2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle B - Army (Sections 3001 - 4842)
Part II - Personnel (Sections 3201 - 4061)
Chapter 367 - Retirement for Length of Service (Sections 3911 - 3929)
Sec. 3914 - Twenty to thirty years: enlisted members
Publication Title | United States Code, 2012 Edition, Supplement 3, 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 B - Army PART II - PERSONNEL CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE Sec. 3914 - Twenty to thirty years: enlisted members |
Contains | section 3914 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 225; Pub. L. 85-861, §33(a)(25), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96-343, §9(a)(1), Sept. 8, 1980, 94 Stat. 1128; Pub. L. 103-337, div. A, title V, §515(a), Oct. 5, 1994, 108 Stat. 2753. |
Statutes at Large References | 31 Stat. 209 32 Stat. 933 33 Stat. 264 37 Stat. 575 47 Stat. 158 60 Stat. 996 72 Stat. 1565 94 Stat. 1128, 1129 108 Stat. 2753 |
Public and Private Laws | Public Law 85-861, Public Law 96-343, Public Law 102-484, Public Law 103-337 |
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Under regulations to be prescribed by the Secretary of the Army, an enlisted member of the Army who has at least 20, but less than 30, years of service computed under section 3925 of this title may, upon his request, be retired.
(Aug. 10, 1956, ch. 1041, 70A Stat. 225; Pub. L. 85–861, §33(a)(25), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96–343, §9(a)(1), Sept. 8, 1980, 94 Stat. 1128; Pub. L. 103–337, div. A, title V, §515(a), Oct. 5, 1994, 108 Stat. 2753.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3914 | 10:948 (1st sentence). 10:948a. |
Oct. 6, 1945, ch. 393, §4 (1st sentence); restated Aug. 10, 1946, ch. 952, §6(a) (1st sentence), 60 Stat. 996. |
Aug. 10, 1946, ch. 952, §7, 60 Stat. 996. |
The words "now or hereafter", in 10:948a, are omitted as surplusage. The words "computed under section 3925 of this title" are substituted for the words "active Federal service", in 10:948, and "active Federal military service", in 10:948a, since that revised section makes explicit the service covered. The words "be retired" are substituted for the words "will be placed on the retired list of", in 10:948. The words "completed a minimum", in 10:948; and "the period of", "be subject to", "periods of", and "now or after August 10, 1946", in 10:948a; are omitted as surplusage.
1958 ACTThe change makes clear that the Secretary of the Army is required to prescribe regulations in this case, and conforms this section to section 8914, its Air Force counterpart.
AMENDMENTS1994—Pub. L. 103–337 struck out at end "A regular enlisted member then becomes a member of the Army Reserve. A member retired under this section shall perform such active duty as may be prescribed by law until his service computed under section 3925 of this title, plus his inactive service as a member of the Army Reserve, equals 30 years."
1980—Pub. L. 96–343 struck out "regular" before "enlisted members" in section catchline and substituted in section "an enlisted member" for "a regular enlisted member", "A regular enlisted member" for "He", and "Army Reserve. A member retired under this section" for "Army Reserve, and".
1958—Pub. L. 85–861 substituted "regulations to be prescribed" for "regulations prescribed".
EFFECTIVE DATE OF 1980 AMENDMENTPub. L. 96–343, §9(c), Sept. 8, 1980, 94 Stat. 1129, provided that: "The amendments made by this section [amending this section and sections 3925, 8914, and 8925 of this title] shall apply with respect to retired pay payable for months beginning after the date of the enactment of this Act [Sept. 8, 1980]."
EFFECTIVE DATE OF 1958 AMENDMENTAmendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
TEMPORARY EARLY RETIREMENT AUTHORITYFor provisions authorizing the Secretary of the Army, during the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this section to an enlisted member with at least 15 but less than 20 years of service by substituting "at least 15" for "at least 20", see section 4403 of Pub. L. 102–484, set out as a note under section 1293 of this title.
DOUBLE CREDITS FOR FOREIGN SERVICE BY ENLISTED MENActs May 26, 1900, ch. 586, 31 Stat. 209; Mar. 2, 1903, ch. 975, 32 Stat. 933; Apr. 23, 1904, ch. 1485, 33 Stat. 264; Aug. 24, 1912, ch. 391, §1, 37 Stat. 575; May 17, 1932, ch. 190, 47 Stat. 158, provided that: "In computing length of service for retirement, credit shall be given soldiers for double the time of their actual service in China, Puerto Rico, Cuba, the Philippine Islands, the Island of Guam, Alaska, and Panama, but double credit shall not be given for service rendered subsequent to April 23, 1904, in Puerto Rico or the Territory of Hawaii, nor shall credit for double time for foreign service be given to those who enlisted after August 24, 1912: Provided, That nothing herein shall be so construed as to forfeit credit for double time accrued prior to August 24, 1912."
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