10 U.S.C. § 1371

Warrant officers: general rule

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Unless entitled to a higher retired grade under some other provision of law, a warrant officer shall be retired in the highest regular or reserve warrant officer grade in which the warrant officer served satisfactorily, as determined by the Secretary concerned.

Notes of Decisions
Cited in 7 cases, 1984–2012 · leading case: Dennis P. Covill v. United States, 959 F.2d 58 (6th Cir. 1992).
Dennis P. Covill v. United States, 959 F.2d 58 (6th Cir. 1992). · cites it 9× “complaint, plaintiff argued that he had been improperly retired from the Coast Guard at grade CWO, W-3, instead of W-4, because the Secretary had evaluated his retirement grade by considering his entire performance while he served in grade W-4 instead of limiting his performance…”
Spellissy v. United States, 103 Fed. Cl. 274 (Fed. Cl. 2012). · cites it 4× “1991), the Federal Circuit heard claims challenging determinations that warrant officers were not entitled to a retirement upgrade based on 10 U.S.C. § 1371 , 3 which is similar to 10 U.”
McCarron v. United States, 12 Cl. Ct. 582 (Ct. Cl. 1987). · cites it 2× “641, reenacted and codified as 10 U.S.C. § 1371 (1976); 10 U.S.C. § 277 (1976), and the Fifth Amendment to the Constitution.”
Huntzinger v. United States, 9 Cl. Ct. 90 (Ct. Cl. 1985). “Huntzinger to the Retired Reserve in the grade of major, without entitlement to retired pay in this higher grade, pursuant to 10 U.S.C. § 1371 (1982). In July 1979, Mr.”
Covill v. United States, 596 F. Supp. 789 (E.D. Mich. 1984). · cites it 4× “He draws this argument from 10 U.S.C. § 1371 , which, according to plaintiff, entitles him to retirement at the highest rank he achieved so long as he performed satisfactorily for the first 30 days of service at that rank.”
Barmore Duncan, Steven A. Gardner, Edward Y. Hall, Harvey W. Riley, Walter W. Welch, III & Roger Winslow v. The United States, 949 F.2d 1134 (Fed. Cir. 1991). · cites it 2× “Upon retirement, Appellants were entered on the retired list at the grade of Chief Warrant Officer Two, pursuant to 10 U.S.C. § 1371 , which provides that: Unless entitled to a higher retired grade under some other provision of law, a warrant officer retires .”
Duncan v. United States, 22 Cl. Ct. 1 (Ct. Cl. 1990). “641, reenacted and codified as 10 U.S.C. § 1371 (1976), provided in pertinent part as follows: (d) A warrant officer who is retired under this section shall, as determined by the Secretary, be retired in the permanent warrant officer grade held on the day before the date of his…”
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