§ 7342. Higher grade for service in special positions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 230, § 3962 · 70A Stat. 230

   Enacted · 10 U.S.C. § 7342

   Aug. 10, 1956, ch. 1041, 70A Stat. 230, § 3962

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 230, § 3962

2. 1958

   Pub. L. 85–861 § 1(99) · 72 Stat. 1437

   1. Redesignated · 10 U.S.C. § 7342(c); 10 U.S.C. § 7342(d)

      Pub. L. 85–861 redesignated former subsec. (d) as (c)

   2. Repealed · 10 U.S.C. § 7342(c); 10 U.S.C. § 7342(d)

      Pub. L. 85–861 repealed former subsec. (c) which related to retirement of commissioned officers who served as Director or Deputy Director of the Women’s Army Corps, Chief of the Army Nurse Corps, or Chief or assistant chief of the Women’s Medical Specialist Corps

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 85–861 redesignated former subsec. (d) as (c) and repealed former subsec. (c) which related to retirement of commissioned officers who served as Director or Deputy Director of the Women’s Army Corps, Chief of the Army Nurse Corps, or Chief or assistant chief of the Women’s Medical Specialist Corps.

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

3. 1965

   Pub. L. 89–288 § 2 · 79 Stat. 1050

   Added · 10 U.S.C. § 7342(a)

   Pub. L. 89–288 added the Surgeon General of the Army to the list of commissioned officers who may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–288 added the Surgeon General of the Army to the list of commissioned officers who may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list.

   Enacted provision · exact public law section
   Sec. 2. Section 3962 (a) of title 10, United States Code, is amended to read as follows: “(a) Upon retirement, a commissioned officer of the Regular Army who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Army, (3) as a senior member of the Military Staff Committee of the United Nations, (4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 3066 of this title, or (5) as Surgeon General of the Army in the grade of lieutenant general may, in the discretion of the President be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list.”

4. 1980

   Military Personnel and Compensation Amendments of 1980

   Pub. L. 96–343 § 13(a)(3) · 94 Stat. 1123

   Substituted · 10 U.S.C. § 7342

   Pub. L. 96–343, § 13(a)(3), substituted “positions” for “positions: regular commissioned officers” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 96–343, § 13(a)(3), substituted “positions” for “positions: regular commissioned officers” in section catchline.

   Enacted provision · exact public law section
   (3) The heading of section 3962 of such title is amended to read as follows: “§3962. Higher grade for service in special positions”.

5. 1980

   Military Personnel and Compensation Amendments of 1980

   Pub. L. 96–343 § 13(a)(1) · 94 Stat. 1123

   1. Substituted · 10 U.S.C. § 7342(a)

      Pub. L. 96–343, § 13(a)(1), substituted “Army who has” for “Regular Army who has”

   2. Substituted · 10 U.S.C. § 7342(a)

      Pub. L. 96–343, § 13(a)(1), substituted “in which he served on active duty” for “held by him at any time on the active list”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–343, § 13(a)(1), substituted “Army who has” for “Regular Army who has” and “in which he served on active duty” for “held by him at any time on the active list”.

   Enacted provision · exact public law section
   (1) Section 3962(a) of title 10, United States Code, relating to retirement in a higher grade for service in special positions, is amended by striking out “Regular” and by striking out “held by him at any time on the active list” and inserting in lieu thereof “in which he served on active duty”.

6. 1980

   Military Personnel and Compensation Amendments of 1980

   Pub. L. 96–343 § 13(a)(2) · 94 Stat. 1123

   Struck · 10 U.S.C. § 7342(b)

   Pub. L. 96–343, § 13(a)(2), struck out “Regular” before “Army”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–343, § 13(a)(2), struck out “Regular” before “Army”.

   Enacted provision · exact public law section
   (2) Section 3962(b) of such title is amended by striking out 10 USC 3962. “Regular”.

7. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 502(19)(A) · 94 Stat. 2835

   1. Amended · 10 U.S.C. § 7342(a)

      Pub. L. 96–513, § 502(19)(A), as amended by Pub. L. 97–22

   2. Struck · 10 U.S.C. § 7342(a)

      Pub. L. 96–513, § 502(19)(A), as struck out cl. (4) which had referred to service in a position of importance and responsibility designated by the President to carry out the grade of general or lieutenant general under section 3066 of this title

   3. Redesignated · 10 U.S.C. § 7342(a)

      Pub. L. 96–513, § 502(19)(A), as redesignated cl. (5) as (4)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–513, § 502(19)(A), as amended by Pub. L. 97–22, struck out cl. (4) which had referred to service in a position of importance and responsibility designated by the President to carry out the grade of general or lieutenant general under section 3066 of this title, and redesignated cl. (5) as (4).

   Enacted provision · exact public law section
   (A) by striking out “(4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title, or (5)” in subsection (a) and inserting in lieu thereof “or (4)”;

8. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 502(19)(B) · 94 Stat. 2835

   Redesignated · 10 U.S.C. § 7342(b)

   Pub. L. 96–513, § 502(19)(B), (C), redesignated subsec. (c) as (b). Former subsec. (b), which provided that, upon retirement, a commissioned officer of the Army who had served at least four years as chief or assistant chief of a branch was entitled to retire in the highest grade, prescribed for such an office, that he had held while so serving, was struck out

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–513, § 502(19)(B), (C), redesignated subsec. (c) as (b). Former subsec. (b), which provided that, upon retirement, a commissioned officer of the Army who had served at least four years as chief or assistant chief of a branch was entitled to retire in the highest grade, prescribed for such an office, that he had held while so serving, was struck out.

   Enacted provision · exact public law section
   (B) by striking out subsection (b); and

9. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 502(19)(C) · 94 Stat. 2835

   Redesignated · 10 U.S.C. § 7342(c)

   Pub. L. 96–513, § 502(19)(C), redesignated subsec. (c) as (b)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–513, § 502(19)(C), redesignated subsec. (c) as (b).

   Enacted provision · exact public law section
   (C) by redesignating subsection (c) as subsection (b).

10. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title V § 502(c) · 110 Stat. 186

    1. Amended · 10 U.S.C. § 7342

       Pub. L. 104–106 designated subsec. (b) as entire section

    2. Struck · 10 U.S.C. § 7342

       Pub. L. 104–106 struck out subsec. (a) which read as follows: “Upon retirement, a commissioned officer of the Army who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Army, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) as Surgeon General of the Army in the grade of lieutenant general may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade in which he served on active duty.”

    Source evidence

    Code amendment note
    Pub. L. 104–106 designated subsec. (b) as entire section and struck out subsec. (a) which read as follows: “Upon retirement, a commissioned officer of the Army who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Army, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) as Surgeon General of the Army in the grade of lieutenant general may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade in which he served on active duty.”

    Enacted provision · exact public law section
    SEC. 502. RETIRED GRADE FOR OFFICERS IN GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL. (a) Applicability of Time-in-Grade Requirements.— Section 1370 of title 10, United States Code, is amended— (1) in subsection (a)(2)(A), by striking out “and below lieutenant general or vice admiral”; and (2) in the first sentence of subsection (d)(2)(B), as added effective October 1, 1996, by section 1641 of the Reserve Officer Personnel Management Act (title XVI of Public Law 103–337; 108 Stat. 2968), by striking out “and below lieutenant general or vice admiral”. (b) Retirement in Highest Grade Upon Certification of Satisfactory Service.— Subsection (c) of such section is amended to read as follows: “(c) Officers in O–9 and 0–10 Grades.— (1) An officer who is serving in or has served in the grade of general or admiral or lieutenant general or vice admiral may be retired in that grade under subsection (a) only after the Secretary of Defense certifies in writing to the President and Congress that the officer served on active duty satisfactorily in that grade. “(2) In the case of an officer covered by paragraph (1), the three-year service-in-grade requirement in paragraph (2)(A) of subsection (a) may not be reduced or waived under that subsection— “(A) while the officer is under investigation for alleged misconduct; or “(B) while there is pending the disposition of an adverse personnel action against the officer for alleged misconduct.”, (c) Repeal Of Superseded Provisions.— Sections 3962(a), 5034, 5043(c), and 8962(a) of such title are repealed. (d) Technical and Clerical Amendments.— (1) Sections 3962(b) and 8962(b) of such title are amended by striking out “(b) Upon” and inserting in lieu thereof “Upon”. (2) The table of sections at the beginning of chapter 505 of such title is amended by striking out the item relating to section 5034. (e) Effective Date for Amendment to Provision Taking Effect in 1996.— 10 USC 1370 note. The amendment made by subsection (a)(2) shall take effect on October 1, 1996, immediately after subsection (d) of section 1370 of title 10, United States Code, takes effect under section 1691(b)(1) of the Reserve Officer Personnel Management Act (108 Stat. 3026). (f) Preservation of Applicability of Limitation.— Section 1370(a)(2)(C) of title 10, United States Code, is amended by striking out “The number of officers in an armed force in a grade” and inserting in lieu thereof “In the case of a grade below the grade of lieutenant general or vice admiral, the number of members of one of the armed forces in that grade”. (g) Stylistic Amendments.— Section 1370 of title 10, United States Code, is further amended— (1) in subsection (a), by striking out “(a)(1)” and inserting in lieu thereof “(a) Rule for Retirement in Highest Grade Held Satisfactorily.—(1)”; (2) in subsection (b), by inserting “Retirement in Next Lower Grade.—” after “(b)”; and (3) in subsection (d), as added effective October 1, 1996, by section 1641 of the Reserve Officer Personnel Management Act (title XVI of Public Law 103–337; 108 Stat. 2968), by striking out “(d)(1)” and inserting in lieu thereof “(d) Reserve Officers.—(1)”.

11. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 808(b)(13) · 132 Stat. 1636

    Changed · 10 U.S.C. § 7342

    Pub. L. 115–232 renumbered section 3962 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 3962 of this title as this section.

    Enacted provision · exact public law section
    (13) Chapter 369.— Sections 3961, 3962, 3963, 3964, 3965, and 3966 are redesignated as sections 7341, 7342, 7343, 7344, 7345, and 7346, respectively.

    Effective date note
    Amendment 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.

15 of 16 references resolved to an enrolled provision · 1 partial