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Title 10 — Armed Forces

Part II · Chapter 743 — Retired Grade

§ 7344. Higher grade after 30 years of service: warrant officers and enlisted members

Statutory text

(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).

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. 231, § 3964 · 70A Stat. 231

    Enacted · 10 U.S.C. § 7344

    Aug. 10, 1956, ch. 1041, 70A Stat. 231, § 3964

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 231, § 3964

  2. Pub. L. 85–861 § 1(100) · 72 Stat. 1437

    Struck · 10 U.S.C. § 7344

    Pub. L. 85–861 struck out “, after September 8, 1940 and before July 1, 1946” after “Secretary of the Army”

    Source evidence

    Code amendment note
    Pub. L. 85–861 struck out “, after September 8, 1940 and before July 1, 1946” after “Secretary of the Army”.

    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. Department of Defense Authorization Act, 1985

    Pub. L. 98–525 title V § 533(c) · 98 Stat. 2492

    Substituted · 10 U.S.C. § 7344

    Pub. L. 98–525 substituted “highest grade” for “highest temporary grade”

    Source evidence

    Code amendment note
    Pub. L. 98–525 substituted “highest grade” for “highest temporary grade”.

    Enacted provision · exact public law section
    (c) Sections 3964 and 8964 of such title are amended by striking out “temporary”.

  4. National Defense Authorization Act for Fiscal Years 1988 and 1989

    Pub. L. 100–180 div. A title V § 512(a) · 101 Stat. 1019

    1. Substituted · 10 U.S.C. § 7344

      Pub. L. 100–180 substituted “warrant officers and enlisted members” for “Army warrant officers; regular enlisted members” in section catchline

    2. Amended · 10 U.S.C. § 7344

      Pub. L. 100–180 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (a) Army.— Section 3964 of title 10, United States Code, is amended to read as follows: “§ 3964. 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; “(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).”.

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

    Pub. L. 115–232 div. A title VIII § 808(b)(13) · 132 Stat. 1636

    Changed · 10 U.S.C. § 7344

    Pub. L. 115–232 renumbered section 3964 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 3964 of this title as this section.

    Enacted provision · exact public law section
    (13) Chapter 369.— Sections 3961, 3962, 3963, 3964, 3965, and 3966 are redesignated as sections 7341, 7342, 7343, 7344, 7345, and 7346, respectively.

    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.

5 of 6 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)
396410:594 (1st proviso, less last 39 words; and last proviso).10:1004 (less 30 words before proviso).Aug. 21, 1941, ch. 384, § 5 (1st proviso, less last 39 words; and last proviso); restated June 29, 1948, ch. 708, § 203(c) (1st proviso, less last 39 words; and last proviso), 62 Stat. 1085; May 29, 1954, ch. 249, § 19(f), 68 Stat. 167.
  June 29, 1948, ch. 708, § 203(e) (less 30 words before proviso), 62 Stat. 1086.

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.

historicalAndRevision
1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
396410 App.:1004.May 31, 1956, ch. 348, § 1, 70 Stat. 222.

Editorial Notes

Prior Provisions

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), , 107 Stat. 1708.

Amendments1958–2018 · 4 rounds

2018

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 and before ” after “Secretary of the Army”.

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 1987 Amendment

Pub. L. 100–180, div. A, title V, § 512(f), , 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 []. 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.”

Credits

1956–2018 · 5 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 231, § 3964
  2. 1958Pub. L. 85–861, § 1(100), , 72 Stat. 1489
  3. 1984Pub. L. 98–525, title V, § 533(c), , 98 Stat. 2528
  4. 1987Pub. L. 100–180, div. A, title V, § 512(a), , 101 Stat. 1089
  5. 2018renumbered § 7344, Pub. L. 115–232, div. A, title VIII, § 808(b)(13), , 132 Stat. 1839.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 231, § 3964; Pub. L. 85–861, § 1(100), , 72 Stat. 1489; Pub. L. 98–525, title V, § 533(c), , 98 Stat. 2528; Pub. L. 100–180, div. A, title V, § 512(a), , 101 Stat. 1089; renumbered § 7344, Pub. L. 115–232, div. A, title VIII, § 808(b)(13), , 132 Stat. 1839.)

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