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10 U.S.C. § 7344 — Higher grade after 30 years of service: warrant officers and enlisted members
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army.
**(b)** This section applies to—
(1) warrant officers of the Army;
(2) enlisted members of the Regular Army; and
(3) reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty).
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Stable record: federal_law:legal_authorities:record_usc_64763d9ac5020853969b9acd
Source file: Laws/federal/codes/united-states-code/title-10/section-7344-higher-grade-after-30-years-of-service-warrant-officers-and-enlisted-mem--80f3e6807b.md
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Source location: Title 10, Chapter 743, § 7344; chapter-743-retired-grade.md
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**(a)** Each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army.
**(b)** This section applies to—
(1) warrant officers of the Army;
(2) enlisted members of the Regular Army; and
(3) reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty).
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Federal law — U.S. Code and appendices · legal_authorities
Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:
(1) The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired.
(2) The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.
(3) The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.
(4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1372
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
Each retired warrant officer or enlisted member of the Army who has been advanced on the retired list to a higher commissioned grade under [section 7344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7344&num=0&edition=prelim), and who applies to the Secretary of the Army 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7345
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Entitlement to Recomputation.—** An enlisted member or warrant officer of the Army who is advanced on the retired list under [section 7344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7344&num=0&edition=prelim) is entitled to recompute his retired pay in accordance with this section.
**(b) Formula.—** The monthly retired pay of a member entitled to recompute that pay under this section is computed by multiplying—
(1) the member’s retired pay base (as computed under section 1406(c) or 1407 of this title), by
(2) the 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=prelim) for the number of years credited to the member under [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1405&num=0&edition=prelim).
**(c) Rounding to Next Lower Dollar.—** The amount computed under subsection (b), if not a multiple of $1, shall be rounded to the next lower multiple of $1.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7362
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Federal law — U.S. Code and appendices · legal_authorities
Page 3034
TITLE 10—ARMED FORCES
§ 7344
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.
§ 7344. Higher grade after 30 years of service:
warrant officers and enlisted members
(a) Each retired member of the Army covered
by subsection (b) who is retired with less than 30
years of active service is entitled, when his ac-
tive service plus his service on the retired list
totals 30 years, to be advanced on the retired list
to the highest grade in which he served on ac-
tive duty satisfactorily (or, in the case of a
member of the National Guard, in which he
served on full-time duty satisfactorily), as de-
termined by the Secretary of the Army.
(b) This section applies to—
(1) warrant officers of the Army;
(2) enlisted members of the Regular Army;
and
(3) reserve enlisted members of the Army
who, at the time of retirement, are serving on
active duty (or, in the case of members of the
National Guard, on full-time National Guard
duty).
(Aug. 10, 1956, ch. 1041, 70A Stat. 231, § 3964; Pub.
L. 85–861, § 1(100), Sept. 2, 1958, 72 Stat. 1489; Pub.
L. 98–525, title V, § 533(c), Oct. 19, 1984, 98 Stat.
2528; Pub. L. 100–180, div. A, title V, § 512(a), Dec.
4, 1987, 101 Stat. 1089; renumbered § 7344, Pub. L.
115–232, div. A, title VIII, § 808(b)(13), Aug. 13,
2018, 132 Stat. 1839.)
HISTORICAL AND REVISION NOTES
1956 ACT
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
3964 .........
10:594 (1st proviso, less
last 39 words; and last
proviso).
10:1004 (less 30 words be-
fore pr
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 7344
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