§ 8321. Officers: 40 years

Statutory text

Each officer of the Regular Navy or the Regular Marine Corps holding a permanent appointment in the grade of warrant officer, W–1, or above who applies for retirement after completing 40 or more years of active service shall be retired by the Secretary of the Navy.

For the purpose of this section, an officer’s years of active service are computed by adding all his active service in the armed forces.

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. 393, § 6321 · 70A Stat. 393
Enacted · 10 U.S.C. § 8321
Aug. 10, 1956, ch. 1041, 70A Stat. 393, § 6321
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 393, § 6321
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 807(b)(15) · 132 Stat. 1636
Changed · 10 U.S.C. § 8321
Pub. L. 115–232 renumbered section 6321 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232 renumbered section 6321 of this title as this section.
Enacted provision · exact public law section
(15) Chapter 571.— Each section in chapter 571 10 USC 8321–8336. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,000.
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.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6321	34 U.S.C. 381.	R.S. 1443; June 17, 1948, ch. 497, § 1(a), 62 Stat. 477.
	34 U.S.C. 879 (less applicability to enlisted men).	June 4, 1920, ch. 228, § 3 (3d proviso, less applicability to enlisted men), 41 Stat. 835.
	34 U.S.C. 626–1(a) (1st sentence).	Aug. 7, 1947, ch. 512, § 314(a) (1st sentence), 61 Stat. 863; May 5, 1954, ch. 180, § 205, 68 Stat. 68.

In subsection (a) the words “Regular” and “holding a permanent appointment in the grade of warrant officer, W–1, or above” are inserted for clarity. The word “shall” is substituted for the word “may” because the Attorney General has construed R.S. 1443 as conferring a right to retirement upon officers who apply for it after 40 years of service (30 Op. Atty. Gen. 406). The words “from active service” are omitted as surplusage. The words “after completing 40 or more years of active service” are substituted for the words “has been forty years in the service of the United States” for clarity.

In subsection (b) the accepted meaning of the words “service of the United States” is spelled out for clarity. They have been consistently interpreted to include active service in the armed forces as defined in this title.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6321 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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.

Credits

1956–2018 · 2 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 393, § 6321
2018renumbered § 8321, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 393, § 6321; renumbered § 8321, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)