2013 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps (§§ 5001 - 7921)
Part II - PERSONNEL (§§ 5401 - 6522)
Chapter 571 - VOLUNTARY RETIREMENT (§§ 6321 - 6336)
Section 6322 - Officers: 30 years
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL CHAPTER 571 - VOLUNTARY RETIREMENT Sec. 6322 - Officers: 30 years |
| Contains | section 6322 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 394; Pub. L. 96-342, title VIII, §813(d)(1), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96-513, §513(17), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 99-348, title II, §203(b)(1), July 1, 1986, 100 Stat. 696. |
| Statutes at Large References | 35 Stat. 128 41 Stat. 835 61 Stat. 863 62 Stat. 477 68 Stat. 68 94 Stat. 1104, 2932 100 Stat. 696 |
| Public Law References | Public Law 96-342, Public Law 96-513, Public Law 99-348 |
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(a) An officer of the Regular Navy or the Regular Marine Corps holding a permanent appointment in the grade of warrant officer, W–1, or above who applies for retirement after completing 30 or more years of active service may, in the discretion of the Secretary of the Navy, be retired.
(b) For the purpose of this section, an officer's years of active service are computed by adding all his active service in the armed forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 394; Pub. L. 96–342, title VIII, §813(d)(1), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, §513(17), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 99–348, title II, §203(b)(1), July 1, 1986, 100 Stat. 696.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6322 | 34 U.S.C. 383. | May 13, 1908, ch. 166, 35 Stat. 128 (8th sentence, less proviso); June 17, 1948, ch. 497, §1(d), 62 Stat. 477. |
| 34 U.S.C. 879 (less applicability to enlisted men). | June 4, 1920, ch. 228, §3 (3d proviso, less applicability to enlisted men), 41 Stat. 835. | |
| 34 U.S.C. 626–1(a) (1st sentence). | Aug. 7, 1947, ch. 512, §314(a) (1st sentence), 61 Stat. 863; May 5, 1954, ch. 180, §205, 68 Stat. 68. |
In subsection (a) the words "Regular" and "holding a permanent appointment in the grade of warrant officer, W–1, or above" are inserted for clarity. The words "after completing 30 or more years of active service" are substituted for the words "has been thirty years in the service" for clarity. The words "retired from active service" are omitted as surplusage.
Subsection (b) is added to clarify the word "service". It has been consistently interpreted to include active service in the armed forces as defined in this title.
In subsection (c) the words "is entitled to retired pay at the rate of 75 percent of the highest basic pay of the grade in which retired" are substituted for the words "with three-fourths of the highest pay of his grade" for clarity and uniformity of expression.
AMENDMENTS1986—Subsec. (c). Pub. L. 99–348 struck out subsec. (c) which provided that each officer retired under this section be entitled to retired pay, in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, at the rate of 75 percent of the highest basic pay of the grade in which retired, and in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, at the rate of 75 percent of the monthly retired pay base computed under section 1407(d).
1980—Subsec. (c). Pub. L. 96–513 substituted "September 8, 1980" for "the date of the enactment of the Department of Defense Authorization Act, 1981" wherever appearing.
Pub. L. 96–342 designated existing provisions as par. (1), inserted provision limiting applicability to officers who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added par. (2).
EFFECTIVE DATE OF 1980 AMENDMENTAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
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