§ 8334. Higher grade after 30 years of service: warrant officers and enlisted members

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. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. A title V § 512(b) · 101 Stat. 1019

   Enacted · 10 U.S.C. § 8334

   Added Pub. L. 100–180, div. A, title V, § 512(b), Dec. 4, 1987, 101 Stat. 1089, § 6334

   Source evidence

   Code source credit
   Added Pub. L. 100–180, div. A, title V, § 512(b), Dec. 4, 1987, 101 Stat. 1089, § 6334

   Enacted provision · exact public law section
   (b) Navy and Marine Corps.— Chapter 571 of such title is amended by adding at the end the following new sections: “§ 6334. Higher grade after 30 years of service: warrant officers and enlisted members “(a) Each member of the naval service covered by subsection (b) who, after the date of the enactment of this section, is retired with less than 30 years of active service or is transferred to the Fleet Reserve or Fleet Marine Corps Reserve is entitled, when his active service plus his service on the retired list or his service in the Fleet Reserve or the Fleet Marine Corps Reserve 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 Navy. “(b) This section applies to— “(1) warrant officers of the naval service; “(2) enlisted members of the Regular Navy and Regular Marine Corps; “(3) reserve enlisted members of the Navy and Marine Corps who, at the time of retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, are serving on active duty. “(c) An enlisted member of the naval service who is advanced on the retired list under this section is entitled to recompute his retired or retainer pay under formula A of the following table, and a warrant officer of the naval service so advanced is entitled to recompute his retired pay under formula B of that table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1. “Formula Column 1 Take Column 2 Multiply by A Retired pay base as computed under section 1406(d) or 1407 of this title. The retired pay multiplier prescribed in section 1409 of this title for the number of years creditable for his retainer or retired pay at the time of retirement.1 B Retired pay base as computed under section 1406(d) of this title The retired pay multiplier prescribed in section 1409 of this title for the number of years credited to him under section 1405 of this title. “1 In determining the retired pay multiplier, credit each full month of service that is in addition to the number of full years of service creditable to the member as 1/12 of a year and disregard any remaining fractional part of a month. “§ 6335. Restoration to former grade: warrant officers and enlisted members “Each retired warrant officer or enlisted member of the naval service who has been advanced on the retired list to a higher commissioned grade under section 6334 of this title, and who applies to the Secretary of the Navy within three months after his advancement, shall, if the Secretary approves, be restored on the retired list to his former warrant officer or enlisted status, as the case may be.

2. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title XVI § 1622(g) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 8334(a)

   Pub. L. 101–189 substituted “December 4, 1987” for “the date of the enactment of this section”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–189 substituted “December 4, 1987” for “the date of the enactment of this section”.

   Enacted provision · exact public law section
   (g) Date of Enactment Reference.— Section 6334(a) of title 10, United States Code, is amended by striking out “the date of the enactment of this section” and inserting in lieu thereof “December 4, 1987”.

3. 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. § 8334

   Pub. L. 115–232 renumbered section 6334 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232 renumbered section 6334 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.

3 of 3 references resolved to an enrolled provision