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Title 10 — Armed Forces

Part II · Chapter 741 — Retirement for Length of Service

§ 7314. Twenty to thirty years: enlisted members

Statutory text

Under regulations to be prescribed by the Secretary of the Army, an enlisted member of the Army who has at least 20, but less than 30, years of service computed under section 7325 of this title may, upon his request, be retired.

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.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 225, § 3914 · 70A Stat. 225

    Enacted · 10 U.S.C. § 7314

    Aug. 10, 1956, ch. 1041, 70A Stat. 225, § 3914

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 225, § 3914

  2. Pub. L. 85–861 § 33(a)(25) · 72 Stat. 1437

    Substituted · 10 U.S.C. § 7314

    Pub. L. 85–861 substituted “regulations to be prescribed” for “regulations prescribed”

    Source evidence

    Code amendment note
    Pub. L. 85–861 substituted “regulations to be prescribed” for “regulations prescribed”.

    Enacted provision · exact public law section
    (25) Section 3914 is amended by inserting the words “to be” after 10 USC 3914. the word “regulations”.

  3. Military Personnel and Compensation Amendments of 1980

    Pub. L. 96–343 § 9(a)(1) · 94 Stat. 1123

    1. Struck · 10 U.S.C. § 7314

      Pub. L. 96–343 struck out “regular” before “enlisted members” in section catchline

    2. Substituted · 10 U.S.C. § 7314

      Pub. L. 96–343 substituted in section “an enlisted member” for “a regular enlisted member”

    3. Substituted · 10 U.S.C. § 7314

      Pub. L. 96–343 substituted in section “A regular enlisted member” for “He”

    4. Substituted · 10 U.S.C. § 7314

      Pub. L. 96–343 substituted in section “Army Reserve. A member retired under this section” for “Army Reserve, and”

    Source evidence

    Code amendment note
    Pub. L. 96–343 struck out “regular” before “enlisted members” in section catchline and substituted in section “an enlisted member” for “a regular enlisted member”, “A regular enlisted member” for “He”, and “Army Reserve. A member retired under this section” for “Army Reserve, and”.

    Enacted provision · exact public law section
    (1) Section 3914 of title 10, United States Code, relating to the retirement of regular enlisted members, is amended to read as follows: “§3914. Twenty to thirty years: enlisted members “Under regulations to be prescribed by the Secretary of the Army, an enlisted member of the Army who has at least 20, but less than 30, years of service computed under section 3925 of this title may, upon his request, be retired. A regular enlisted member then becomes a member of the Army Reserve. A member retired under this section shall perform such active duty as may be prescribed by law until his 10 USC 3925. service computed under section 3925 of this title, plus his inactive service as a member of the Army Reserve, equals 30 years.”.

  4. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 div. A title V § 515(a) · 108 Stat. 2663

    Struck · 10 U.S.C. § 7314

    Pub. L. 103–337 struck out at end “A regular enlisted member then becomes a member of the Army Reserve. A member retired under this section shall perform such active duty as may be prescribed by law until his service computed under section 3925 of this title, plus his inactive service as a member of the Army Reserve, equals 30 years.”

    Source evidence

    Code amendment note
    Pub. L. 103–337 struck out at end “A regular enlisted member then becomes a member of the Army Reserve. A member retired under this section shall perform such active duty as may be prescribed by law until his service computed under section 3925 of this title, plus his inactive service as a member of the Army Reserve, equals 30 years.”

    Enacted provision · exact public law section
    (a) Army.— Section 3914 of title 10, United States Code, is amended by striking out the second and third sentences.

  5. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(a) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 7314

    Pub. L. 115–232, § 809(a), substituted “section 7325” for “section 3925”

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 809(a), substituted “section 7325” for “section 3925”.

    Enacted provision · exact public law section
    (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

    Effective date note
    Amendment 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.

  6. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 808(b)(12) · 132 Stat. 1636

    Changed · 10 U.S.C. § 7314

    Pub. L. 115–232, § 808(b)(12), renumbered section 3914 of this title as this section

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 808(b)(12), renumbered section 3914 of this title as this section.

    Enacted provision · exact public law section
    (12) Chapter 367.— Each section in chapter 367 10 USC 7311, 7314, 7317, 7318, 7320, 7321, 7324–7326, 7329. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,400.

    Effective date note
    Amendment 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.

8 of 9 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
391410:948 (1st sentence).10:948a.Oct. 6, 1945, ch. 393, § 4 (1st sentence); restated Aug. 10, 1946, ch. 952, § 6(a) (1st sentence), 60 Stat. 996.
  Aug. 10, 1946, ch. 952, § 7, 60 Stat. 996.

The words “now or hereafter”, in 10:948a, are omitted as surplusage. The words “computed under section 3925 of this title” are substituted for the words “active Federal service”, in 10:948, and “active Federal military service”, in 10:948a, since that revised section makes explicit the service covered. The words “be retired” are substituted for the words “will be placed on the retired list of”, in 10:948. The words “completed a minimum”, in 10:948; and “the period of”, “be subject to”, “periods of”, and “now or after ”, in 10:948a; are omitted as surplusage.

1958 Act

The change makes clear that the Secretary of the Army is required to prescribe regulations in this case, and conforms this section to section 8914, its Air Force counterpart.

Editorial Notes

Prior Provisions

Prior sections 7314 to 7316 were renumbered sections 8684 to 8686 of this title, respectively.

Amendments1958–2018 · 4 rounds

2018

Pub. L. 115–232, § 809(a), substituted “section 7325” for “section 3925”.

Pub. L. 115–232, § 808(b)(12), renumbered section 3914 of this title as this section.

1994

Pub. L. 103–337 struck out at end “A regular enlisted member then becomes a member of the Army Reserve. A member retired under this section shall perform such active duty as may be prescribed by law until his service computed under section 3925 of this title, plus his inactive service as a member of the Army Reserve, equals 30 years.”

1980

Pub. L. 96–343 struck out “regular” before “enlisted members” in section catchline and substituted in section “an enlisted member” for “a regular enlisted member”, “A regular enlisted member” for “He”, and “Army Reserve. A member retired under this section” for “Army Reserve, and”.

1958

Pub. L. 85–861 substituted “regulations to be prescribed” for “regulations prescribed”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , 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 1980 Amendment

Pub. L. 96–343, § 9(c), , 94 Stat. 1129, provided that: “The amendments made by this section [amending this section and sections 3925, 8914, and 8925 of this title] shall apply with respect to retired pay payable for months beginning after the date of the enactment of this Act [].”

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–861 effective , see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.

Temporary Early Retirement Authority

For provisions authorizing the Secretary of the Army, during the period beginning , and ending , to apply this section to an enlisted member with at least 15 but less than 20 years of service by substituting “at least 15” for “at least 20”, see section 4403 of Pub. L. 102–484, set out as a note under section 1293 of this title.

Credits

1956–2018 · 5 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 225, § 3914
  2. 1958Pub. L. 85–861, § 33(a)(25), , 72 Stat. 1565
  3. 1980Pub. L. 96–343, § 9(a)(1), , 94 Stat. 1128
  4. 1994Pub. L. 103–337, div. A, title V, § 515(a), , 108 Stat. 2753
  5. 2018renumbered § 7314 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(12), 809(a), , 132 Stat. 1838, 1840.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 225, § 3914; Pub. L. 85–861, § 33(a)(25), , 72 Stat. 1565; Pub. L. 96–343, § 9(a)(1), , 94 Stat. 1128; Pub. L. 103–337, div. A, title V, § 515(a), , 108 Stat. 2753; renumbered § 7314 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(12), 809(a), , 132 Stat. 1838, 1840.)

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USLM identifier /us/usc/t10/s7314