Title 10 — Armed Forces

Part II · Chapter 841 — Voluntary Retirement

§ 8326. Enlisted members: 30 years

Statutory text

Each enlisted member of the Regular Navy or the Regular Marine Corps who applies for retirement after completing 30 or more years of active service in the armed forces shall be retired by the President.

For the purpose of subsection (a), “enlisted member” includes a member of the Regular Navy or the Regular Marine Corps who holds a permanent enlisted grade and a temporary appointment in a commissioned or warrant officer grade.

Each person retired under this section—

unless otherwise entitled to a higher grade, shall be retired in the grade in which serving at the time of retirement; and

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

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. 395, § 6326 · 70A Stat. 395
Enacted · 10 U.S.C. § 8326
Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6326
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6326
1958
Pub. L. 85–422 § 6(9) · 72 Stat. 122
Substituted · 10 U.S.C. § 8326(c)(2)
Pub. L. 85–422 substituted “pay grade in which he was serving on the day before retirement” for “grade in which retired”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 85–422 substituted “pay grade in which he was serving on the day before retirement” for “grade in which retired”.
Enacted provision · exact public law section
(9) Section 6326 (c)(2) is amended by striking out the words Enlisted personnel. Thirty-year service. 70A Stat. 395. “grade in which retired” and inserting the words “pay grade in which he was serving on the day before retirement” in place thereof. The amendments made by clauses (1)–(3), (6), (7), (8), and (9) of this section do not apply to any person who is retired, or to whom retired pay (including temporary disability retired pay) is granted, before the effective date of this Act.
1958
Pub. L. 85–861 § 36B(20) · 72 Stat. 1437
Repealed · 10 U.S.C. § 8326(d)
Pub. L. 85–861 repealed subsec. (d) which related to grade of members serving in a grade to which they were appointed under section 5597 or promoted under section 5787 of this title
Source evidence
Code amendment note
Subsec. (d). Pub. L. 85–861 repealed subsec. (d) which related to grade of members serving in a grade to which they were appointed under section 5597 or promoted under section 5787 of this title.
1963
Uniformed Services Pay Act of 1963
Pub. L. 88–132 § 5(h)(4) · 77 Stat. 194
Substituted · 10 U.S.C. § 8326(c)(2)
Pub. L. 88–132 substituted “of” for “to which he would be entitled is serving on active duty in” after “75 percent of the basic pay”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 88–132 substituted “of” for “to which he would be entitled is serving on active duty in” after “75 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”.
1967
Pub. L. 90–207 § 3(3) · 81 Stat. 649
Inserted · 10 U.S.C. § 8326(c)(2)
Pub. L. 90–207 inserted “, or if he has served as senior enlisted advisor of the Navy or as sergeant major of the Marine Corps, he shall be entitled to retired pay at the rate of 75 percent of the highest basic pay to which he was entitled while so serving, if that rate is higher” after “retirement”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 90–207 inserted “, or if he has served as senior enlisted advisor of the Navy or as sergeant major of the Marine Corps, he shall be entitled to retired pay at the rate of 75 percent of the highest basic pay to which he was entitled while so serving, if that rate is higher” after “retirement”.
Enacted provision · exact public law section
(3) Clause (2) of section 6326(c) is amended to read as follows: Senior noncommissioned officers. 72 Stat. 129. “(2) unless otherwise entitled to higher pay, is entitled to retired pay at the rate of 75 percent of the basic pay of the pay grade in which he was serving on the day before retirement, or if he has served as senior enlisted advisor of the Navy or as sergeant major of the Marine Corps, he shall be entitled to retired pay at the rate of 75 percent of the highest basic pay to which he was entitled while so serving, if that rate is higher.”
1980
Department of Defense Authorization Act, 1981
Pub. L. 96–342 title VIII § 813(d)(4) · 94 Stat. 1077
1. Amended · 10 U.S.C. § 8326(c)(2)
  Pub. L. 96–342 designated existing provisions as subpar. (A)
2. Inserted · 10 U.S.C. § 8326(c)(2)
  Pub. L. 96–342 inserted provision limiting applicability to persons 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. § 8326(c)(2)
  Pub. L. 96–342 added subpar. (B)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–342 designated existing provisions as subpar. (A), inserted provision limiting applicability to persons who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added subpar. (B).
Enacted provision · exact public law section
(4) Clause (2) of section 6326(c) of such title is amended to read as 10 USC 6326. follows: “(2) unless otherwise entitled to higher pay, is entitled to retired pay— “(A) in the case of a person 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 basic pay of the pay grade in which he was serving on the day before retirement or, if he has served as senior enlisted advisor of the Navy or as sergeant major of the Marine Corps, 75 percent of the highest basic pay to which he was entitled while so serving, if that rate is higher; or “(B) in the case of a person 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, computed by multiplying the monthly retired pay base computed under section 1407(d) of this title by 75 percent.”.
1980
Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 513(17) · 94 Stat. 2835
1. Substituted · 10 U.S.C. § 8326(c)(2)
  Pub. L. 96–513 substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981”
2. Substituted · 10 U.S.C. § 8326(c)(2)
  Pub. L. 96–513 substituted “master chief petty officer” for “senior enlisted advisor”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 96–513 substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing, and “master chief petty officer” for “senior enlisted advisor”.
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).
1986
Pub. L. 99–348 title II § 203(b)(4) · 100 Stat. 682
Substituted · 10 U.S.C. § 8326(c)
Pub. L. 99–348 substituted provision that retired pay be computed under section 6333 for provision that retired pay, in the case of a person 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 75 percent of the basic pay of the pay grade in which he was serving on the day before retirement or, if he served as master chief petty officer of the Navy or as sergeant major of the Marine Corps, 75 percent of the highest basic pay to which he was entitled while so serving, if that rate was higher, or in the case of a person who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be computed by multiplying the monthly retired pay base computed under section 1407(d) by 75 percent
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–348 substituted provision that retired pay be computed under section 6333 for provision that retired pay, in the case of a person 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 75 percent of the basic pay of the pay grade in which he was serving on the day before retirement or, if he served as master chief petty officer of the Navy or as sergeant major of the Marine Corps, 75 percent of the highest basic pay to which he was entitled while so serving, if that rate was higher, or in the case of a person who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be computed by multiplying the monthly retired pay base computed under section 1407(d) by 75 percent.
Enacted provision · exact public law section
(4) Section 6326(c)(2) 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.”.
2018
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. § 8326
Pub. L. 115–232, § 807(b)(15), renumbered section 6326 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232, § 807(b)(15), renumbered section 6326 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.
2018
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. § 8326(c)(2)
Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”
Source evidence
Code amendment note
Subsec. (c)(2). 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.

11 of 13 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6326	34 U.S.C. 431.	Mar. 3, 1899, ch. 413, § 17, 30 Stat. 1008; Mar. 2, 1907, ch. 2515, § 1, 34 Stat. 1217.
	34 U.S.C. 432.	Mar. 3, 1899, ch. 413, § 17, 30 Stat. 1008; June 22, 1906, ch. 3518, 34 Stat. 451; Mar. 2, 1907, ch. 2515, § 1, 34 Stat. 1217; June 4, 1920, ch. 228, § 3 (3d proviso as applicable to enlisted men), 41 Stat. 835.
	34 U.S.C. 879 (as applicable to enlisted men).	June 4, 1920, ch. 228, § 3 (3d proviso as applicable to enlisted men), 41 Stat. 835.
	34 U.S.C. 3c(e).	Aug. 7, 1947, ch. 512, § 302(e), 61 Stat. 829.
	34 U.S.C. 350f(a) (less provisos).	July 24, 1941, ch. 320, § 7(a) (less provisos), 55 Stat. 604; Nov. 30, 1942, ch. 643, 56 Stat. 1023.
	34 U.S.C. 410m.	Aug. 7, 1947, ch. 512, § 316(j), 61 Stat. 868.
	34 U.S.C. 350i(e).	July 24, 1941, ch. 320, § 10(e), 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8(a), 60 Stat. 28.

In subsection (a) the word “Regular” is inserted before the words “Navy” and “Marine Corps” to reflect the longstanding interpretation that 34 U.S.C. 431 applies only to members of the Regular Navy and Regular Marine Corps. So much of the Act of March 2, 1907, ch. 2515, § 1 (34 U.S.C. 431), as pertains to allowances and rations was expressly repealed by the Act of June 16, 1942, ch. 413, 56 Stat. 369. The words “active service in the armed forces” are substituted for 34 U.S.C. 432 for brevity. The reference to the former Revenue Cutter Service in 34 U.S.C. 432 is omitted as obsolete, inasmuch as that Service was absorbed by the Coast Guard in 1915. If there are any enlisted men not yet retired who served in the Revenue Cutter Service, their right to count that service for the purpose of this section is protected by the saving provisions accompanying this title. The reference to active service in the Civil or Spanish-American War in 34 U.S.C. 432 is omitted as obsolete.

Subsection (b) is inserted to cover into the section permanent enlisted members who are temporarily appointed to commissioned or warrant grades.

In subsection (c) the word “grade” is substituted for the words “rating or rank” and the words “is entitled to retired pay at the rate of 75 percent of the basic pay to which he would be entitled if serving on active duty in the grade in which retired” are substituted for the words “and with 75 per centum of the pay of the said rating or rank” to conform to the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.).

Subsection (d) is substituted for 34 U.S.C. 350i(e) as that section pertains to voluntary retirement of enlisted members with 30 years of active service.

Editorial Notes

Amendments1958–2018 · 6 rounds

2018

Pub. L. 115–232, § 807(b)(15), renumbered section 6326 of this title as this section.

Subsec. (c)(2). Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”.

1986

Subsec. (c). Pub. L. 99–348 substituted provision that retired pay be computed under section 6333 for provision that retired pay, in the case of a person 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 75 percent of the basic pay of the pay grade in which he was serving on the day before retirement or, if he served as master chief petty officer of the Navy or as sergeant major of the Marine Corps, 75 percent of the highest basic pay to which he was entitled while so serving, if that rate was higher, or in the case of a person who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be computed by multiplying the monthly retired pay base computed under section 1407(d) by 75 percent.

1980

Subsec. (c)(2). Pub. L. 96–513 substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing, and “master chief petty officer” for “senior enlisted advisor”.

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

1967

Subsec. (c)(2). Pub. L. 90–207 inserted “, or if he has served as senior enlisted advisor of the Navy or as sergeant major of the Marine Corps, he shall be entitled to retired pay at the rate of 75 percent of the highest basic pay to which he was entitled while so serving, if that rate is higher” after “retirement”.

1963

Subsec. (c)(2). Pub. L. 88–132 substituted “of” for “to which he would be entitled is serving on active duty in” after “75 percent of the basic pay”.

1958

Subsec. (c)(2). Pub. L. 85–422 substituted “pay grade in which he was serving on the day before retirement” for “grade in which retired”.

Subsec. (d). Pub. L. 85–861 repealed subsec. (d) which related to grade of members serving in a grade to which they were appointed under section 5597 or promoted under section 5787 of this title.

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.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–207 effective Oct. 1, 1967, see section 7 of Pub. L. 90–207, set out as a note under section 203 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, 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.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–422 inapplicable to retired persons or to persons to whom retired pay is granted before May 31, 1958, see section 6 of Pub. L. 85–422, set out in part under section 7361 of this title.

Amendment by Pub. L. 85–422 effective June 1, 1958, see section 9 of Pub. L. 85–422, May 20, 1958, 72 Stat. 130.

Credits

1956–2018 · 9 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6326
1958Pub. L. 85–422, § 6(9), May 20, 1958, 72 Stat. 129
1958Pub. L. 85–861, § 36B(20), Sept. 2, 1958, 72 Stat. 1571
1963Pub. L. 88–132, § 5(h)(4), Oct. 2, 1963, 77 Stat. 214
1967Pub. L. 90–207, § 3(3), Dec. 16, 1967, 81 Stat. 653
1980Pub. L. 96–342, title VIII, § 813(d)(4), Sept. 8, 1980, 94 Stat. 1105
1980Pub. L. 96–513, title V, § 513(17), (19), Dec. 12, 1980, 94 Stat. 2932
1986Pub. L. 99–348, title II, § 203(b)(4), July 1, 1986, 100 Stat. 696
2018renumbered § 8326 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6326; Pub. L. 85–422, § 6(9), May 20, 1958, 72 Stat. 129; Pub. L. 85–861, § 36B(20), Sept. 2, 1958, 72 Stat. 1571; Pub. L. 88–132, § 5(h)(4), Oct. 2, 1963, 77 Stat. 214; Pub. L. 90–207, § 3(3), Dec. 16, 1967, 81 Stat. 653; Pub. L. 96–342, title VIII, § 813(d)(4), Sept. 8, 1980, 94 Stat. 1105; Pub. L. 96–513, title V, § 513(17), (19), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 99–348, title II, § 203(b)(4), July 1, 1986, 100 Stat. 696; renumbered § 8326 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)