Title 10 — Armed Forces

Part II · Chapter 65 — Retirement of Warrant Officers for Length of Service

§ 1305. Thirty years or more: regular warrant officers

Statutory text

Subject to paragraphs (2) and (3), a regular warrant officer who has at least 30 years of active service that could be credited to the officer under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114) shall be retired 60 days after the date on which the officer completes that service, except as provided by section 8301 of title 5.

In the case of a regular Army warrant officer, the calculation of years of active service under paragraph (1) shall include only years of active service as a warrant officer.

In the case of a regular Navy warrant officer in the grade of chief warrant officer, W–5, or a Marine Corps Marine Gunner warrant officer in such grade, the officer shall be retired 60 days after the date on which the officer completes 33 years of total active service.

The Secretary concerned may defer, for not more than four months, the retirement under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date when the warrant officer would otherwise be required to retire under this section.

Under such regulations as the Secretary concerned may prescribe, the Secretary concerned may defer the retirement under subsection (a) of any warrant officer upon the recommendation of a board of officers and with the consent of the warrant officer, but not later than 60 days after the warrant officer becomes 62 years of age.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 101 · 70A Stat. 101
Enacted · 10 U.S.C. § 1305
Aug. 10, 1956, ch. 1041, 70A Stat. 101
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 101
1962
Pub. L. 87–649 § 6(f)(3) · 76 Stat. 451
Substituted · 10 U.S.C. § 1305(a)
Pub. L. 87–649 substituted “section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)” for “section 311 of title 37.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 87–649 substituted “section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)” for “section 311 of title 37.”
Enacted provision · exact public law section
(3) Sections 564(a)(1), 1166(a), 1167 (a) and (b), 1293, and 1305 are each amended by striking out the words “section 311 of title 37” and inserting the words “section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)” in place thereof.
1966
Pub. L. 89–718 § 3 · 80 Stat. 1113
Substituted · 10 U.S.C. § 1305(a)
Pub. L. 89–718 substituted “8301” for “47a”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–718 substituted “8301” for “47a”.
Enacted provision · exact public law section
Sec. 3. Sections 564(a),1164, 1221, 1255(a), 1263(a), 1305(a), 1404 (including the catchline), 3883, 3884, 3885, 3886, 3913(a), 3915, 3916 (a), 3921(a), 3922(a), 3923, 8883, 8884, 8885, 8886, 8913(a),8915(a), 8916(a), 8921 (a), 8922(a), and 8923, and the item relating to section 1404 in the analysis for chapter 71, of title 10, United States Code, are each amended by striking out the figure “47a” wherever it appears and by inserting in place thereof the figure “8301”.
1991
Warrant Officer Management Act
Pub. L. 102–190 div. A title XI § 1116 · 105 Stat. 1290
1. Amended · 10 U.S.C. § 1305(a)
  Pub. L. 102–190 designated existing provisions as par. (1)
2. Substituted · 10 U.S.C. § 1305(a)
  Pub. L. 102–190 substituted “Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W–5)” for “A permanent regular warrant officer”
3. Added · 10 U.S.C. § 1305(a)
  Pub. L. 102–190 added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–190 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W–5)” for “A permanent regular warrant officer”, and added par. (2).
Enacted provision · exact public law section
SEC. 1116. MANDATORY RETIREMENT OF REGULAR ARMY WARRANT OFFICERS FOR LENGTH OF SERVICE. Section 1305(a) of title 10, United States Code, is amended— (1) by striking out “A permanent regular warrant officer” and inserting in lieu thereof “(1) Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W–5)”, and (2) by adding at the end the following new paragraph: “(2) (A) A regular Army warrant officer in the grade of chief warrant officer, W–5, who has at least 30 years of active service as a warrant officer that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114), shall be retired 60 days after the date on which he completes that service, except as provided by section 8301 of title 5. “(B) A regular Army warrant officer in a warrant officer grade below the grade of chief warrant officer, W–5, who completes 24 years of active service as a warrant officer before he is required to be retired under paragraph (1) shall be retired 60 days after the date on which he completes 24 years of active service as a warrant officer, except as provided by section 8301 of title 5.”.
Effective date note
Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.
2006
John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 div. A title V § 505(c) · 120 Stat. 2083
1. Substituted · 10 U.S.C. § 1305(a)
  Pub. L. 109–364 substituted “A regular warrant officer” for “(1) Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W–5)”
2. Inserted · 10 U.S.C. § 1305(a)
  Pub. L. 109–364 inserted “as a warrant officer” after “years of active service” and “the date on which” after “60 days after”
3. Struck · 10 U.S.C. § 1305(a)
  Pub. L. 109–364 struck out par. (2) which read as follows:
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–364 substituted “A regular warrant officer” for “(1) Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W–5)”, inserted “as a warrant officer” after “years of active service” and “the date on which” after “60 days after”, and struck out par. (2) which read as follows:
“(2)(A) A regular Army warrant officer in the grade of chief warrant officer, W–5, who has at least 30 years of active service as a warrant officer that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114), shall be retired 60 days after the date on which he completes that service, except as provided by section 8301 of title 5. “(B) A regular Army warrant officer in a warrant officer grade below the grade of chief warrant officer, W–5, who completes 24 years of active service as a warrant officer before he is required to be retired under paragraph (1) shall be retired 60 days after the date on which he completes 24 years of active service as a warrant officer, except as provided by section 8301 of title 5.”
Enacted provision · exact public law section
(c) Mandatory Retirement for Length of Service.— Section 1305(a) of such title is amended— (1) by striking “(1) Except as” and all the follows through “W–5)” and inserting “A regular warrant officer”; (2) by inserting “as a warrant officer” after “years of active service”; (3) by inserting “the date on which” after “60 days after”; and (4) by striking paragraph (2).
2008
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 · 122 Stat. 4356
1. Amended · 10 U.S.C. § 1305(a)
  Pub. L. 110–417 designated existing provisions as par. (1)
2. Substituted · 10 U.S.C. § 1305(a)
  Pub. L. 110–417 substituted “A regular warrant officer (other than a regular Army warrant officer) who has at least 30 years of active service that could be credited to the officer” for “A regular warrant officer who has at least 30 years of active service as a warrant officer that could be credited to him”
3. Added · 10 U.S.C. § 1305(a)
  Pub. L. 110–417 added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–417 designated existing provisions as par. (1), substituted “A regular warrant officer (other than a regular Army warrant officer) who has at least 30 years of active service that could be credited to the officer” for “A regular warrant officer who has at least 30 years of active service as a warrant officer that could be credited to him”, and added par. (2).
2013
National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 § 504(1) · 126 Stat. 1632
1. Substituted · 10 U.S.C. § 1305(a)(1)
  Pub. L. 112–239, § 504(1), substituted “Subject to paragraphs (2) and (3), a regular warrant officer” for “A regular warrant officer (other than a regular Army warrant officer)”
2. Substituted · 10 U.S.C. § 1305(a)(1)
  Pub. L. 112–239, § 504(1), substituted “date on which the officer” for “date on which he”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 112–239, § 504(1), substituted “Subject to paragraphs (2) and (3), a regular warrant officer” for “A regular warrant officer (other than a regular Army warrant officer)” and “date on which the officer” for “date on which he”.
Enacted provision · exact public law section
(1) in paragraph (1)— (A) by striking “A regular warrant officer (other than a regular Army warrant officer)” and inserting “Subject to paragraphs (2) and (3), a regular warrant officer”; and (B) by striking “he” and inserting “the officer”; and
2013
National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 § 504(2) · 126 Stat. 1632
Added · 10 U.S.C. § 1305(a)(3)
Pub. L. 112–239, § 504(2), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 112–239, § 504(2), added par. (3).
Enacted provision · exact public law section
(2) by adding at the end the following new paragraph: “(3) In the case of a regular Navy warrant officer in the grade of chief warrant officer, W–5, the officer shall be retired 60 days after the date on which the officer completes 33 years of total active service.” .
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 509A(1) · 137 Stat. 136
Inserted · 10 U.S.C. § 1305(a)(3)
Pub. L. 118–31, § 509A(1), inserted “or a Marine Corps Marine Gunner warrant officer in such grade,” after “chief warrant officer, W–5,”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 118–31, § 509A(1), inserted “or a Marine Corps Marine Gunner warrant officer in such grade,” after “chief warrant officer, W–5,”.
Enacted provision · exact public law section
(1) in subsection (a)(3), by inserting “or a Marine Corps Marine Gunner warrant officer in such grade,” after “chief warrant officer, W–5,”;
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 509A(2) · 137 Stat. 136
Substituted · 10 U.S.C. § 1305(b)
Pub. L. 118–31, § 509A(2), substituted “when the warrant officer” for “when he”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 118–31, § 509A(2), substituted “when the warrant officer” for “when he”.
Enacted provision · exact public law section
(2) in subsection (b), by striking “when he” and inserting “when the warrant officer”; and
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 509A(3) · 137 Stat. 136
1. Substituted · 10 U.S.C. § 1305(c)
  Pub. L. 118–31, § 509A(3), substituted “as the Secretary concerned” for “as he”
2. Substituted · 10 U.S.C. § 1305(c)
  Pub. L. 118–31, § 509A(3), substituted “after the warrant officer” for “after he”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 118–31, § 509A(3), substituted “as the Secretary concerned” for “as he” and “after the warrant officer” for “after he”.
Enacted provision · exact public law section
(3) in subsection (c)— (A) by striking “as he” and inserting “as the Secretary concerned”; and (B) by striking “after he” and inserting “after the warrant officer”.

15 of 19 references resolved to an enrolled provision · 4 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1305(a)	10:600(d) (as applicable to 10:600l(b)(2)).10:600l(b)(2) (last sentence).10:600r(c) (as applicable to 10:600l(b)(2)).34:135(d) (as applicable to 34:430(b)(2)).	May 29, 1954, ch. 249, §§ 2(d) (as applicable to § 14(b)(2)), 14(b)(2), (e) (as applicable to (b)(2)), 21(c) (as applicable to § 14(b)(2)), 68 Stat. 157, 163, 168.
	34:430(b)(2) (last sentence).
	34:430c (as applicable to 34:430(b)(2)).
1305(b)	10:600l(e) (as applicable to 10:600l(b)(2)).
	34:430(e) (as applicable to 34:430(b)(2)).
1305(c)	10:600l(b)(2) (less last sentence).
	34:430(b)(2) (less last sentence).

In subsection (a), the words “has at least” are substituted for the words “has completed”. The words “and is not so continued on active service” and “on that date which” are omitted as surplusage. 10:600l(b)(2) (last 16 words of last sentence) and 34:430(b)(2) (last 16 words of last sentence) are omitted as covered by section 1315 of this title.

In subsection (b), the words “The Secretary concerned may defer” are substituted for the words “may, in the discretion of the Secretary, be deferred”. The words “determination of his” are inserted for clarity. The words “not more than” are substituted for the words “a period not to exceed”. The words “he would otherwise be required to retire under this section” are substituted for the words “retirement * * * would otherwise be required”. The words “which is required”, “possible”, “proper”, and “a period of” are omitted as surplusage.

In subsection (c), the words “the Secretary concerned may defer the retirement” are substituted for the words “in the discretion of the Secretary * * * be continued on active service”. The words “but not later than” are substituted for the words “but not beyond that date which is”.

Editorial Notes

References in Text

Section 511 of the Career Compensation Act of 1949, referred to in subsec. (a)(1), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note under section 580 of this title.

Amendments1962–2023 · 7 rounds

2023

Subsec. (a)(3). Pub. L. 118–31, § 509A(1), inserted “or a Marine Corps Marine Gunner warrant officer in such grade,” after “chief warrant officer, W–5,”.

Subsec. (b). Pub. L. 118–31, § 509A(2), substituted “when the warrant officer” for “when he”.

Subsec. (c). Pub. L. 118–31, § 509A(3), substituted “as the Secretary concerned” for “as he” and “after the warrant officer” for “after he”.

2013

Subsec. (a)(1). Pub. L. 112–239, § 504(1), substituted “Subject to paragraphs (2) and (3), a regular warrant officer” for “A regular warrant officer (other than a regular Army warrant officer)” and “date on which the officer” for “date on which he”.

Subsec. (a)(3). Pub. L. 112–239, § 504(2), added par. (3).

2008

Subsec. (a). Pub. L. 110–417 designated existing provisions as par. (1), substituted “A regular warrant officer (other than a regular Army warrant officer) who has at least 30 years of active service that could be credited to the officer” for “A regular warrant officer who has at least 30 years of active service as a warrant officer that could be credited to him”, and added par. (2).

2006

Subsec. (a). Pub. L. 109–364 substituted “A regular warrant officer” for “(1) Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W–5)”, inserted “as a warrant officer” after “years of active service” and “the date on which” after “60 days after”, and struck out par. (2) which read as follows:

“(2)(A) A regular Army warrant officer in the grade of chief warrant officer, W–5, who has at least 30 years of active service as a warrant officer that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114), shall be retired 60 days after the date on which he completes that service, except as provided by section 8301 of title 5.

“(B) A regular Army warrant officer in a warrant officer grade below the grade of chief warrant officer, W–5, who completes 24 years of active service as a warrant officer before he is required to be retired under paragraph (1) shall be retired 60 days after the date on which he completes 24 years of active service as a warrant officer, except as provided by section 8301 of title 5.”

1991

Subsec. (a). Pub. L. 102–190 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W–5)” for “A permanent regular warrant officer”, and added par. (2).

1966

Subsec. (a). Pub. L. 89–718 substituted “8301” for “47a”.

1962

Subsec. (a). Pub. L. 87–649 substituted “section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)” for “section 311 of title 37.”

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Credits

1956–2023 · 8 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 101
1962Pub. L. 87–649, § 6(f)(3), Sept. 7, 1962, 76 Stat. 494
1966Pub. L. 89–718, § 3, Nov. 2, 1966, 80 Stat. 1115
1991Pub. L. 102–190, div. A, title XI, § 1116, Dec. 5, 1991, 105 Stat. 1503
2006Pub. L. 109–364, div. A, title V, § 505(c), Oct. 17, 2006, 120 Stat. 2179
2008Pub. L. 110–417, [div. A], title V, § 501, Oct. 14, 2008, 122 Stat. 4432
2013Pub. L. 112–239, div. A, title V, § 504, Jan. 2, 2013, 126 Stat. 1715
2023Pub. L. 118–31, div. A, title V, § 509A, Dec. 22, 2023, 137 Stat. 243.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87–649, § 6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89–718, § 3, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 102–190, div. A, title XI, § 1116, Dec. 5, 1991, 105 Stat. 1503; Pub. L. 109–364, div. A, title V, § 505(c), Oct. 17, 2006, 120 Stat. 2179; Pub. L. 110–417, [div. A], title V, § 501, Oct. 14, 2008, 122 Stat. 4432; Pub. L. 112–239, div. A, title V, § 504, Jan. 2, 2013, 126 Stat. 1715; Pub. L. 118–31, div. A, title V, § 509A, Dec. 22, 2023, 137 Stat. 243.)