CHAPTER 841—VOLUNTARY RETIREMENT
8324.
Officers: creditable service.
8325.
Officers: retired grade and pay.
8326.
Enlisted members: 30 years.
8327.
Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay.
8328.
Computation of years of service: voluntary retirement.
8329.
Officers not to be retired for misconduct.
8330.
Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay.
8331.
Members of the Fleet Reserve and Fleet Marine Corps Reserve: transfer to the retired list; retired pay.
8332.
Conclusiveness of transfers.
8333.
Computation of retired and retainer pay.
8334.
Higher grade after 30 years of service: warrant officers and enlisted members.
8335.
Restoration to former grade: warrant officers and enlisted members.
8336.
Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member's misconduct.
Editorial Notes
Prior Provisions
A prior chapter 841, consisting of sections 8491 to 8504, related to active duty in the Air Force, prior to renumbering as chapter 921 of this title.
Amendments
2018—Pub. L. 115–232, div. A, title VIII, §807(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 571 of this title as this chapter and items 6321 to 6336 as 8321 to 8336, respectively.
2006—Pub. L. 109–163, div. A, title V, §515(b)(4)(B), Jan. 6, 2006, 119 Stat. 3235, substituted "Navy Reserve" for "Naval Reserve" in item 6327.
1996—Pub. L. 104–201, div. A, title V, §532(b)(2), Sept. 23, 1996, 110 Stat. 2519, added item 6336.
Pub. L. 104–106, div. A, title V, §561(d)(3)(B), Feb. 10, 1996, 110 Stat. 323, added item 6328.
1987—Pub. L. 100–180, div. A, title V, §512(e)(2), Dec. 4, 1987, 101 Stat. 1091, added items 6334 and 6335.
1986—Pub. L. 99–348, title III, §304(b)(3), July 1, 1986, 100 Stat. 704, struck out item 6328 "Treatment of fractions of years of service in computing retired pay" and substituted "Computation of" for "Treatment of fractions of dollar amounts in computing" in item 6333.
1983—Pub. L. 98–94, title IX, §922(a)(10)(B), Sept. 24, 1983, 97 Stat. 641, added item 6333.
1967—Pub. L. 90–130, §1(23)(B), Nov. 8, 1967, 81 Stat. 380, struck out "Nurse Corps" before "Officers" in item 6324.
§8321. Officers: 40 years
(a) 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.
(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.
(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.)
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.
§8322. Officers: 30 years
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 394, §6322; Pub. L. 96–342, title VIII, §813(d)(1), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, §513(17), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 99–348, title II, §203(b)(1), July 1, 1986, 100 Stat. 696; renumbered §8322, Pub. L. 115–232, div. A, title VIII, §807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 6322 |
34 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
Amendments
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 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).
1980—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.
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 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.
§8323. Officers: 20 years
(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 January 7, 2011, and ending on September 30, 2018.
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 394, §6323; Pub. L. 85–861, §1(142), Sept. 2, 1958, 72 Stat. 1509; Pub. L. 88–132, §5(h)(4), Oct. 2, 1963, 77 Stat. 214; Pub. L. 96–342, title VIII, §813(d)(2), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, title V, §§503(47)(A), 513(17), Dec. 12, 1980, 94 Stat. 2914, 2932; Pub. L. 99–348, title II, §203(b)(2), July 1, 1986, 100 Stat. 696; Pub. L. 101–510, div. A, title V, §523(b), Nov. 5, 1990, 104 Stat. 1562; Pub. L. 103–160, div. A, title V, §561(c), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105–261, div. A, title V, §561(e), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106–398, §1 [[div. A], title V, §571(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A-134; Pub. L. 109–163, div. A, title V, §§502(b), 515(b)(1)(H), Jan. 6, 2006, 119 Stat. 3225, 3233; Pub. L. 109–364, div. A, title X, §1071(a)(33), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 111–383, div. A, title V, §506(b), Jan. 7, 2011, 124 Stat. 4210; Pub. L. 112–239, div. A, title V, §505(b), title X, §1076(e)(6), Jan. 2, 2013, 126 Stat. 1715, 1951; renumbered §8323 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840; Pub. L. 116–283, div. A, title V, §508(b)(3)(B), Jan. 1, 2021, 134 Stat. 3585.)
Historical and Revision Notes
1956 Act
| Revised section | Source (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 April 14, 1949 (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 January 1, 1953, 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.
1958 Act
| Revised section | Source (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 Aug. 10, 1956.
Amendments
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 "January 7, 2011," 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 "September 30, 2018" for "September 30, 2013".
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 September 30, 2013" for "January 6, 2006, and ending on December 31, 2008".
2006—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).
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).
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 "December 31, 2001" for "September 30, 2001".
1998—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".
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 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.
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 "September 8, 1980" 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 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 section 503(47) of Pub. L. 96–513 effective Sept. 15, 1981, and amendment by section 513(17) of Pub. L. 96–513 effective Dec. 12, 1980, 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 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.
Temporary Early Retirement Authority
For provisions authorizing the Secretary of the Navy, during the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, 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, Dec. 9, 1982, 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, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President.
§8324. Officers: creditable service
For the purpose of this chapter, service as a nurse in the armed forces before April 16, 1947, is considered as commissioned service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 394, §6324; Pub. L. 86–197, §1(6), Aug. 25, 1959, 73 Stat. 426; Pub. L. 89–609, §1(15), Sept. 30, 1966, 80 Stat. 853; Pub. L. 90–130, §1(23)(A), Nov. 8, 1967, 81 Stat. 380; renumbered §8324, Pub. L. 115–232, div. A, title VIII, §807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
The words "or the reserve components thereof" are omitted because "Army", "Navy", and "Air Force", as defined in this title, include the reserve components.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 6324 of this title as this section.
1967—Pub. L. 90–130 substituted provision reciting simply that service as a nurse in the armed forces before April 16, 1947, is considered as commissioned service for purposes of this chapter for provisions making specific reference to service under an appointment or contract or as a commissioned officer in the Nurse Corps of the Army or the Navy or as a commissioned officer of the Air Force designated as an Air Force Nurse.
1966—Pub. L. 89–609 substituted "the person's" for "her" in introductory text in two places.
1959—Pub. L. 86–197 substituted "a regular officer or a reserve officer" for "an officer".
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.
Authority of Military Department Secretaries To Convene Boards To Recommend Deferment of Retirement or Separation of Nurses
Secretaries authorized until July 1, 1972, to convene boards of officers to consider and recommend deferment of separation or retirement of officers of the Army Nurse Corps, officers of the Navy Nurse Corps, and Air Force nurses, as needs of the service require, see section 4(f) of Pub. L. 90–130, set out as a note under section 7069 of this title.
§8325. Officers: retired grade and pay
(a) Except as provided in subsection (b) or section 1370 1 of this title, each officer who is retired under section 8321 or 8322 of this title—
(1) unless otherwise entitled to a higher grade, shall be retired in the grade in which he was serving at the time of retirement; and
(2) unless otherwise entitled to higher pay, is entitled to retired pay computed under section 8333 of this title.
(b) Each officer who is retired while serving in the grade of admiral, vice admiral, general, or lieutenant general by virtue of an appointment under section 601 of this title or who is retired while serving in a grade to which he was appointed or promoted under section 603 of this title or promoted under section 602 1 (as in effect before February 1, 1992) or section 5721 1 of this title—
(1) unless otherwise entitled to a higher grade, shall be retired in the grade he would hold if he had not received such an appointment; and
(2) unless otherwise entitled to higher pay, is entitled to retired pay computed under section 8333 of this title.
(c) A warrant officer who retires under section 8321, 8322, or 8323 of this title 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 394, §6325; Pub. L. 85–422, §11(a)(6)(B), May 20, 1958, 72 Stat. 131; Pub. L. 85–861, §1(143), Sept. 2, 1958, 72 Stat. 1509; Pub. L. 88–132, §5(h)(4), Oct. 2, 1963, 77 Stat. 214; Pub. L. 95–377, §7, Sept. 19, 1978, 92 Stat. 721; Pub. L. 96–342, title VIII, §813(d)(3), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, title V, §§503(47)(B), 513(17), Dec. 12, 1980, 94 Stat. 2914, 2932; Pub. L. 97–22, §10(b)(8), July 10, 1981, 95 Stat. 137; Pub. L. 99–348, title I, §104(c)(2), title II, §203(b)(3), July 1, 1986, 100 Stat. 691, 696; Pub. L. 102–484, div. A, title X, §1052(39), Oct. 23, 1992, 106 Stat. 2501; renumbered §8325 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
Historical and Revision Notes
1956 Act
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 6325 |
34 U.S.C. 410m. |
Aug. 7, 1947, ch. 512, §316(j), 61 Stat. 868. |
| |
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. |
| |
34 U.S.C. 389 (1st sentence as applicable to grade). |
R.S. 1457 (1st sentence as applicable to grade). |
| |
34 U.S.C. 410c(a) (as applicable to retired pay of officers retired under 34 U.S.C. 410b). |
Feb. 21, 1946, ch. 34, §7(a) (as applicable to retired pay of officers retired under §6), 60 Stat. 27; Aug. 7, 1947, ch. 512, §432(a), 61 Stat. 881. |
| |
34 U.S.C. 43g(d). |
Apr. 16, 1947, ch. 38, §207(e), 61 Stat. 49; redesignated (d), Aug. 7, 1947, ch. 512, §434(d), 61 Stat. 882; May 16, 1950, ch. 186, §3(i), 64 Stat. 162. |
| |
34 U.S.C. 43g(f). |
Apr. 16, 1947, ch. 38, §207(g), 61 Stat. 49; redesignated (f), Aug. 7, 1947, ch. 512, §434(d), 61 Stat. 882. |
| |
34 U.S.C. 410r(a), (g). |
June 12, 1948, ch. 449, §207(a), (g), 62 Stat. 366. |
| |
34 U.S.C. 625h(a). |
June 12, 1948, ch. 449, §213(a), 62 Stat. 369. |
| |
34 U.S.C. 430(f) (as applicable to officers retired under 34 U.S.C. 381, 34 U.S.C. 383, and 34 U.S.C. 410b). |
May 29, 1954, ch. 249, §14(f), 68 Stat. 163 (as applicable to officers retired under R.S. 1443, Act of May 13, 1908, ch. 166, 35 Stat. 128 (8th sentence, less proviso), and Act of Feb. 21, 1946, ch. 34, §6, 60 Stat. 27). |
Title III of the Officer Personnel Act of 1947 authorizes temporary promotions to the grades of lieutenant through rear admiral. The purpose of §316(j) of that act (34 U.S.C. 410m) was to insure that each officer who is temporarily promoted under that Title, and who retires before he receives a permanent appointment in the grade in which he is serving, will be considered, for the purposes of the laws relating to retired grade and pay, to be serving in the grade he holds pursuant to his temporary appointment. Since §5001 of this title provides that an officer who holds a permanent appointment in one grade and a temporary appointment in a higher grade is considered as serving in the higher grade, a restatement of the substance of §316(j) is unnecessary and is omitted from subsection (a). The words "retired other than by reason of physical disability incurred in line of duty", in 34 U.S.C. 43g(d) and (f) and 34 U.S.C. 410r(g), are omitted as unnecessary, since this section relates only to officers who are voluntarily retired under this chapter. The words "basic pay to which he would be entitled if serving on active duty in the grade in which retired" are substituted for the words "active-duty pay with longevity credit of the rank with which retired" in 34 U.S.C. 410c(a), for the words "active-duty pay to which entitled at the time of retirement" in 34 U.S.C. 43g(d), and for the words "active-duty pay to which she would be entitled if serving, at the time of retirement, on active duty in the rank in which placed upon the retired list" in 34 U.S.C. 43g(f) and 34 U.S.C. 410r(g), 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 U.S.C. 410q. The words "basic pay" are substituted for the words "active-duty pay" and the words "creditable for basic pay" are substituted for the words "for which entitled to credit in the computation of her active-duty pay", and for the words "for which entitled to credit in the computation of their pay while on active duty" to conform to the terminology used in the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.)
Unlike provisions of law authorizing retirement on various other grounds, R.S. 1443, which provides for the retirement of officers on their own application after 40 years of service, contains no provisions as to retired pay. R.S. 1588 provided, inter alia, that officers so retired should received retired pay at the rate of 75 percent of the sea pay of their respective grades, but that section was expressly repealed by §531(a)(7) of the Career Compensation Act of 1949, leaving no specific provision for the retired pay of officers retired under R.S. 1443. It would be absurd to assume, however, that Congress intended that an officer having 40 years of service should be retired without pay, when he could have been retired with pay at any time within the preceding 20 years. By the repeal of R.S. 1588 Congress intended merely to remove obsolete and superseded provisions as to retirement at age 62 and retirement after 45 years of service, references to sea pay, and provisions, inconsistent with later law, for half pay for officers retired for other reasons. Congress intended the retired pay of officers retired after 40 years of service to be computed according to the formula prescribed generally for retired officers, other than for officers retired by reason of physical disability, and this section is worded accordingly.
Subsection (b) is added for clarity. With respect to officers appointed under §§5231 or 5232 of this title it represents a necessary inference from 34 U.S.C. 410o and 623b(e), codified in §5233 of this title.
1958 Act
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 6325 |
[No source]. |
[No source]. |
The reference to section 6323 is deleted, since it is no longer appropriate to include in this section officers retired under section 6323.
Editorial Notes
References in Text
Section 1370 of this title, referred to in subsec. (a), was repealed and new sections 1370 and 1370a of this title were enacted by Pub. L. 116–283, div. A, title V, §508(a)(1), Jan. 1, 2021, 134 Stat. 3574, 3580. In determining the retired grade of certain commissioned officers of the Armed Forces who retire after Jan. 1, 2021, any reference to section 1370 of this title in such determination with respect to such officers deemed to be a reference to section 1370a of this title, see section 508(c) of Pub. L. 116–283, set out as a note under section 1370 of this title.
Section 602 of this title, referred to in subsec. (b), was repealed by Pub. L. 102–190, div. A, title XI, §1113(a), Dec. 5, 1991, 105 Stat. 1502.
Section 5721 of this title, referred to in subsec. (b), was repealed by Pub. L. 115–232, div. A, title V, §503(b)(1), Aug. 13, 2018, 132 Stat. 1742.
Amendments
2018—Pub. L. 115–232, §807(b)(15), renumbered section 6325 of this title as this section.
Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 8321 or 8322" for "section 6321 or 6322" in introductory provisions.
Subsecs. (a)(2), (b)(2). Pub. L. 115–232, §809(a), substituted "section 8333" for "section 6333".
Subsec. (c). Pub. L. 115–232, §809(a), substituted "section 8321, 8322, or 8323" for "section 6321, 6322, or 6323".
1992—Subsec. (b). Pub. L. 102–484 substituted "section 602 (as in effect before February 1, 1992) or section 5721" for "section 602 or 5721".
1986—Subsec. (a)(2). Pub. L. 99–348, §203(b)(3), 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 he 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.
Subsec. (b)(2). Pub. L. 99–348, §203(b)(3), 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 he would have held if he had not received an appointment, 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.
Subsec. (c). Pub. L. 99–348, §104(c)(2), struck out provision that if the pay of that highest grade was less than the pay of any warrant grade satisfactorily held by him on active duty, his retired pay would be based on the higher pay.
1981—Subsec. (b). Pub. L. 97–22, in provisions preceding par. (1), substituted "appointed or promoted under section 603 of this title or promoted under section 602 or 5721 of this title" for "appointed under section 5597 of this title or promoted under section 5787 or 5787d of this title".
1980—Subsec. (a). Pub. L. 96–513, §503(47)(B)(i), inserted "or section 1370 of this title" after "subsection (b)".
Subsec. (a)(2). 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.
Pub. L. 96–342, §813(d)(3)(A), designated existing provisions as subpar. (A), 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 subpar. (B).
Subsec. (b). Pub. L. 96–513, §503(47)(B)(ii), substituted "601" for "5231 or 5232".
Subsec. (b)(2). 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.
Pub. L. 96–342, §813(d)(3)(B), designated existing provisions as subpar. (A), 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 subpar. (B).
1978—Subsec. (b). Pub. L. 95–377 inserted "or 5787d" after "5787".
1963—Subsecs. (a)(2), (b)(2). Pub. L. 88–132 substituted "of" for "to which he would be entitled if serving on active duty in" following "2½ percent of the basic pay".
1958—Subsec. (a). Pub. L. 85–861 substituted "or 6322" for ", 6322, or 6323".
Subsecs. (a)(2), (b)(2). Pub. L. 85–422 substituted "that may be credited to him under section 1405 of this title" for "creditable for basic pay".
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 1981 Amendment
Pub. L. 97–22, §10(b), July 10, 1981, 95 Stat. 137, provided that the amendment made by that section is effective Sept. 15, 1981.
Effective Date of 1980 Amendment
Amendment by section 503(47) of Pub. L. 96–513 effective Sept. 15, 1981, and amendment by section 513(17) of Pub. L. 96–513 effective Dec. 12, 1980, 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 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 effective June 1, 1958, see section 9 of Pub. L. 85–422, May 20, 1958, 72 Stat. 130.
Recomputation of Retired Pay of Admirals and Vice Admirals
Officers entitled to retired pay on May 31, 1958, who served on active duty before that day in the grade of admiral or vice admiral for a period of at least 180 days, authorized to recompute retired pay, see section 7(b), (c) of Pub. L. 85–422.
§8326. Enlisted members: 30 years
(a) 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.
(b) 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.
(c) Each person retired under this section—
(1) unless otherwise entitled to a higher grade, shall be retired in the grade in which serving at the time of retirement; and
(2) unless otherwise entitled to higher pay, is entitled to retired pay computed under section 8333 of this title.
(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.)
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
Amendments
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.
§8327. Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay
(a) A member of the Navy Reserve or the Marine Corps Reserve may be transferred to the Retired Reserve upon his request if he has completed—
(1) at least 30 years of active service in the armed forces, other than active duty for training; or
(2) at least 20 years of active service in the armed forces other than active duty for training, the last 10 of which he served in the 11-year period immediately preceding his transfer to the Retired Reserve.
(b) Each member who is transferred to the Retired Reserve under subsection (a) is entitled, when not on active duty, to retired pay at the rate of 50 percent of the basic pay of the grade in which retired.
(c) This section applies only to persons who were members of the Navy Reserve or the Marine Corps Reserve on January 1, 1953.
(d) This section terminates on January 1, 1973. However, its termination will not affect any accrued rights to retired pay.
(e) A member who is eligible for retirement under this section, and who is also eligible for retirement under another provision or for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under section 8330 of this title, is entitled to elect which of these benefits he is to receive.
(Aug. 10, 1956, ch. 1041, 70A Stat. 395, §6327; Pub. L. 85–583, §1(1), Aug. 1, 1958, 72 Stat. 480; Pub. L. 88–132, §5(h)(5), Oct. 2, 1963, 77 Stat. 214; Pub. L. 109–163, div. A, title V, §515(b)(1)(I), (3)(B), Jan. 6, 2006, 119 Stat. 3233, 3234; renumbered §8327 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 6327 |
50 U.S.C. 1052(a), (b), (d), (e), (f). |
July 9, 1952, ch. 608, §413(a), (b), (d), (e), (f), 66 Stat. 499. |
In subsection (a) the word "Federal" is omitted and the words "in the armed forces, other than active duty for training" are inserted. The words "active Federal service" are not defined in 50 U.S.C. 1052. Section 310 of the Naval Reserve Act of 1938, which 50 U.S.C. 1052 replaced, specifies active service in the "Army, Navy, Marine Corps, Coast Guard, Naval Auxiliary Service, Naval Reserve Force, Naval Militia in Federal status, National Naval Volunteers, Naval Reserve, Marine Corps Reserve Force, and Marine Corps Reserve." 50 U.S.C. 1052 was intended to preserve the rights of persons who, on January 1, 1953, were members of reserve components, so that they would not be prejudiced by the repeal of §310 of the Naval Reserve Act of 1938 (U.S. Code Congressional and Administrative News, 1952, p. 3584). To effect that purpose, the service that was creditable under the 1938 Act must be creditable under 50 U.S.C. 1052. The words "active service in the armed forces, other than active duty for training" cover all creditable service. The Judge Advocate General of the Navy, in an opinion dated August 27, 1954 (JAG II:2:WGA:CA:mk), held that active duty for training was not creditable under the 1938 Act and is, therefore, not creditable under the 1952 Act.
Editorial Notes
Amendments
2018—Pub. L. 115–232, §807(b)(15), renumbered section 6327 of this title as this section.
Subsec. (e). Pub. L. 115–232, §809(a), substituted "section 8330" for "section 6330".
2006—Pub. L. 109–163, §515(b)(3)(B), substituted "Navy Reserve" for "Naval Reserve" in section catchline.
Subsecs. (a), (c). Pub. L. 109–163, §515(b)(1)(I), substituted "Navy Reserve" for "Naval Reserve".
1963—Subsec. (b). Pub. L. 88–132 substituted "of the grade in which retired" for "to which he would be entitled if on active duty" after "50 percent of the basic pay".
1958—Subsec. (e). Pub. L. 85–583 entitled eligible members of Naval Reserve or Marine Corps Reserve to elect to transfer to Fleet Reserve or Fleet Marine Corps Reserve.
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 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.
§8328. Computation of years of service: voluntary retirement
(a) Enlisted Members.—Time required to be made up under section 972(a) of this title after February 10, 1996, may not be counted in computing years of service under this chapter.
(b) Officers.—Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this chapter any time identified with respect to that officer under that section.
(c) Time Spent in Seaman to Admiral Program.—The months of active service in pursuit of a baccalaureate-level degree under the Seaman to Admiral (STA–21) program of the Navy of officer candidates selected for the program on or after October 28, 2009, shall be excluded in computing the years of service of an officer who was appointed to the grade of ensign in the Navy upon completion of the program to determine the eligibility of the officer for retirement, unless the officer becomes subject to involuntary separation or retirement due to physical disability. Such active service shall be counted in computing the years of active service of the officer for all other purposes.
(Added Pub. L. 104–106, div. A, title V, §561(d)(3)(A), Feb. 10, 1996, 110 Stat. 322, §6328; amended Pub. L. 107–107, div. A, title X, §1048(c)(13), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 111–84, div. A, title V, §505, Oct. 28, 2009, 123 Stat. 2277; Pub. L. 113–291, div. A, title X, §1071(e)(5), Dec. 19, 2014, 128 Stat. 3510; renumbered §8328, Pub. L. 115–232, div. A, title VIII, §807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 6328 of this title as this section.
2014—Subsec. (c). Pub. L. 113–291 substituted "on or after October 28, 2009," for "on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010".
2009—Subsec. (c). Pub. L. 111–84 added subsec. (c).
2001—Subsec. (a). Pub. L. 107–107 substituted "February 10, 1996," for "the date of the enactment of 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.
Effective Date
Section effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 972 of this title.
§8329. Officers not to be retired for misconduct
No officer of the Navy or the Marine Corps may be retired because of misconduct for which trial by court-martial would be appropriate.
(Aug. 10, 1956, ch. 1041, 70A Stat. 396, §6329; renumbered §8329, Pub. L. 115–232, div. A, title VIII, §807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
The words "for which trial by court-martial would be appropriate" are substituted for the words "but he shall be brought to trial by court-martial for such misconduct". The peremptory command in the source text is at variance with the theory of the Uniform Code of Military Justice and conflicts with the provisions of articles 30, 32, and 34. The substituted words are in accord with the interpretation placed on R.S. 1456 in Denby v. Berry, 263 U.S. 29, 36 (Nov. 12, 1923).
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 6329 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.
§8330. Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay
(a) The Fleet Reserve and the Fleet Marine Corps Reserve are composed of members of the naval service transferred thereto under this section.
(b) An enlisted member of the Regular Navy or the Navy Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Reserve. An enlisted member of the Regular Marine Corps or the Marine Corps Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Marine Corps Reserve.
(c)(1) Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled, when not on active duty, to retainer pay computed under section 8333 of this title.
(2) A member may recompute his retainer pay under section 1402 or 1402a of this title, as appropriate, to reflect active duty after transfer.
(3) If the member has been credited by the Secretary of the Navy with extraordinary heroism in the line of duty, which determination by the Secretary is final and conclusive for all purposes, his retainer pay shall be increased by 10 percent.
(d)(1) For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.
(2) In determining a member's eligibility for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)—
(A) a completed minority enlistment of the member is counted as four years of active service, if creditable to the member for such purpose before December 31, 1977; and
(B) an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term, if creditable to the member for such purpose before December 31, 1977.
(3)(A) Subject to subparagraph (B), in determining a member's years of active service for the computation of retainer pay under subsection (c)—
(i) a completed minority enlistment of the member is counted as four years of active service; and
(ii) an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term.
(B) In the case of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section after December 30, 1977, service attributable under subparagraph (A) to time which, after December 31, 1977, is not actually served by the member may not be counted.
(Aug. 10, 1956, ch. 1041, 70A Stat. 396, §6330; Pub. L. 85–583, §1(2), (3), Aug. 1, 1958, 72 Stat. 480; Pub. L. 90–207, §3(4), Dec. 16, 1967, 81 Stat. 653; Pub. L. 96–342, title VIII, §813(d)(5), Sept. 8, 1980, 94 Stat. 1105; Pub. L. 96–513, title V, §513(17), (19), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 98–94, title IX, §923(c)(3), Sept. 24, 1983, 97 Stat. 643; Pub. L. 99–348, title II, §203(b)(6), title III, §305(a)(1), July 1, 1986, 100 Stat. 696, 704; Pub. L. 101–189, div. A, title VI, §652(a)(5), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 109–163, div. A, title V, §515(b)(1)(J), Jan. 6, 2006, 119 Stat. 3233; renumbered §8330 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 6330 |
34 U.S.C. 854 (less proviso). |
June 25, 1938, ch. 690, §201 (less proviso), 52 Stat. 1178. |
| |
34 U.S.C. 854 (note). |
July 9, 1952, ch. 608, §803 (2d sentence of 1st par.), 66 Stat. 505. |
| |
34 U.S.C. 854c (less 4th, 5th, 6th (as applicable to 34 U.S.C. 854b) and 7th provisos). |
June 25, 1938, ch. 690, §204 (less 4th, 5th, 6th (as applicable to §203 of the Naval Reserve Act of 1938), and 7th provisos), 52 Stat. 1170; Aug. 10, 1946, ch. 952, §2, 60 Stat. 993. |
| |
34 U.S.C. 854a (less provisos). |
June 25, 1938, ch. 690, §202 (less provisos), 52 Stat. 1178. |
In subsection (a) the words "officers" and "assigned" are omitted, since they are applicable only to the proviso in 34 U.S.C. 854, which is recommended for repeal as obsolete. (See Table 2A.) The words "including (a) those former members of the Fleet Reserve who were transferred * * * but before the expiration of three months following discharge", appearing in §803 of the Armed Forces Reserve Act of 1952, 66 Stat. 505 (34 U.S.C. 854 (note)) are omitted as surplusage. These words merely illustrate the class of persons transferred to the Fleet Reserve under the Naval Reserve Act of 1938, 52 Stat. 1178, as referred to in the section from which these words were taken, and in no way limit that class or impose a citizenship requirement for membership in it. (See the opinion of the Judge Advocate General of the Navy, JAG:II:1:JFG:imz of February 17, 1953.)
In subsection (b) reference to the date July 1, 1925, is omitted, since members who were in the naval service on or before that date may, if they are qualified and so elect, be transferred to the Fleet Reserve or to the Fleet Marine Corps Reserve under 34 U.S.C. 854c instead of under 34 U.S.C. 854b, as provided in the fifth proviso of 34 U.S.C. 854c. That proviso and the provisions of 34 U.S.C. 854b, which are applicable only to persons who were in the naval service in 1925, are not codified because they relate to a small closed class and are therefore of limited interest. They are not repealed, however. (See Table 2D.)
In subsections (b) and (c) the term "active service in the armed forces" is substituted for the term "active Federal service" to execute the definition in the last sentence of 34 U.S.C. 854c.
In subsection (c) the words "is entitled, when not on active duty, to retainer pay at the rate of 2½ percent of the basic pay that he received at the time of transfer" are substituted for the words "except when on active duty, shall be paid at the annual rate of 2½ per centum of the annual base and longevity pay they are receiving at the time of transfer" to conform to the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.).
Subsection (d) states the rule as to the method of counting minority and short-term enlistments, in connection with determining active service, in accordance with White v. United States, 97 F. Supp. 698.
Editorial Notes
Amendments
2018—Pub. L. 115–232, §807(b)(15), renumbered section 6330 of this title as this section.
Subsec. (c)(1). Pub. L. 115–232, §809(a), substituted "section 8333" for "section 6333".
2006—Subsec. (b). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".
1989—Subsec. (a). Pub. L. 101–189 substituted "under this section." for "under—
"(1) Title II of the Naval Reserve Act of 1938 (52 Stat. 1178), as amended; or
"(2) this section."
1986—Subsec. (c)(1). Pub. L. 99–348, §203(b)(6)(A), substituted provision that retainer pay be computed under section 6333 for provision that retainer pay, in the case of a member 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 that he received at the time of transfer or, in the case of a member who served as master chief petty officer of the Navy or sergeant major of the Marine Corps, of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer, or in the case of a member 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 retainer pay base computed under section 1407(d), which rates were to be multiplied by the number of years of active service in the armed forces.
Subsec. (c)(4). Pub. L. 99–348, §203(b)(6)(B), struck out par. (4) which provided that in no case could a member's retainer pay be more than 75 percent of the basic pay or monthly retainer pay base upon which computation of retainer pay was based.
Subsec. (d). Pub. L. 99–348, §305(a)(1), designated existing provisions as par. (1), struck out provision that a completed minority enlistment be counted as four years of active service and an enlistment terminated within three months before the end of the term be counted as active service for the full term, and added pars. (2) and (3).
1983—Subsec. (d). Pub. L. 98–94 substituted "For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded" for "For the purposes of subsections (b) and (c), a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded".
1980—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, and "master chief petty officer" for "senior enlisted advisor".
Pub. L. 96–342 amended subsec. (c) generally, designating existing provisions as pars. (1) to (4) and, as so amended, in par. (1) designated existing provisions as subpar. (A), as so designated, 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), in par. (2) inserted reference to section 1402a of this title, and in par. (4) added applicability to monthly retainer pay base.
1967—Subsec. (c). Pub. L. 90–207 inserted ", except that in the case of a member who has served as senior enlisted advisor of the Navy or sergeant major of the Marine Corps, retainer pay shall be computed on the basis of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer" after "armed forces".
1958—Subsec. (a). Pub. L. 85–583, §1(2), substituted "naval service" for "Regular Navy and the Regular Marine Corps, respectively,".
Subsec. (b). Pub. L. 85–583, §1(3), inserted "or the Naval Reserve" after "Regular Navy" and "or the Marine Corps Reserve" after "Regular Marine Corps".
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 1983 Amendment
Amendment by Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 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.
Temporary Early Retirement Authority
For provisions authorizing the Secretary of the Navy, during the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this section to an enlisted member of the Navy or Marine Corps with at least 15 but less than 20 years of service by substituting "15 or more years" for "20 or more years" in the first sentence of subsection (a) [probably should be (b)] of this section and in the second sentence of subsec. (b) of this section, see section 4403 of Pub. L. 102–484, set out as a note under section 1293 of this title.
Transfer of Former Members of Navy or Marine Corps to Fleet Reserve or Fleet Marine Corps Reserve; Transfer to Retired List
Act July 24, 1956, ch. 683, 70 Stat. 626, provided: "Upon application by any former member of the Navy or Marine Corps—
"(1) who was discharged prior to August 10, 1946, under honorable conditions, and
"(2) who, at the time of his discharge, had at least twenty years' active Federal service,
the Secretary of the Navy shall appoint such former member in the Fleet Reserve or Fleet Marine Corps Reserve, as may be appropriate, in the rank held by him at the time of such discharge.
"Sec. 2. Each person appointed to the Fleet Reserve or Fleet Marine Corps Reserve under the first section of this Act shall be transferred to the appropriate retired list (1) on the first day of the first calendar month beginning after such appointment, if his last discharge occurred ten or more years prior to the date of such appointment, and (2) in the case of individuals appointed under such section before the expiration of ten years from their last discharge, on the first day of the first calendar month, beginning after the expiration of ten years from the date of such discharge.
"Sec. 3. Each former member transferred to a retired list under clauses (1) and (2) of section 2 shall receive retired pay at the annual rate of 2½ per centum of the annual base and longevity pay he was receiving at the time of his last discharge, multiplied by the number of his years of active Federal service at such time (not to exceed thirty), and adjusted to reflect the percentage increases made since such discharge in the retired pay of persons retired from the Armed Forces prior to October 12, 1949.
"Sec. 4. For the purposes of this Act, all active service in the Army of the United States, the Navy, the Marine Corps, the Coast Guard, or any component thereof, shall be deemed to be active Federal service.
"Sec. 5. No pay shall accrue to the benefit of any person appointed under the provisions of this Act prior to the date such person is actually appointed under the provisions of this Act and in no event prior to the first day of the first month following enactment of this Act [July 24, 1956]."
§8331. Members of the Fleet Reserve and Fleet Marine Corps Reserve: transfer to the retired list; retired pay
(a) When he has completed 30 years of service, or when he is found not physically qualified in an examination under section 8385 of this title, a member of the Fleet Reserve or the Fleet Marine Corps Reserve shall be transferred—
(1) to the retired list of the Regular Navy or the Regular Marine Corps, as appropriate, if he was a member of the Regular Navy or the Regular Marine Corps at the time of his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve; or
(2) to the appropriate Retired Reserve, if he was a member of the Navy Reserve or the Marine Corps Reserve at the time of his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve.
(b) For the purpose of subsection (a), a member's years of service are computed by adding—
(1) the years of service credited to him upon his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve;
(2) his years of active and inactive service in the armed forces before his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve not credited to him upon that transfer; and
(3) his years of service, active and inactive, in the Fleet Reserve or the Fleet Marine Corps Reserve.
(c) Unless otherwise entitled to higher pay, each member transferred to the retired list or the Retired Reserve under this section is entitled to retired pay at the same rate as the retainer pay to which he was entitled at the time of his transfer to the retired list or the Retired Reserve.
(Aug. 10, 1956, ch. 1041, 70A Stat. 397, §6331; Pub. L. 85–583, §1(4–6), Aug. 1, 1958, 72 Stat. 480; Pub. L. 109–163, div. A, title V, §515(b)(1)(K), Jan. 6, 2006, 119 Stat. 3233; renumbered §8331 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 6331 |
34 U.S.C. 854c (4th proviso). |
June 25, 1938, ch. 690, §204 (4th proviso), 52 Stat. 1179; Aug. 10, 1946, ch. 952, §2, 60 Stat. 993. |
| |
34 U.S.C. 854e (2d and 4th provisos). |
June 25, 1938, ch. 690, §206 (2d and 4th provisos), 52 Stat. 1179; Apr. 25, 1940, ch. 153, 54 Stat. 162. |
| |
34 U.S.C. 854 (note). |
July 9, 1952, ch. 608, §803 (3d sentence), 66 Stat. 505. |
In subsection (a) the words "transferred * * * in accordance with the provisions of this section and of sections 853 and 854b of this title", in the fourth proviso of 34 U.S.C. 854c, and the words "transferred after sixteen years' or more service in the Regular Navy", and "men coming under the cognizance of sections 853 and 854b of this title", in the second proviso of 34 U.S.C. 854e, are omitted as surplusage since the classes designated by these phrases comprise all members of the Fleet Reserve and Fleet Marine Corps Reserve.
Subsection (b) is worded so as to cover all members of the Fleet Reserve and the Fleet Marine Corps Reserve regardless of the law under which they attained that status. A member transferring under 34 U.S.C. 854b may count only active naval service in computing the service required for that transfer, but in determining his eligibility for retirement he may add to his active naval service all previous active or inactive service in the Army, Navy, Marine Corps, Air Force, or Coast Guard, and his time in the Fleet Reserve. A member transferring to the Fleet Reserve under 34 U.S.C. 854c may count active service in any armed force toward that transfer, and he determines his eligibility for retirement by adding to the service credited to him at the time of transfer any previous inactive service in the armed forces and his time in the Fleet Reserve. As to the latter member the words "active service" in clause (2) are superfluous, since such service would have been credited to him upon his transfer to the Fleet Reserve, but they are needed in the case of a member transferred under 34 U.S.C. 854b.
In subsection (c) references to the "allowances to which enlisted men of the Navy are entitled on retirement after thirty years' service", in the second and fourth provisos of 34 U.S.C. 854e, are omitted because of the repeal, by §19 of the Pay Readjustment Act of 1942, 56 Stat. 369, of the laws authorizing such allowances.
Editorial Notes
Amendments
2018—Pub. L. 115–232, §807(b)(15), renumbered section 6331 of this title as this section.
Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 8385" for "section 6485" in introductory provisions.
2006—Subsec. (a)(2). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".
1958—Subsec. (a). Pub. L. 85–583, §1(4), provided for the transfer to the appropriate Retired Reserve of those members of the Fleet Reserve or the Fleet Marine Corps Reserve who had transferred thereto from the Naval Reserve or the Marine Corps Reserve.
Subsec. (b). Pub. L. 85–583, §1(5), struck out "of clause (2)".
Subsec. (c). Pub. L. 85–583, §1(6), inserted "or the Retired Reserve" after "retired list" wherever appearing.
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.
§8332. Conclusiveness of transfers
When a member of the naval service is transferred by the Secretary of the Navy—
(1) to the Fleet Reserve;
(2) to the Fleet Marine Corps Reserve;
(3) from the Fleet Reserve to the retired list of the Regular Navy or the Retired Reserve; or
(4) from the Fleet Marine Corps Reserve to the retired list of the Regular Marine Corps or the Retired Reserve;
the transfer is conclusive for all purposes. Each member so transferred is entitled, when not on active duty, to retainer pay or retired pay from the date of transfer in accordance with his grade and number of years of creditable service as determined by the Secretary. The Secretary may correct any error or omission in his determination as to a member's grade and years of creditable service. When such a correction is made, the member is entitled, when not on active duty, to retainer pay or retired pay in accordance with his grade and number of years of creditable service, as corrected, from the date of transfer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 397, §6332; Pub. L. 85–583, §1(7), Aug. 1, 1958, 72 Stat. 480; Pub. L. 85–861, §33(a)(33), Sept. 2, 1958, 72 Stat. 1566; renumbered §8332, Pub. L. 115–232, div. A, title VIII, §807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
The words "when not on active duty, to retainer pay or retired pay" are substituted for the words "pay and allowances". The pay and allowances of a member on active duty are covered by the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.). When not on active duty a member of the Fleet Reserve receives retainer pay and a retired member receives retired pay without allowances, the provision for allowances for retired members having been repealed as pointed out in the note on the preceding section. In the last sentence the words "from the date of transfer" are added to make it clear that a correction is retroactive to that date. The Court of Claims has so held (Dugan v. United States (1943), 100 Ct. Cl. 7).
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 6332 of this title as this section.
1958—Pub. L. 85–861 substituted "to retainer pay or retired pay in accordance" for "to retain pay or retired pay in accordance".
Pub. L. 85–583 inserted "or the Retired Reserve" after "Navy" in cl. (3) and after "Marine Corps" in cl. (4).
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 1958 Amendment
Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
§8333. Computation of retired and retainer pay
(a) The monthly retired pay or retainer pay of a member entitled to such pay under this chapter or under section 8470 or 8372 of this title is computed in accordance with the following table.
| Formula | For sections | Column 1 Take | Column 2 Multiply by |
|---|
| A |
8325(a) 6326 |
Retired pay base computed under section 1406(d) or 1407 |
Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to the member under section 1405. |
| | | |
| B |
8323 8325(b) 8470 8372 |
Retired pay base computed under section 1406(d) or 1407 |
Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. |
| | | |
| C |
8330 |
Retainer pay base computed under section 1406(d) or 1407 |
Retainer pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. |
(b)(1) Retired pay or retainer pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.
(2) References in the table in subsection (a) are to sections of this title.
(c) In the case of a Reserve enlisted member whose grade upon transfer to the Fleet Reserve or Fleet Marine Corps Reserve is determined under section 8336 of this title and who first became a member of a uniformed service before September 8, 1980, the retainer pay base of the member (notwithstanding section 1406(a)(1) of this title) is the amount of the monthly basic pay of the grade in which the member is so transferred (determined based upon the rates of basic pay applicable on the date of the member's transfer), and that amount shall be used for the purposes of the table in subsection (a) rather than the amount computed under section 1406(d) of this title.
(Added Pub. L. 98–94, title IX, §922(a)(10)(A), Sept. 24, 1983, 97 Stat. 641, §6333; amended Pub. L. 99–348, title II, §203(a), July 1, 1986, 100 Stat. 695; Pub. L. 103–337, div. A, title VI, §635(b), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104–106, div. A, title XV, §1503(b)(3), Feb. 10, 1996, 110 Stat. 512; Pub. L. 104–201, div. A, title V, §532(d)(2), Sept. 23, 1996, 110 Stat. 2520; Pub. L. 109–163, div. A, title V, §509(d)(2), Jan. 6, 2006, 119 Stat. 3231; Pub. L. 110–181, div. A, title VI, §646(a), Jan. 28, 2008, 122 Stat. 160; renumbered §8333 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
Editorial Notes
Amendments
2018—Pub. L. 115–232, §807(b)(15), renumbered section 6333 of this title as this section.
Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 8470 or 8372" for "section 6970 or 6383" in introductory provisions and, under "For sections" column in table, substituted "8325(a)" for "6325(a)" and "8326" for "6326" in Formula A, "8323" for "6323", "8325(b)" for "6325(b)", "8470" for "6970", and "8372" for "6383" in Formula B, and "8330" for "6330" in Formula C.
Subsec. (c). Pub. L. 115–232, §809(a), substituted "section 8336" for "section 6336".
2008—Subsec. (a). Pub. L. 110–181 substituted "Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to the member under section 1405." for "75 percent." in Formula A under Column 2 in table.
2006—Subsec. (a). Pub. L. 109–163 inserted "6970 or" after "section" in text and "6970" below "6325(b)" in Formula B under "For sections" column in table.
1996—Subsec. (a). Pub. L. 104–106 struck out first period after "section 1405" in Formula C under Column 2 in table.
Subsec. (c). Pub. L. 104–201 added subsec. (c).
1994—Subsec. (a). Pub. L. 103–337 substituted "the years of service that may be credited to him under section 1405." for "his years of active service in the armed forces" in Formula C under Column 2 in table.
1986—Pub. L. 99–348 amended section generally, designating existing provision as subsec. (b)(1), substituting "under this section" for "under this chapter", and adding subsecs. (a) and (b)(2).
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 2008 Amendment
Amendment by Pub. L. 110–181 effective as of Jan. 1, 2007, and applicable with respect to retired pay and retainer pay payable on or after that date, see section 646(c) of Pub. L. 110–181, set out as a note under section 1402 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 applicable to computation of retired pay of any enlisted member who retires on or after Oct. 5, 1994, to computation of retainer pay of any enlisted member who is transferred to Fleet Reserve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to recomputation of retired pay of any enlisted member who is advanced on retired list on or after Oct. 5, 1994, see section 635(e) of Pub. L. 103–337, set out as a note under section 1405 of this title.
Effective Date
Section effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as an Effective Date of 1983 Amendment note under section 1401 of this title.
§8334. 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 December 4, 1987, 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; and
(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.
(Added Pub. L. 100–180, div. A, title V, §512(b), Dec. 4, 1987, 101 Stat. 1089, §6334; amended Pub. L. 101–189, div. A, title XVI, §1622(g), Nov. 29, 1989, 103 Stat. 1605; renumbered §8334, Pub. L. 115–232, div. A, title VIII, §807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 6334 of this title as this section.
1989—Subsec. (a). Pub. L. 101–189 substituted "December 4, 1987" for "the date of the enactment of 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.
§8335. 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 8334 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.
(Added Pub. L. 100–180, div. A, title V, §512(b), Dec. 4, 1987, 101 Stat. 1090, §6335; renumbered §8335 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 6335 of this title as this section and substituted "section 8334" for "section 6334".
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.
§8336. Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member's misconduct
(a) A member of the Navy Reserve or Marine Corps Reserve described in subsection (b) who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 8330 of this title shall be transferred in the highest enlisted grade in which the member served on active duty satisfactorily, as determined by the Secretary of the Navy.
(b) This section applies to a Reserve enlisted member who—
(1) at the time of transfer to the Fleet Reserve or Fleet Marine Corps Reserve is serving on active duty in a grade lower than the highest enlisted grade held by the member while on active duty; and
(2) was previously administratively reduced in grade not as a result of the member's own misconduct, as determined by the Secretary of the Navy.
(c) This section applies with respect to enlisted members of the Navy Reserve and Marine Corps Reserve who are transferred to the Fleet Reserve or the Fleet Marine Corps Reserve after September 30, 1996.
(Added Pub. L. 104–201, div. A, title V, §532(b)(1), Sept. 23, 1996, 110 Stat. 2519, §6336; amended Pub. L. 109–163, div. A, title V, §515(b)(1)(L), Jan. 6, 2006, 119 Stat. 3233; renumbered §8336 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
Editorial Notes
Prior Provisions
Prior sections 8351 and 8352 were renumbered sections 12212 and 12214 of this title.
Prior sections 8353 and 8354 were repealed by Pub. L. 103–337, div. A, title XVI, §1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996.
Section 8353, added Pub. L. 85–861, §1(178)(A), Sept. 2, 1958, 72 Stat. 1520; amended Pub. L. 86–559, §1(49), June 30, 1960, 74 Stat. 275; Pub. L. 96–513, title II, §205(b), Dec. 12, 1980, 94 Stat. 2882; Pub. L. 97–22, §7, July 10, 1981, 95 Stat. 131; Pub. L. 98–94, title X, §1007(c)(5), Sept. 24, 1983, 97 Stat. 662; Pub. L. 100–180, div. A, title VII, §714(d), Dec. 4, 1987, 101 Stat. 1113; Pub. L. 103–160, div. A, title V, §509(d), Nov. 30, 1993, 107 Stat. 1648, related to service credit upon original appointment as reserve commissioned officer in Air Force. See section 12207 of this title.
Section 8354, acts Aug. 10, 1956, ch. 1041, 70A Stat. 520; Sept. 2, 1958, Pub. L. 85–861, §1(178)(B), 72 Stat. 1520, related to appointment of warrant officers and enlisted members of Air National Guard of United States as reserve officers.
A prior section 8355, acts Aug. 10, 1956, ch. 1041, 70A Stat. 520; Sept. 2, 1958, Pub. L. 85–861, §33(a)(22), 72 Stat. 1565, related to appointment of graduates of junior or senior division of Air Force Reserve Officers' Training Corps as reserve commissioned officers, prior to repeal by Pub. L. 88–647, title III, §301(21), Oct. 13, 1964, 78 Stat. 1073.
A prior section 8356, act Aug. 10, 1956, ch. 1041, 70A Stat. 520, related to appointment and promotion of aviation cadets as commissioned officers in Air Force Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, §1636(b), Oct. 5, 1994, 108 Stat. 2968, effective Feb. 10, 1996.
Prior sections 8358 to 8368 were repealed by Pub. L. 103–337, div. A, title XVI, §1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996.
Section 8358, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1520, related to service credit upon original appointment as commissioned officer in grade below colonel. See section 12201 et seq. of this title.
Section 8359, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1521; amended Pub. L. 98–94, title X, §1014(b), Sept. 24, 1983, 97 Stat. 666; Pub. L. 98–525, title V, §521(b), Oct. 19, 1984, 98 Stat. 2522; Pub. L. 99–145, title V, §521(a), Nov. 8, 1985, 99 Stat. 631; Pub. L. 100–180, div. A, title V, §502(a), Dec. 4, 1987, 101 Stat. 1085; Pub. L. 101–189, div. A, title V, §503(a), Nov. 29, 1989, 103 Stat. 1437; Pub. L. 102–484, div. A, title V, §519(a), Oct. 23, 1992, 106 Stat. 2408; Pub. L. 103–160, div. A, title V, §514(a), Nov. 30, 1993, 107 Stat. 1649; Pub. L. 104–106, div. A, title V, §511(a), Feb. 10, 1996, 110 Stat. 298, related to determination of grade upon original appointment as reserve officer of Air Force. See section 12201 et seq. of this title.
Section 8360, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1521; amended Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 104–106, div. A, title XV, §1501(c)(30), Feb. 10, 1996, 110 Stat. 500, related to service required for promotion of reserve commissioned officers. See section 14001 et seq. of this title.
Section 8361, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1522; amended Pub. L. 86–559, §1(50), June 30, 1960, 74 Stat. 275, related to seniority for purposes of promotion of reserve commissioned officers. See section 14301 et seq. of this title.
Section 8362, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1522; amended Pub. L. 86–559, §1(51), June 30, 1960, 74 Stat. 275, related to convening of selection boards to consider reserve commissioned officers for promotion. See section 14101 et seq. of this title.
Section 8363, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1522; amended Pub. L. 86–559, §1(52), June 30, 1960, 74 Stat. 275; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to requirements and procedures for promotion of officers in reserve grades. See section 14301 et seq. of this title.
Section 8365, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1523, related to promotion of second lieutenants of Air Force Reserve. See section 14301 et seq. of this title.
Section 8366, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1523; amended Pub. L. 86–559, §1(53), June 30, 1960, 74 Stat. 275; Pub. L. 90–130, §1(28)(A), Nov. 8, 1967, 81 Stat. 382, related to promotion of first lieutenants, captains, and majors of Air Force Reserve or Air National Guard of United States. See section 14301 et seq. of this title.
Section 8367, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1525; amended Pub. L. 86–559, §1(54), June 30, 1960, 74 Stat. 276, related to selection board procedures for promotion of first lieutenants, captains, and majors of Air Force Reserve or Air National Guard of United States. See section 14001 et seq. of this title.
Section 8368, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1525; amended Pub. L. 86–559, §1(55), June 30, 1960. 74 Stat. 276; Pub. L. 90–130, §1(28)(B), Nov. 8, 1967, 81 Stat. 382; Pub. L. 100–180, div. A, title XII, §1231(19)(B), Dec. 4, 1987, 101 Stat. 1161, related to effect of failure of promotion of reserve officers in grades of first lieutenant, captain, and major. See section 14301 et seq. of this title.
A prior section 8370, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1526; Pub. L. 86–559, §1(56), June 30, 1960, 74 Stat. 276, placed restrictions on promotion consideration of Air Force nurses, medical specialists, and female officers being considered for promotion to the Reserve grades of lieutenant colonel and colonel, prior to repeal by Pub. L. 90–130, §1(28)(C), Nov. 8, 1967, 81 Stat. 382.
Amendments
2018—Pub. L. 115–232, §807(b)(15), renumbered section 6336 of this title as this section.
Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 8330" for "section 6330".
2006—Subsecs. (a), (c). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".
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.