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119th Congress

Title 10 — Armed Forces

Part II · Chapter 841 — Voluntary Retirement

§ 8323. Officers: 20 years

Statutory text

(a)
(1)

An officer of the Navy or the Marine Corps who applies for retirement after completing more than 20 years of active service, of which at least 10 years was service as a commissioned officer, may, in the discretion of the President, be retired on the first day of any month designated by the President.

(2)
(A)

The Secretary of Defense may authorize the Secretary of the Navy, during the period specified in subparagraph (B), to reduce the requirement under paragraph (1) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary) of not less than eight years.

(B)

The period specified in this subparagraph is the period beginning on , and ending on .

(b)

For the purposes of this section—

(1)

an officer’s years of active service are computed by adding all his active service in the armed forces; and

(2)

his years of service as a commissioned officer are computed by adding all his active service in the armed forces under permanent or temporary appointments in grades above warrant officer, W–1.

(c)

The retired grade of an officer retired under this section is the grade determined under section 1370 or 1370a of this title, as applicable.

(d)

A warrant officer who retires under this section may elect to be placed on the retired list in the highest grade and with the highest retired pay to which he is entitled under any provision of this title. If the pay of that highest grade is less than the pay of any warrant grade satisfactorily held by him on active duty, his retired pay shall be based on the higher pay.

(e)

Unless otherwise entitled to higher pay, an officer retired under this section is entitled to retired pay computed under section 8333 of this title.

(f)

Officers of the Navy Reserve and the Marine Corps Reserve who were transferred to the Retired Reserve from an honorary retired list under section 213(b) of the Armed Forces Reserve Act of 1952 (66 Stat. 485), or are transferred to the Retired Reserve under section 8327 of this title, may be retired under this section, notwithstanding their retired status, if they are otherwise eligible.

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, § 6323 · 70A Stat. 394

    Enacted · 10 U.S.C. § 8323

    Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6323

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6323

  2. Pub. L. 85–861 § 1(142) · 72 Stat. 1437

    Substituted · 10 U.S.C. § 8323(a)

    Pub. L. 85–861 substituted “first day of any month” for “first day of the month”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 85–861 substituted “first day of any month” for “first day of the month”.

    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. Pub. L. 85–861 § 1(142) · 72 Stat. 1437

    Inserted · 10 U.S.C. § 8323(b)

    Pub. L. 85–861 inserted provisions in cl. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 85–861 inserted provisions in cl. (2).

    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.”

  4. Pub. L. 85–861 § 1(142) · 72 Stat. 1437

    1. Added · 10 U.S.C. § 8323(c)(f)

      Pub. L. 85–861 added subsecs. (c) to (e)

    2. Redesignated · 10 U.S.C. § 8323(c)(f)

      Pub. L. 85–861 redesignated former subsec. (c) as (f)

    Source evidence

    Code amendment note
    Subsecs. (c) to (f). Pub. L. 85–861 added subsecs. (c) to (e) and redesignated former subsec. (c) as (f).

    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.”

  5. Uniformed Services Pay Act of 1963

    Pub. L. 88–132 § 5(h)(4) · 77 Stat. 194

    Substituted · 10 U.S.C. § 8323(e)

    Pub. L. 88–132 substituted “of” for “to which he would be entitled if serving on active duty in” after “2½ percent of the basic pay”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 88–132 substituted “of” for “to which he would be entitled if serving on active duty in” after “2½ percent of the basic pay”.

    Enacted provision · exact public law section
    (4) Sections 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6326 (c)(2), 6381(a)(2), 6383(c)(2), 6390(b)(2), and 6394(h) are each amended by striking out the words “to which he would be entitled if serving on active duty in” and inserting in place there of the word “of”.

  6. Department of Defense Authorization Act, 1981

    Pub. L. 96–342 title VIII § 813(d)(2) · 94 Stat. 1077

    1. Amended · 10 U.S.C. § 8323(e)

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

    2. Inserted · 10 U.S.C. § 8323(e)

      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. § 8323(e)

      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
    (2) Subsection (e) of section 6323 of such title is amended to read as follows: “(e) Unless otherwise entitled to higher pay, an officer 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 214 percent of the 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 214 percent of the monthly retired pay base computed under section 1407(d) of this title; multiplied by the number of years of service that may be credited to 10 USC 1405. him under section 1405 of this title, but the retired pay so computed may not be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay is based.”.

  7. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 503(47)(A) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 8323(c)

    Pub. L. 96–513, § 503(47)(A), substituted provisions that the retired grade of an officer retired under this section is the grade determined under section 1370 of this title for provisions that had set the grade of officers retired under this section at the highest grade, permanent or temporary, in which he had served satisfactorily on active duty as determined by the Secretary of the Navy; or, if the Secretary determined that he had not served satisfactorily in his highest temporary grade, in the next lower grade in which he had served, but not lower than his permanent grade

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–513, § 503(47)(A), substituted provisions that the retired grade of an officer retired under this section is the grade determined under section 1370 of this title for provisions that had set the grade of officers retired under this section at the highest grade, permanent or temporary, in which he had served satisfactorily on active duty as determined by the Secretary of the Navy; or, if the Secretary determined that he had not served satisfactorily in his highest temporary grade, in the next lower grade in which he had served, but not lower than his permanent grade.

    Enacted provision · exact public law section
    (A) Section 6323(c) is amended to read as follows: “(c) The retired grade of an officer retired under this section is the grade determined under section 1370 of this title.”.

  8. Defense Officer Personnel Management Act

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

    Substituted · 10 U.S.C. § 8323(e)

    Pub. L. 96–513, § 513(17), 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. (e). Pub. L. 96–513, § 513(17), 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).

  9. Pub. L. 99–348 title II § 203(b)(2) · 100 Stat. 682

    Substituted · 10 U.S.C. § 8323(e)

    Pub. L. 99–348 substituted provision that retired pay be computed under section 6333 for provision that 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, be at the rate of 2½ percent of the basic pay of the grade in which retired, or 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, be at the rate of 2½ percent of the monthly retired pay base computed under section 1407(d), which rates were to be multiplied by the number of years of service credited under section 1405, but such retired pay was not to be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay was based

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–348 substituted provision that retired pay be computed under section 6333 for provision that 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, be at the rate of 2½ percent of the basic pay of the grade in which retired, or 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, be at the rate of 2½ percent of the monthly retired pay base computed under section 1407(d), which rates were to be multiplied by the number of years of service credited under section 1405, but such retired pay was not to be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay was based.

    Enacted provision · exact public law section
    (2) Section 6323(e) is amended by striking out “retired pay—” and all that follows and inserting in lieu thereof “retired pay computed under section 6333 of this title.”. Ante, p. 695.

  10. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. A title V § 523(b) · 104 Stat. 1485

    1. Amended · 10 U.S.C. § 8323(a)

      Pub. L. 101–510 designated existing provisions as par. (1)

    2. Added · 10 U.S.C. § 8323(a)

      Pub. L. 101–510 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–510 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (b) Navy and Marine Corps.— Section 6323(a) of such title is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding at the end the following: “(2) The Secretary of Defense may authorize the Secretary of the Navy, during the five-year period beginning on October 1, 1990, to reduce the requirement under paragraph (1) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary) of not less than eight years.”.

  11. Pub. L. 103–160 div. A title V § 561(c) · 107 Stat. 1547

    Substituted · 10 U.S.C. § 8323(a)(2)

    Pub. L. 103–160 substituted “nine-year period” for “five-year period”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 103–160 substituted “nine-year period” for “five-year period”.

    Enacted provision · exact public law section
    (c) Required Length of Commissioned Service for Voluntary Retirement as an Officer.— Sections 3911(b), 6323(a)(2), and 8911(b) of title 10, United States Code, are each amended by striking out “five-year period” and inserting in lieu thereof “nine-year period”.

  12. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 div. A title V § 561(e) · 112 Stat. 1920

    Substituted · 10 U.S.C. § 8323(a)(2)

    Pub. L. 105–261 substituted “during the period beginning on October 1, 1990, and ending on September 30, 2001” for “during the nine-year period beginning on October 1, 1990”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 105–261 substituted “during the period beginning on October 1, 1990, and ending on September 30, 2001” for “during the nine-year period beginning on October 1, 1990”.

  13. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 10 U.S.C. § 8323(a)(2)

    Pub. L. 106–398 substituted “December 31, 2001” for “September 30, 2001”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 106–398 substituted “December 31, 2001” for “September 30, 2001”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  14. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 502(b) · 119 Stat. 3136

    1. Amended · 10 U.S.C. § 8323(a)(2)

      Pub. L. 109–163, § 502(b), designated existing provisions as subpar. (A)

    2. Substituted · 10 U.S.C. § 8323(a)(2)

      Pub. L. 109–163, § 502(b), substituted “during the period specified in subparagraph (B),” for “during the period beginning on October 1, 1990, and ending on December 31, 2001”

    3. Added · 10 U.S.C. § 8323(a)(2)

      Pub. L. 109–163, § 502(b), added subpar. (B)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–163, § 502(b), designated existing provisions as subpar. (A), substituted “during the period specified in subparagraph (B),” for “during the period beginning on October 1, 1990, and ending on December 31, 2001”, and added subpar. (B).

    Enacted provision · exact public law section
    (b) Navy and Marine Corps.— Section 6323(a)(2) of such title is amended— (1) by inserting “(A)” after “(2)”; (2) in subparagraph (A), as so designated, by striking “during the period beginning on October 1, 1990, and ending on December 31, 2001” and inserting “during the period specified in subparagraph (B),”; and (3) by adding at the end the following new subparagraph: “(B) The period specified in this subparagraph is the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006 and ending on December 31, 2008.” .

  15. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 515(b)(1)(H) · 119 Stat. 3136

    Substituted · 10 U.S.C. § 8323(f)

    Pub. L. 109–163, § 515(b)(1)(H), substituted “Navy Reserve” for “Naval Reserve”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–163, § 515(b)(1)(H), substituted “Navy Reserve” for “Naval Reserve”.

    Enacted provision · exact public law section
    (H) Section 6323(f).

  16. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title X § 1071(a)(33) · 120 Stat. 2083

    1. Struck · 10 U.S.C. § 8323(a)(2)

      Pub. L. 109–364 struck out second comma after “subparagraph (B)” in subpar. (A)

    2. Substituted · 10 U.S.C. § 8323(a)(2)

      Pub. L. 109–364 substituted “January 6, 2006,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006” in subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–364 struck out second comma after “subparagraph (B)” in subpar. (A) and substituted “January 6, 2006,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006” in subpar. (B).

    Enacted provision · exact public law section
    (33) Section 6323(a)(2) is amended— (A) in subparagraph (A), by striking the second comma after “subparagraph (B)”; and (B) in subparagraph (B), by striking “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006” and inserting “January 6, 2006,”.

  17. Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title V § 506(b) · 124 Stat. 4137

    Substituted · 10 U.S.C. § 8323(a)(2)(B)

    Pub. L. 111–383 substituted “the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013” for “January 6, 2006, and ending on December 31, 2008”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 111–383 substituted “the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013” for “January 6, 2006, and ending on December 31, 2008”.

    Enacted provision · exact public law section
    (b) Navy and Marine Corps.— Section 6323(a)(2)(B) of such title is amended by striking “January 6, 2006, and ending on December 31, 2008” and inserting “the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013”.

  18. National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1076(e)(6) · 126 Stat. 1632

    Substituted · 10 U.S.C. § 8323(a)(2)(B)

    Pub. L. 112–239, § 1076(e)(6), substituted “January 7, 2011,” for “the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 112–239, § 1076(e)(6), substituted “January 7, 2011,” for “the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011”.

    Enacted provision · exact public law section
    (6) Sections 3911(b)(2), 6323(a)(2)(B), and 8911(b)(2) are amended by striking “the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011” and inserting “January 7, 2011,”.

  19. National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 505(b) · 126 Stat. 1632

    Substituted · 10 U.S.C. § 8323(a)(2)(B)

    Pub. L. 112–239, § 505(b), substituted “September 30, 2018” for “September 30, 2013”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–239, § 505(b), substituted “September 30, 2018” for “September 30, 2013”.

    Enacted provision · exact public law section
    (b) Navy and Marine Corps.— Section 6323(a)(2)(B) of such title is amended by striking “September 30, 2013” and inserting “September 30, 2018”.

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

    Pub. L. 115–232 § 807(b)(15) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8323

    Pub. L. 115–232, § 807(b)(15), renumbered section 6323 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 807(b)(15), renumbered section 6323 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.

  21. 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. § 8323(e)

    Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”.

    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.

  22. 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. § 8323(f)

    Pub. L. 115–232, § 809(a), substituted “section 8327” for “section 6327”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–232, § 809(a), substituted “section 8327” for “section 6327”.

    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.

  23. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title V § 508(b)(3)(B) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 8323(c)

    Pub. L. 116–283 substituted “section 1370 or 1370a of this title, as applicable” for “section 1370 of this title”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283 substituted “section 1370 or 1370a of this title, as applicable” for “section 1370 of this title”.

    Enacted provision · exact public law section
    (B) In section 8323(c), by striking “section 1370 of this title” and inserting “section 1370 or 1370a of this title, as applicable”.

28 of 30 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6323(a), (b)34 U.S.C. 410b.Feb. 21, 1946, ch. 34, § 6, 60 Stat. 27.
6323(c)34 U.S.C. 410b–1.Apr. 14, 1949, ch. 52, § 1 (less applicability to Act of June 29, 1948, ch. 708, § 301(b), 62 Stat. 1087), 63 Stat. 47.

In subsection (b) the words “or the Reserve Components thereof” are omitted because the terms “Navy”, “Marine Corps”, and “Coast Guard” include the reserve components. The words “including active duty for training” are omitted because the term “active duty” is defined in this title as including training duty.

The Act of (34 U.S.C. 410b–1), extending the benefits of 34 U.S.C. 410b to officers on the honorary retired lists, was enacted because the Comptroller General had held that these officers, being already in a retired status, could not be retired under 34 U.S.C. 410b (U.S. Code Congressional Service, 1949, p. 1179). The provisions of the Naval Reserve Act of 1938 relating to the honorary retired lists were repealed by § 803 of the Armed Forces Reserve Act of 1952, but insofar as they provided for retirement and retired pay they were reenacted, for a period of 20 years, in § 413 of that act (50 U.S.C. 1052). Persons on the honorary retired lists when the Armed Forces Reserve Act of 1952 was passed were transferred to the appropriate Retired Reserve under § 213 of the Act. Persons qualifying for retirement under § 413 are likewise placed in the Retired Reserve. The purpose of Congress in enacting § 413 was to preserve the accrued rights of persons who were members of reserve components on , the effective date of the Act (U.S. Code Congressional and Administrative News, 1952, p. 3584). One of their rights was the right to apply for retirement under 34 U.S.C. 410b upon completion of the required service, notwithstanding the fact that, before qualifying for retirement under that section, they had already acquired a retired status. Subsection (c) is worded accordingly.

historicalAndRevision
1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6323(a), (b)34 App.:410b.Aug. 4, 1955, ch. 553, § 1, 69 Stat. 493; Aug. 9, 1955, ch. 678, § 1(a), (b), 69 Stat. 614.
6323(c), (e)[No source].[No source].
6323(d)[No source].[No source].
6323(f)[No source].[No source].

In subsection (b), the words “armed forces” are substituted for the words “Navy, Marine Corps, Army, Air Force, or Coast Guard, or the Reserve Components thereof” because “armed forces”, as defined in this title, is a collective term for these elements.

Subsections (c) and (e) state rules, formerly stated in section 6325, with respect to officers retired under this section.

Subsection (d) states a rule, formerly stated in section 6325, with respect to warrant officers retired under this section.

In subsections (c) and (e), the words “Unless otherwise entitled to a higher grade” and “Unless otherwise entitled to higher pay” are substituted for 34 App.:410c(b).

In subsection (d), the second and third provisos of 34 App.:410b, relating to officers whose basic pay is not based on years of service, is omitted as obsolete. Under the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.), the basic pay of all officers is based on years of service. The subsection is worded to conform to the terminology of the Career Compensation Act of 1949 and to make clear the fact that the amount of retired pay is not permanently fixed at the time of retirement but is subject to change when rates of basic pay are changed, as provided in 34 App.:410q.

Subsection (f) was formerly subsection (c).

Editorial Notes

References in Text

Section 213(b) of the Armed Forces Reserve Act of 1952 (66 Stat. 485), referred to in subsec. (f), was classified to section 933 of Title 50, War and National Defense, and was repealed by section 53 of act .

Amendments1958–2021 · 13 rounds

2021

Subsec. (c). Pub. L. 116–283 substituted “section 1370 or 1370a of this title, as applicable” for “section 1370 of this title”.

2018

Pub. L. 115–232, § 807(b)(15), renumbered section 6323 of this title as this section.

Subsec. (e). Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”.

Subsec. (f). Pub. L. 115–232, § 809(a), substituted “section 8327” for “section 6327”.

2013

Subsec. (a)(2)(B). Pub. L. 112–239, § 1076(e)(6), substituted “,” for “the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011”.

Pub. L. 112–239, § 505(b), substituted “” for “”.

2011

Subsec. (a)(2)(B). Pub. L. 111–383 substituted “the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on ” for “, and ending on ”.

2006

Subsec. (a)(2). Pub. L. 109–364 struck out second comma after “subparagraph (B)” in subpar. (A) and substituted “,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006” in subpar. (B).

Pub. L. 109–163, § 502(b), designated existing provisions as subpar. (A), substituted “during the period specified in subparagraph (B),” for “during the period beginning on , and ending on ”, and added subpar. (B).

Subsec. (f). Pub. L. 109–163, § 515(b)(1)(H), substituted “Navy Reserve” for “Naval Reserve”.

2000

Subsec. (a)(2). Pub. L. 106–398 substituted “” for “”.

1998

Subsec. (a)(2). Pub. L. 105–261 substituted “during the period beginning on , and ending on ” for “during the nine-year period beginning on ”.

1993

Subsec. (a)(2). Pub. L. 103–160 substituted “nine-year period” for “five-year period”.

1990

Subsec. (a). Pub. L. 101–510 designated existing provisions as par. (1) and added par. (2).

1986

Subsec. (e). Pub. L. 99–348 substituted provision that retired pay be computed under section 6333 for provision that 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 , be at the rate of 2½ percent of the basic pay of the grade in which retired, or 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 , be at the rate of 2½ percent of the monthly retired pay base computed under section 1407(d), which rates were to be multiplied by the number of years of service credited under section 1405, but such retired pay was not to be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay was based.

1980

Subsec. (c). Pub. L. 96–513, § 503(47)(A), substituted provisions that the retired grade of an officer retired under this section is the grade determined under section 1370 of this title for provisions that had set the grade of officers retired under this section at the highest grade, permanent or temporary, in which he had served satisfactorily on active duty as determined by the Secretary of the Navy; or, if the Secretary determined that he had not served satisfactorily in his highest temporary grade, in the next lower grade in which he had served, but not lower than his permanent grade.

Subsec. (e). Pub. L. 96–513, § 513(17), 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).

1963

Subsec. (e). Pub. L. 88–132 substituted “of” for “to which he would be entitled if serving on active duty in” after “2½ percent of the basic pay”.

1958

Subsec. (a). Pub. L. 85–861 substituted “first day of any month” for “first day of the month”.

Subsec. (b). Pub. L. 85–861 inserted provisions in cl. (2).

Subsecs. (c) to (f). Pub. L. 85–861 added subsecs. (c) to (e) and redesignated former subsec. (c) as (f).

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 section 503(47) of Pub. L. 96–513 effective , and amendment by section 513(17) of Pub. L. 96–513 effective , see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective , see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.

Temporary Early Retirement Authority

For provisions authorizing the Secretary of the Navy, during the period beginning , and ending , to apply this section to an officer with at least 15 but less than 20 years of service by substituting “at least 15 years” for “at least 20 years” in subsec. (a) of this section, see section 4403 of Pub. L. 102–484, set out as a note under section 1293 of this title.

Executive Documents

Delegation of Functions

Functions of President under subsec. (a) to approve application of an officer of Navy or Marine Corps for retirement after completion of more than 20 years of active service and to designate month in which such retirements shall become effective delegated to Secretary of Defense to perform, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, see Ex. Ord. No. 12396, §§ 1(e), 3, , 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President.

For delegation to Secretary of Homeland Security of authority vested in President, see section 2(g) of Ex. Ord. No. 10637, , 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President.

Credits

1956–2021 · 16 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6323
  2. 1958Pub. L. 85–861, § 1(142), , 72 Stat. 1509
  3. 1963Pub. L. 88–132, § 5(h)(4), , 77 Stat. 214
  4. 1980Pub. L. 96–342, title VIII, § 813(d)(2), , 94 Stat. 1104
  5. 1980Pub. L. 96–513, title V, §§ 503(47)(A), 513(17), , 94 Stat. 2914, 2932
  6. 1986Pub. L. 99–348, title II, § 203(b)(2), , 100 Stat. 696
  7. 1990Pub. L. 101–510, div. A, title V, § 523(b), , 104 Stat. 1562
  8. 1993Pub. L. 103–160, div. A, title V, § 561(c), , 107 Stat. 1667
  9. 1998Pub. L. 105–261, div. A, title V, § 561(e), , 112 Stat. 2025
  10. 2000Pub. L. 106–398, § 1 [[div. A], title V, § 571(e)], , 114 Stat. 1654, 1654A–134
  11. 2006Pub. L. 109–163, div. A, title V, §§ 502(b), 515(b)(1)(H), , 119 Stat. 3225, 3233
  12. 2006Pub. L. 109–364, div. A, title X, § 1071(a)(33), , 120 Stat. 2400
  13. 2011Pub. L. 111–383, div. A, title V, § 506(b), , 124 Stat. 4210
  14. 2013Pub. L. 112–239, div. A, title V, § 505(b), title X, § 1076(e)(6), , 126 Stat. 1715, 1951
  15. 2018renumbered § 8323 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), , 132 Stat. 1836, 1840
  16. 2021Pub. L. 116–283, div. A, title V, § 508(b)(3)(B), , 134 Stat. 3585.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6323; Pub. L. 85–861, § 1(142), , 72 Stat. 1509; Pub. L. 88–132, § 5(h)(4), , 77 Stat. 214; Pub. L. 96–342, title VIII, § 813(d)(2), , 94 Stat. 1104; Pub. L. 96–513, title V, §§ 503(47)(A), 513(17), , 94 Stat. 2914, 2932; Pub. L. 99–348, title II, § 203(b)(2), , 100 Stat. 696; Pub. L. 101–510, div. A, title V, § 523(b), , 104 Stat. 1562; Pub. L. 103–160, div. A, title V, § 561(c), , 107 Stat. 1667; Pub. L. 105–261, div. A, title V, § 561(e), , 112 Stat. 2025; Pub. L. 106–398, § 1 [[div. A], title V, § 571(e)], , 114 Stat. 1654, 1654A–134; Pub. L. 109–163, div. A, title V, §§ 502(b), 515(b)(1)(H), , 119 Stat. 3225, 3233; Pub. L. 109–364, div. A, title X, § 1071(a)(33), , 120 Stat. 2400; Pub. L. 111–383, div. A, title V, § 506(b), , 124 Stat. 4210; Pub. L. 112–239, div. A, title V, § 505(b), title X, § 1076(e)(6), , 126 Stat. 1715, 1951; renumbered § 8323 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), , 132 Stat. 1836, 1840; Pub. L. 116–283, div. A, title V, § 508(b)(3)(B), , 134 Stat. 3585.)

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