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Title 10 — Armed Forces

Part II · Chapter 841 — Voluntary Retirement

§ 8322. Officers: 30 years

Statutory text

(a)

An 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 30 or more years of active service may, in the discretion of the Secretary of the Navy, be retired.

(b)

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.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6322 · 70A Stat. 394

    Enacted · 10 U.S.C. § 8322

    Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6322

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6322

  2. Department of Defense Authorization Act, 1981

    Pub. L. 96–342 title VIII § 813(d)(1) · 94 Stat. 1077

    1. Amended · 10 U.S.C. § 8322(c)

      Pub. L. 96–342 designated existing provisions as par. (1)

    2. Inserted · 10 U.S.C. § 8322(c)

      Pub. L. 96–342 inserted provision limiting applicability to officers who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981

    3. Added · 10 U.S.C. § 8322(c)

      Pub. L. 96–342 added par. (2)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–342 designated existing provisions as par. (1), inserted provision limiting applicability to officers who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added par. (2).

    Enacted provision · exact public law section
    (1) Subsection (c) of section 6322 of title 10, United States Code, is amended to read as follows: “(c) Each officer who is retired under this section is entitled to retired pay— “(1) in the case of an officer who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) before the date of the enactment of the Department of Defense Authorization Act, 1981, at the rate of 75 percent of the highest basic pay of the grade in which retired; or “(2) in the case of an officer who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) on or after the date of the enactment of the Department of Defense Authorization Act, 1981, at the rate of 75 percent of the monthly retired pay base computed under section 1407(d) of this title.”.

  3. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 513(17) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 8322(c)

    Pub. L. 96–513 substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–513 substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.

    Enacted provision · exact public law section
    (17) The following sections are each amended by striking out “the date of the enactment of the Department of Defense Ante, p. 1077. Authorization Act, 1981” each place it appears and inserting in lieu thereof “September 8, 1980”: sections 6151(b), 6151(c), 6322(c), 6323(e), 6325(a)(2), 6325(b)(2), 6326(c)(2), 6330(0, and 6383(c)(2).

  4. Pub. L. 99–348 title II § 203(b)(1) · 100 Stat. 682

    Struck · 10 U.S.C. § 8322(c)

    Pub. L. 99–348 struck out subsec. (c) which provided that each officer retired under this section be entitled to retired pay, in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, at the rate of 75 percent of the highest basic pay of the grade in which retired, and in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, at the rate of 75 percent of the monthly retired pay base computed under section 1407(d)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–348 struck out subsec. (c) which provided that each officer retired under this section be entitled to retired pay, in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, at the rate of 75 percent of the highest basic pay of the grade in which retired, and in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, at the rate of 75 percent of the monthly retired pay base computed under section 1407(d).

    Enacted provision · exact public law section
    (1) Section 6322 is amended by striking out subsection (c). 10 USC 6322.

  5. 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. § 8322

    Pub. L. 115–232 renumbered section 6322 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 6322 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.

6 of 7 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
632234 U.S.C. 383.May 13, 1908, ch. 166, 35 Stat. 128 (8th sentence, less proviso); June 17, 1948, ch. 497, § 1(d), 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 words “after completing 30 or more years of active service” are substituted for the words “has been thirty years in the service” for clarity. The words “retired from active service” are omitted as surplusage.

Subsection (b) is added to clarify the word “service”. It has been consistently interpreted to include active service in the armed forces as defined in this title.

In subsection (c) the words “is entitled to retired pay at the rate of 75 percent of the highest basic pay of the grade in which retired” are substituted for the words “with three-fourths of the highest pay of his grade” for clarity and uniformity of expression.

Editorial Notes

Amendments1980–2018 · 3 rounds

2018

Pub. L. 115–232 renumbered section 6322 of this title as this section.

1986

Subsec. (c). Pub. L. 99–348 struck out subsec. (c) which provided that each officer retired under this section be entitled to retired pay, in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), before , at the rate of 75 percent of the highest basic pay of the grade in which retired, and in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after , at the rate of 75 percent of the monthly retired pay base computed under section 1407(d).

1980

Subsec. (c). Pub. L. 96–513 substituted “” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.

Pub. L. 96–342 designated existing provisions as par. (1), inserted provision limiting applicability to officers who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added par. (2).

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

Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Credits

1956–2018 · 5 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6322
  2. 1980Pub. L. 96–342, title VIII, § 813(d)(1), , 94 Stat. 1104
  3. 1980Pub. L. 96–513, § 513(17), , 94 Stat. 2932
  4. 1986Pub. L. 99–348, title II, § 203(b)(1), , 100 Stat. 696
  5. 2018renumbered § 8322, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), , 132 Stat. 1836.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6322; Pub. L. 96–342, title VIII, § 813(d)(1), , 94 Stat. 1104; Pub. L. 96–513, § 513(17), , 94 Stat. 2932; Pub. L. 99–348, title II, § 203(b)(1), , 100 Stat. 696; renumbered § 8322, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), , 132 Stat. 1836.)

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