Retirement Grade Determinations (RGDs) for Navy & Marine Corps Officers
Retirement Grade Determinations (RGDs) for Regular Navy and Marine Corps officers are governed by SECNAVINST 1920.6 (series) and the federal statute 10 U.S.C. § 1370, which establishes the legal standard for determining the grade in which an officer will retire. Many officers assume that reaching retirement eligibility guarantees retirement at their current paygrade, but that is not always the case. SECNAV must determine whether the officer served satisfactorily in the highest grade held, and may direct retirement in a lower grade if the record contains adverse findings or misconduct.
⚓ The Statutory Standard — 10 U.S.C. § 1370
The primary legal authority for RGDs is 10 U.S.C. § 1370(a), which states:
“A commissioned officer… shall, upon retirement, be retired in the highest grade in which he served on active duty satisfactorily, as determined by the Secretary… for not less than six months.”
This statute establishes three key principles:
- An officer is not automatically entitled to retire in their current paygrade.
- The Secretary of the Navy must determine whether service in that grade was satisfactory.
- If service was not satisfactory, the officer must be retired in the highest grade in which satisfactory service was performed for at least six months.
Under 10 U.S.C. § 1370(b):
“The Secretary concerned shall make a determination of satisfactory service in the grade held at retirement, and may make such a determination in a lower grade if service in the highest grade held was not satisfactory.”
And under § 1370(d):
“If an officer has been the subject of adverse information or adverse personnel actions, the Secretary concerned shall review the record and determine the officer’s grade on the retired list considering all relevant information.”
Finally, § 1370(f) makes the RGD final:
“A determination of the Secretary concerned as to the grade in which an officer is retired is final and conclusive.”
⚓ When Do RGDs Occur?
Under SECNAVINST 1920.6, RGDs occur in two primary circumstances:
1. When a Retirement-Eligible Officer Faces a Board of Inquiry (BOI)
An officer with 20 or more years of service who is required to show cause for retention and elects a BOI will receive a retirement grade determination if the BOI recommends separation. Even if separated, a retirement-eligible officer retains the right to retire, but the BOI must determine the grade.
Under Enclosure 8, BOI members are instructed:
“If separation is recommended, the board shall recommend whether the officer should be retired in the current grade or a lesser grade. The board must recommend the grade in which the officer last served satisfactorily for a period of not less than 6 months.”
Factors That May Warrant Retirement in a Lesser Grade
Enclosure 6 provides examples of misconduct or performance failures that may justify retirement in a lower grade:
- Abuse of a position of trust
- Conduct that brings discredit upon the naval service
- Disregard of superior-subordinate relationships
- Actions that undermine discipline, morale, security, or operational safety
- Deliberate acts endangering personnel or mission capability
However, Enclosure 6 includes a critical mitigation provision:
If the officer’s record is “otherwise so meritorious,” the recommendation should be retirement in the current grade.
After the BOI
The BOI’s recommendation is forwarded to the Assistant Secretary of the Navy (Manpower & Reserve Affairs), who makes the final decision on:
- Separation
- Characterization of service
- Retirement grade
The BOI’s RGD recommendation is given significant weight but is not binding.
If the Officer Waives the BOI
An officer who elects to retire in lieu of BOI must acknowledge in writing that SECNAV will conduct an RGD and that the officer may be retired in a lower paygrade.
2. When an Officer Submits a Voluntary Retirement Request After a Substantiated Adverse Finding
The second type of RGD occurs when a retirement-eligible officer submits a voluntary retirement request and has, within the previous two years, any of the following:
- Substantiated misconduct
- Substantiated Inspector General findings
- Substantiated Equal Opportunity findings
- Civilian conviction
- Nonjudicial punishment (NJP)
Even if an officer was retained at a BOI, the existence of a substantiated adverse finding within two years still triggers an RGD review.
Under this process:
- The officer receives written notice of the RGD.
- The notice identifies the adverse findings and the recommended retirement grade.
- The officer may submit a written response.
- There is no right to a hearing.
- The matter is sent to SECNAV for the final grade determination.
Exception to the Two-Year Rule
The two-year window can be waived by:
- CNP (Chief of Naval Personnel), or
- Deputy Commandant, Manpower & Reserve Affairs (Marine Corps)
This effectively allows SECNAV to conduct an RGD even when the adverse finding is older.
⚖️ How Officers Should Respond to an RGD Notice
An officer’s written response should be carefully crafted and include:
- Arguments tied to 10 U.S.C. § 1370(a) (“satisfactory service”)
- Analysis under Enclosure 6 of SECNAVINST 1920.6
- Proof of at least six months of satisfactory performance in the current grade
- FITREPs, awards, and command endorsements
- Evidence of rehabilitation or mitigation
- A whole-person evaluation demonstrating a meritorious career
An RGD response is effectively an advocacy package—not a simple statement. It must be compelling, organized, supported by documentation, and directly aligned with the legal criteria.
👨⚖️ Experienced Representation for BOIs and RGDs
Attorney Patrick Korody is a former Navy JAG who represents Navy and Marine Corps officers worldwide in:
- Boards of Inquiry (BOIs)
- Show cause cases
- Retirement grade determinations
- Adverse finding rebuttals
He has successfully defended senior officers and protected retirement grades in cases involving misconduct, performance issues, and adverse investigations. Officers facing RGDs should seek counsel early to build the strongest record possible.
📞 Free Consultation
If you are facing a BOI, adverse finding, or Retirement Grade Determination:
Call (904) 383-7261 or visit Korody Law for immediate assistance.