2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle B - Army (Sections 3001 - 4842)
Part II - Personnel (Sections 3201 - 4061)
Chapter 369 - Retired Grade (Sections 3961 - 3966)
Sec. 3964 - Higher grade after 30 years of service: warrant officers and enlisted members

(a) Each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army.

(b) This section applies to—

(1) warrant officers of the Army;

(2) enlisted members of the Regular Army; and

(3) reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty).

(Aug. 10, 1956, ch. 1041, 70A Stat. 231; Pub. L. 85–861, §1(100), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 98–525, title V, §533(c), Oct. 19, 1984, 98 Stat. 2528; Pub. L. 100–180, div. A, title V, §512(a), Dec. 4, 1987, 101 Stat. 1089.)

The words "when his active service plus his service on the retired list totals 30 years" are substituted for the words "upon the completion of thirty years' [years of] service, to include the sum of his active service and his service on the retired list", in 10:594 and 1004. The words "under any provision of law", in 10:594 and 1004; "officer, flight officer, or warrant officer", in 10:594; and "commissioned, warrant, or enlisted", in 10:1004; are omitted as surplusage. 10:594 (last proviso) and 1004 (proviso) are omitted as superseded by section 1372 of this title.

1987—Pub. L. 100–180 substituted "warrant officers and enlisted members" for "Army warrant officers; regular enlisted members" in section catchline and amended text generally. Prior to amendment, text read as follows: "Each warrant officer of the Army, and each enlisted member of the Regular Army, who is retired before or after this title is enacted is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army."

1984—Pub. L. 98–525 substituted "highest grade" for "highest temporary grade".

1958—Pub. L. 85–861 struck out ", after September 8, 1940 and before July 1, 1946" after "Secretary of the Army".

Pub. L. 100–180, div. A, title V, §512(f), Dec. 4, 1987, 101 Stat. 1091, provided that: "The amendments made by subsections (a) and (c) [amending this section and section 8964 of this title] shall apply to any reserve enlisted member who completes 30 years of service in the Armed Forces before, on, or after the date of the enactment of this Act [Dec. 4, 1987]. No person may be paid retired pay at a higher rate by reason of the enactment of this Act [Pub. L. 100–180, see Tables for classification] for any period before the date of the enactment of this Act."