§ 7325. Computation of years of service: voluntary retirement; enlisted members

Footnotes

1. 1 See References in Text note below.

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. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 228, § 3925 · 70A Stat. 228

   Enacted · 10 U.S.C. § 7325

   Aug. 10, 1956, ch. 1041, 70A Stat. 228, § 3925

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 228, § 3925

2. 1958

   Pub. L. 85–861 § 1(97) · 72 Stat. 1437

   Substituted · 10 U.S.C. § 7325(b)

   Pub. L. 85–861 substituted “section 972 of this title” for “section 3638 of this title”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 85–861 substituted “section 972 of this title” for “section 3638 of this title”.

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

3. 1980

   Military Personnel and Compensation Amendments of 1980

   Pub. L. 96–343 § 9(a)(2)(A) · 94 Stat. 1123

   Struck · 10 U.S.C. § 7325

   Pub. L. 96–343, § 9(a)(2)(A), struck out “regular” before “enlisted members” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 96–343, § 9(a)(2)(A), struck out “regular” before “enlisted members” in section catchline.

   Enacted provision · exact public law section
   (a) (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. 1980

   Military Personnel and Compensation Amendments of 1980

   Pub. L. 96–343 § 9(a)(2)(B) · 94 Stat. 1123

   Substituted · 10 U.S.C. § 7325(a)

   Pub. L. 96–343, § 9(a)(2)(B), substituted “an enlisted” for “a regular enlisted”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–343, § 9(a)(2)(B), substituted “an enlisted” for “a regular enlisted”.

   Enacted provision · exact public law section
   (a) (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.”.

5. 1986

   Pub. L. 99–348 title II § 202(c) · 100 Stat. 682

   Added · 10 U.S.C. § 7325(c)

   Pub. L. 99–348 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–348 added subsec. (c).

   Enacted provision · exact public law section
   (c) Conforming Amendment.— Section 3925 is amended by adding at the end the following new subsection: “(c) In determining a member’s years of service under subsection (a) for the purpose of computing the member’s retired pay under section 3991 of this title— Ante, p. 694. “(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as ⅟12 of a year; and “(2) any remaining fractional part of a year shall be disregarded.”

6. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 635(a)(1)(A) · 108 Stat. 2663

   Struck · 10 U.S.C. § 7325(a)

   Pub. L. 103–337, § 635(a)(1)(A), struck out “and of computing his retired pay under section 3991 of this title,” after “3917 of this title,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–337, § 635(a)(1)(A), struck out “and of computing his retired pay under section 3991 of this title,” after “3917 of this title,”.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking out “and of computing his retired pay under section 3991 of this title,”; and

7. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 635(a)(1)(B) · 108 Stat. 2663

   Struck · 10 U.S.C. § 7325(c)

   Pub. L. 103–337, § 635(a)(1)(B), struck out subsec. (c) which read as follows: “In determining a member’s years of service under subsection (a) for the purpose of computing the member’s retired pay under section 3991 of this title—

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–337, § 635(a)(1)(B), struck out subsec. (c) which read as follows: “In determining a member’s years of service under subsection (a) for the purpose of computing the member’s retired pay under section 3991 of this title—

   “(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and “(2) any remaining fractional part of a year shall be disregarded.”

   Enacted provision · exact public law section
   (B) by striking out subsection (c).

8. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title V § 561(d)(2)(A) · 110 Stat. 186

   Substituted · 10 U.S.C. § 7325(b)

   Pub. L. 104–106 substituted “section 972(a)” for “section 972”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–106 substituted “section 972(a)” for “section 972”.

   Enacted provision · exact public law section
   (A) in section 3925(b), by striking out “section 972” and inserting in lieu thereof “section 972(a)”; and

9. 2018

   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. § 7325

   Pub. L. 115–232, § 808(b)(12), renumbered section 3925 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232, § 808(b)(12), renumbered section 3925 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.

10. 2018

    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. § 7325(a)

    Pub. L. 115–232, § 809(a), substituted “section 7314 or 7317” for “section 3914 or 3917”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 7314 or 7317” for “section 3914 or 3917”.

    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.

9 of 10 references resolved to an enrolled provision · 1 partial