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. 3924 - Forty years or more: Army officers
| 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. 3924 - Forty years or more: Army officers |
| Contains | section 3924 |
| 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. 227; Pub. L. 96-513, title V, §502(17), Dec. 12, 1980, 94 Stat. 2910. |
| Statutes at Large References | 22 Stat. 118 94 Stat. 2910 |
| Public and Private Laws | Public Law 96-513 |
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(a) Except as provided in section 1186 of this title, a commissioned officer of the Army who has at least 40 years of service computed under section 3926 of this title shall be retired upon his request.
(b) Any warrant officer of the Army who has at least 40 years of service computed under section 3926(a) of this title shall be retired upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 227; Pub. L. 96–513, title V, §502(17), Dec. 12, 1980, 94 Stat. 2910.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3924(a) 3924(b) |
10:942 (as applicable to commissioned officers). 10:942 (less applicability to commissioned officers). |
June 30, 1882, ch. 254 (last 21 words of 3d proviso under "Pay Department"), 22 Stat. 118. |
In subsection (a), the words "except as provided in section 3786 of this title" are inserted, since, under that revised section, when board proceedings are pending against a commissioned officer, his right to retire under this revised section, which is otherwise absolute, is discretionary with the Secretary under that revised section.
In subsections (a) and (b), the words "or volunteer service, or both" are omitted as obsolete in accordance with an opinion of the Attorney General, 22 Ops. Atty. Gen. 199, August 30, 1898, holding that such words refer to volunteer service in the Civil War. The words "upon his request" are substituted for the words "if he make application therefor to the President".
In subsection (b), the applicability of 10:942 to warrant officers is based on an opinion of the Judge Advocate General of the Army (JAGA 1950/6951, 4 Jan. 1951), which holds that 10:594 (less provisos) makes 10:942 applicable to warrant officers.
AMENDMENTS1980—Subsec. (a). Pub. L. 96–513 substituted "1186" for "3786".
EFFECTIVE DATE OF 1980 AMENDMENTAmendment by Pub. L. 96–513, effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
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