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
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.
This section applies to—
warrant officers of the Army;
enlisted members of the Regular Army; and
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.
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, § 3964Pub. 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.”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”.National Defense Authorization Act for Fiscal Years 1988 and 1989
Pub. L. 100–180 div. A title V § 512(a) · 101 Stat. 1019
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
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).”.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 section | Source (U.S. Code) | Source (Statutes at Large) |
| 3964 | 10:594 (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 section | Source (U.S. Code) | Source (Statutes at Large) |
| 3964 | 10 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
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 231, § 3964
- 1958Pub. L. 85–861, § 1(100), , 72 Stat. 1489
- 1984Pub. L. 98–525, title V, § 533(c), , 98 Stat. 2528
- 1987Pub. L. 100–180, div. A, title V, § 512(a), , 101 Stat. 1089
- 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.)