10 U.S.C. § 1375
Section 1375 · Entitlement to commission: commissioned officers advanced on retired list
Amended 2 times on record
Applied in 7 court decisions — leading case Thompson v. Baltimore & O. R. (1946)
Most recently applied in Friestedt v. United States (November 1965)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is advanced on a retired list is entitled to a commission in the grade to which he is advanced.
Editorial notes U.S. Code · Office of the Law Revision Counsel
34:394.
The words "has been or shall hereafter", "by operation of or in accordance with law", and "and shall receive" are omitted as surplusage. The words "in the grade to which he is advanced" are substituted for the words "in accordance with such advanced rank".
Amendments
2021—Pub. L. 116–283 substituted "Marine Corps, or Space Force" for "or Marine Corps".