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10 U.S.C. § 8334 — Higher grade after 30 years of service: warrant officers and enlisted members

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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. FormulaColumn 1 TakeColumn 2 Multiply by 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. ARetired pay base as computed under section 1406(d) or 1407 of this titleThe retired pay multiplier prescribed in [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=

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Source file: Laws/federal/codes/united-states-code/title-10/section-8334-higher-grade-after-30-years-of-service-warrant-officers-and-enlisted-mem--042c19fd00.md
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Source location: Title 10, Chapter 841, § 8334; chapter-841-voluntary-retirement.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1409 — Retired pay multiplier

**(a) Retired Pay Multiplier for Regular-Service Nondisability Retirement.—** In computing— (1) the retired pay of a member of a uniformed service who is entitled to that pay under any provision of law other than— (A) chapter 61 of this title (relating to retirement or separation for physical disability); or (B) chapter 1223 of this title (relating to retirement for non-regular service); or (2) the retainer pay of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under [section 8330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8330&num=0&edition=prelim), the retired pay multiplier (or retainer pay multiplier) is the percentage determined under subsection (b). **(b) Percentage.—** (1) **General rule.—** — Subject to paragraphs (2) and (3), the percentage to be used under subsection (a) is the product (stated as a percentage) of— (A) 2½, and (B) the member’s years of creditable service (as defined in subsection (c)). (2) **Reduction applicable to certain new-retirement members with less than 30 years of service.—** — In the case of a member who first became a member of a uniformed service after July 31, 1986, has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or [section 354 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section354&num=0&edition=prelim), has less than 30 years of creditable service, and is under the age of 62 at the time of retirement, the percentage determined under paragraph (1) shall be reduced by— (A) 1 percentage point for each full year that the member’s years of creditable service are less than 30; and (B) 1⁄12 of 1 pe

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1405 — Years of service

**(a) In General.—** For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding— (1) his years of active service; (2) the years of service, not included in clause (1), with which he was entitled to be credited on May 31, 1958, in computing his basic pay; and (3) the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim) if he were entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim). **(b) Fractional Years of Service.—** In determining a member’s years of service under subsection (a)— (1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and (2) any remaining fractional part of a month shall be disregarded. **(c) Exclusion of Time Required To Be Made Up or Excluded.—** (1) Time required to be made up by an enlisted member of the Army, Air Force, or Space Force under [section 972(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section972/a&num=0&edition=prelim), or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after October 5, 1994, may not be counted in determining years of service under subsection (a). (2) [Section 972(b) of this title](https://uscode.house.gov/v

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 6334 — Charges to individual program, project, or activity

Of the funds authorized by the Secretary of Energy for laboratory directed research and development, no individual program, project, or activity funded by this or any subsequent Act 11 See References in Text note below. making appropriations for Energy and Water Development for any fiscal year may be charged more than the statutory maximum authorized for such activities: Provided, That this section shall take effect not earlier than October 1, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8334&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8334 — Higher grade after 30 years of service:

Page 3238 TITLE 10—ARMED FORCES § 8334 1996—Subsec. (a). Pub. L. 104–106 struck out first pe- riod 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 sec- tion 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, desig- nating existing provision as subsec. (b)(1), substituting ‘‘under this section’’ for ‘‘under this chapter’’, and add- ing 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 re- tainer 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 computa- tion 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 Re- serve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to recomputation of retired pay of any en- listed 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 Oc

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