e). Pub. PROMOTION FLOW POINTS reaches the statutory age for enlistment, unless the enlistment contract was voided or invalidated . 2109; Pub. The mailing address is on the form. (e). Changing a service policy practice can happen much more quickly. 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. SECNAV may authorize a waiver of commissioned service of 10 years to 8 years as authorized by law. Officers eligible to request a waiver will be notified by PERS-911 around their 61st birthday. Anyone retiring from the military knows that the process is often a years-long, carefully calibrated effort to line up new work, a new home and other necessities. L. 11781 and which relates to allowed increases in the number of certain officers. 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. /content/admin/rand-header/jcr:content/par/header/reports, /content/admin/rand-header/jcr:content/par/header/blogPosts, /content/admin/rand-header/jcr:content/par/header/multimedia, /content/admin/rand-header/jcr:content/par/header/caseStudies, Getting Students to and Through Advanced Math. - Percentile number An LDO CAPT can serve to 38 years total active naval service. But the little-publicized law change has muddied this process for some O-4s. Please see the Reserve Officer Continuation webpage (on the left-side toolbar) for further details. L. 11281, 502(b)(1)(A)(i), substituted 231 for 230. 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 . This option is seldom required. SECNAV may continue permanent officers beyond their statutory retirement dates when shortages exist that cannot be filled through normal accession orpromotion processes. (d), (e). The Army is also in the process of updating is regulation covering such matters but has reached out to its component retirement sections to make them aware of the change, according to spokeswoman Maj. Angel Tomko. Officer management occurs within a framework of law, policy, and practice. L. 11591, div. Q8. (1) An officer of the Navy or Marine Corps who is an officer designated for limited duty to whom section 8146 (e) or 8372 of this title applies. Pub. A, title X, 1066(a)(9), (b)(3), Oct. 5, 1999, 113 Stat. L. 105261, div. (a)(1) to (3). L. 104106, 1503(a)(3)(C), redesignated subsec. (3) For the Air Force, 326 before October 1, 1995, and 279 on and after that date.. 1374; Pub. (c). If the determination of the retired grade of an officer whose retired grade was provided for pursuant to subsection (c) is reopened, the, in the case of an officer whose retired grade is to be changed to 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, by the President, by and with the advice and consent of the, If the final retired grade of an officer is changed through the reopening of the officers retired grade under this subsection, the retired pay of the officer under, In the determination of the retired grade of a commissioned officer of the Armed Forces entitled to retired pay under, Retirement in Highest Grade in Which Served Satisfactorily.. LDO Case #1 A, title V, 509(a), (b), Dec. 20, 2019, 133 Stat. 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