Public Law 119-73 (01/23/2026)

10 U.S.C. § 7341

General rule

(a)
(1)
section 1370 of this title The retired grade of a regular commissioned officer of the Army who retires other than for physical disability is determined under .
(2)
section 1370a of this title The retired grade of a reserve commissioned officer of the Army who retires other than for physical disability is determined under .
(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.

Aug. 10, 1956, ch. 104170A Stat. 230Pub. L. 96–513, title V, § 502(18)94 Stat. 2910Pub. L. 103–337, div. A, title XVI, § 1672(c)(2)108 Stat. 3015Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 115–232, div. A, title VIII, § 808(b)(13)132 Stat. 1839Pub. L. 116–283, div. A, title V, § 508(b)(2)134 Stat. 3585(, , § 3961; , , ; , , ; , title V, § 506(a)], , , 1654A–102; renumbered § 7341, , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

3961

10:941a(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

act Aug. 10, 1956, ch. 104170A Stat. 453Pub. L. 103–160, div. A, title VIII, § 824(a)(9)107 Stat. 1708A prior section 7341, , , related to authorized number of naval airplanes and lighter-than-air crafts, prior to repeal by , , .

Amendments

Pub. L. 116–283, § 508(b)(2)(A)section 1370 of this title2021—Subsec. (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 .”

Pub. L. 116–283, § 508(b)(2)(B)Subsec. (b). , substituted “the member” for “he” and “the member’s” for “his”.

Pub. L. 115–232section 3961 of this title2018— renumbered as this section.

Pub. L. 106–3982000—Subsec. (a). struck out “or for nonregular service under chapter 1223 of this title” before “, is determined”.

Pub. L. 103–3371994—Subsec. (a). substituted “chapter 1223” for “chapter 67”.

Pub. L. 96–5131980— 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 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 2000 Amendment

Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654

section 8961 of this title“The amendments made by subsections (a) and (b) [amending this section and ] 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 .”
, title V, § 506(c)], , , 1654A–102, provided that:

Effective Date of 1994 Amendment

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Effective Date of 1980 Amendment

Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .