2018 US Code
Title 10 - Armed Forces
Subtitle B - Army
Part II - Personnel
Chapter 743 - Retired Grade
Sec. 7344 - Higher grade after 30 years of service: warrant officers and enlisted members
10 U.S.C. § 7344 (2018) | |||||||||||||||
§7344. 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). |
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(Aug. 10, 1956, ch. 1041, 70A Stat. 231, §3964; 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; renumbered §7344, Pub. L. 115–232, div. A, title VIII, §808(b)(13), Aug. 13, 2018, 132 Stat. 1839.) |
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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warrant, or enlisted", in 10:1004; are omitted as surplusage. 10:594 (last proviso) and 1004 (proviso) are omitted as superseded by section 1372 of this title.
A prior section 7344, act Aug. 10, 1956, ch. 1041, 70A Stat. 454, related to suspension of naval aircraft construction in case of treaty for limitation of naval armament, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(a)(9), Nov. 30, 1993, 107 Stat. 1708. AMENDMENTS2018—Pub. L. 115–232 renumbered section 3964 of this title as this section. 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". EFFECTIVE DATE OF 2018 AMENDMENTAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1987 AMENDMENTPub. 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." |
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United States Code, 2018 Edition, Title 10 - ARMED FORCES | |||||||||||||||
Bills and Statutes | |||||||||||||||
United States Code | |||||||||||||||
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Title 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL CHAPTER 743 - RETIRED GRADE Sec. 7344 - Higher grade after 30 years of service: warrant officers and enlisted members |
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section 7344 | |||||||||||||||
2018 | |||||||||||||||
January 14, 2019 | |||||||||||||||
Yes | |||||||||||||||
standard | |||||||||||||||
62 Stat. 1085, 1086 68 Stat. 167 70 Stat. 222 72 Stat. 1489 98 Stat. 2528 101 Stat. 1089, 1091 107 Stat. 1708 132 Stat. 1839 |
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Public Law 85-861, Public Law 98-525, Public Law 100-180, Public Law 103-160, Public Law 115-232 |