Officer Transfers and Discharges - Army Publishing Directorate ...
Officer Transfers and Discharges - Army Publishing Directorate ...
Officer Transfers and Discharges - Army Publishing Directorate ...
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Chapter 6<br />
Retirements<br />
Section I<br />
Overview<br />
6–1. The officer retirement program<br />
a. This chapter applies to nondisability retirement of ADL commissioned <strong>and</strong> warrant officers on AD to include<br />
AGR commissioned <strong>and</strong> warrant officers who have 20 years or more of AFS.<br />
b. A commissioned officer, in the rank of major <strong>and</strong> below may retire in the highest rank served satisfactorily on<br />
AD for 6 or more months unless entitled by law to a higher grade (Title 10, United States Code, Section 1370(a)(1),).<br />
c. A commissioned officer must serve on AD 3 years in grade to retire in rank above major <strong>and</strong> below lieutenant<br />
general. However, the Secretary of Defense has authorized the Secretary of the <strong>Army</strong> to waive this requirement in<br />
individual cases involving extreme hardship or exceptional or unusual circumstances (10 USC 1370(a)(2)).<br />
d. Under 10 USC 1370(c), an officer who is serving in or who has served in the grade of general (O-10) or<br />
lieutenant general (O-9) may be retired in that grade only after the Secretary of Defense certifies in writing to the<br />
President <strong>and</strong> Congress that the officer served on AD satisfactorily in that grade.<br />
e. Generally, unless entitled to a higher retired grade under some other provision of law, or reduced in accordance<br />
with a grade determination review conducted under the provisions of AR 15–80, a warrant officer retires as determined<br />
by the Secretary of the <strong>Army</strong> in the permanent Regular or Reserve warrant officer grade, if any, that he or she held on<br />
the day before retirement or in the higher warrant officer grade, if any, in which he or she served on AD satisfactorily,<br />
as determined by the Secretary of the <strong>Army</strong>, for a period of more than 30 days (10 USC 1371).<br />
f. When an action is initiated against a commissioned officer with a view to trying such officer by court-martial, the<br />
Secretary of the <strong>Army</strong> may delay that officer’s retirement (without prejudice) until the action is completed (10 USC<br />
639).<br />
g. All retirements, except for disability separations, involving commissioned <strong>and</strong> warrant officers who, since their<br />
last promotion, have been the subject of any substantiated adverse finding or conclusion from an officially documented<br />
investigation, proceeding or inquiry (except minor traffic infractions) will be forwarded to ASA (M&RA) in accordance<br />
with AR 15-80, for a grade determination, provided such information is reflected, or should be reflected by<br />
regulation, in the officer’s OMPF. Examples of such findings or conclusions include, but are not limited to, a<br />
memor<strong>and</strong>um of reprim<strong>and</strong>; nonjudicial punishment under Article 15; UCMJ, court-martial, or civilian conviction.<br />
Even if the information described above is not required to be filed in the officer’s OMPF, the separation authority may<br />
forward any retirement that contains information deemed substantiated, adverse, <strong>and</strong> material to determination of<br />
retired grade.<br />
6–2. Computation of service<br />
a. There are different types of creditable military service. Each type is computed according to the applicable<br />
provisions of Federal law for the various types of retirement. Active Federal service is applicable for retirement under<br />
this chapter. For m<strong>and</strong>atory retirement of an RA commissioned officer, AFS may include constructive service (for a<br />
commissioned officer on AD on 14 September 1981) <strong>and</strong> is computed to determine whether—<br />
(1) An RA or RC officer may retire voluntarily.<br />
(2) An RA commissioned or warrant officer must be retired m<strong>and</strong>atorily.<br />
(3) A warrant officer may be advanced to a higher commissioned grade.<br />
b. Retired pay is computed according to pay formulas in Title 10, United States Code, chapters 71 <strong>and</strong> 371;<br />
provisions contained in the retirement law; <strong>and</strong> according to title 37 of U.S. Code.<br />
c. Upon appointment in the RA, certain commissioned officers are credited with constructive service. This amount<br />
of service is used to determine the RA grade <strong>and</strong> placement on the ADL <strong>and</strong> counts as m<strong>and</strong>atory retirement service<br />
for commissioned officers on AD before 15 September 1981. When the m<strong>and</strong>atory retirement service is greater than<br />
the total service for basic pay, it is used as the multiplier in determining the percentage in computing retired pay. No<br />
period of service subsequent to the date the officer meets the service requirements for m<strong>and</strong>atory retirement is<br />
creditable in the computation of retired pay unless specified by law.<br />
d. For voluntary retirements that do not require a waiver <strong>and</strong> do not appear to involve retirement of a Regular<br />
commissioned officer with at least 30 but less than 40 years of active service for retirement purposes, service<br />
computations will be performed at the installation maintaining the local personnel file or MPF, as appropriate of the<br />
retiree. For general officers, JAGC officers, chaplains, officers managed by the Special Management Branch, Regular<br />
commissioned officers with at least 30 but less than 40 years of active service for retirement purposes, <strong>and</strong> those that<br />
require waiver, service computations will be performed by the supporting service center <strong>and</strong> forwarded with the<br />
96 AR 600–8–24 12 April 2006/RAR 19 November 2008