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2017 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps
Part II - Personnel
Chapter 571 - Voluntary Retirement
Sec. 6321 - Officers: 40 years

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Citation 10 U.S.C. § 6321 (2017)
Section Name §6321. Officers: 40 years
Section Text

(a) Each 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 40 or more years of active service shall be retired by the Secretary of the Navy.

(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.
Source Credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 393.)
Editorial Notes
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6321 34 U.S.C. 381. R.S. 1443; June 17, 1948, ch. 497, §1(a), 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 word "shall" is substituted for the word "may" because the Attorney General has construed R.S. 1443 as conferring a right to retirement upon officers who apply for it after 40 years of service (30 Op. Atty. Gen. 406). The words "from active service" are omitted as surplusage. The words "after completing 40 or more years of active service" are substituted for the words "has been forty years in the service of the United States" for clarity.

In subsection (b) the accepted meaning of the words "service of the United States" is spelled out for clarity. They have been consistently interpreted to include active service in the armed forces as defined in this title.
Publication Title United States Code, 2012 Edition, Supplement 5, 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. 6321 - Officers: 40 years
Contains section 6321
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 41 Stat. 835
61 Stat. 863
62 Stat. 477
68 Stat. 68
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