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10 U.S.C. § 8323 — Officers: 20 years

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

10 U.S.C. § 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](ht

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Stable record: federal_law:legal_authorities:record_usc_9a9ef1080ae46b3478e94022
Source file: Laws/federal/codes/united-states-code/title-10/section-8323-officers-20-years--76d835f628.md
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Source location: Title 10, Chapter 841, § 8323; chapter-841-voluntary-retirement.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8327&num=0&edition=prelim), may be retired under this section, notwithstanding their retired status, if they are otherwise eligible.

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

10 U.S.C. § 1370 — Regular commissioned officers

**(a) Retirement in Highest Grade in Which Served Satisfactorily.—** (1) **In general.—** — Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, Marine Corps, or Space Force who retires under any provision of law other than chapter 61 or 1223 of this title shall be retired in the highest permanent grade in which such officer is determined to have served on active duty satisfactorily. (2) **Determination of satisfactory service.—** — The determination of satisfactory service of an officer in a grade under paragraph (1) shall be made as follows: (A) By the Secretary of the military department concerned, if the officer is serving in a grade at or below the grade of major general or rear admiral. (B) By the Secretary of Defense, if the officer is serving or has served in a grade above the grade of major general or rear admiral. (3) **Effect of misconduct in lower grade in determination.—** — If the Secretary of a military department or the Secretary of Defense, as applicable, determines that an officer committed misconduct in a lower grade than the retirement grade otherwise provided for the officer by this section— (A) such Secretary may deem the officer to have not served satisfactorily in any grade equal to or higher than such lower grade for purposes of determining the retirement grade of the officer under this section; and (B) the grade next lower to such lower grade shall be the retired grade of the officer under this section. (4) **Nature of retirement of certain reserve officers and officers in temporary grades.—** — A reserve officer, or an officer appointed to a position under [section 601 of this title](https://uscode.house.g

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1370

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

10 U.S.C. § 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. FormulaForsectionsColumn 1TakeColumn 2Multiply by A8325(a)6326 Retired pay base computed under section 1406(d) or 1407Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to the member under section 1405. B8323 8325(b)8470 8372 Retired pay base computed under section 1406(d) or 1407Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. C8330 Retainer pay base computed under section 1406(d) or 1407Retainer 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8336&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1406/a/1&num=0&edition=prelim)) 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 transf

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8333

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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).

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

37 U.S.C. § 201 — Pay grades: assignment to; general rules

**(a)** For the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades: Pay gradeArmy, Air Force, Marine Corps, and Space ForceNavy, Coast Guard, andNational Oceanic and Atmospheric AdministrationPublic Health Service O–10GeneralAdmiralAssistant Secretary for Health. O–9Lieutenant generalVice admiralSurgeon General. O–8Major generalRear admiralDeputy Surgeon General.Assistant Surgeon General having rank of major general. O–7Brigadier generalRear admiral (lower half)Assistant Surgeon General having rank of brigadier general. O–6ColonelCaptainDirector grade. O–5Lieutenant colonelCommanderSenior grade. O–4MajorLieutenant commanderFull grade. O–3CaptainLieutenantSenior assistant grade. O–21st lieu­tenantLieutenant (junior grade)Assistant grade. O–12d lieu­tenantEnsignJunior assistant grade. **(b)** For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades: Pay Grade:Warrant Officer Grade: W–5 Chief Warrant Officer, W–5. W–4 Chief Warrant Officer, W–4. W–3 Chief Warrant Officer, W–3. W–2 Chief Warrant Officer, W–2. W–1 Warrant Officer, W–1. **(c)** Unless entitled to the basic pay of a higher pay grade, an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the lowest rate prescribed for pay grade E–4. **(d)** Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Navy Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E–5. **(e)** Except as provided by s

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 201

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

10 U.S.C. § 6323 — Assessments of emergency preparedness of defense nuclear facilities

The Secretary of Energy shall include, in each award-fee evaluation conducted under section 16.401 of title 48, Code of Federal Regulations, of a management and operating contract for a Department of Energy defense nuclear facility in 2016 or any even-numbered year thereafter, an assessment of the adequacy of the emergency preparedness of that facility, including an assessment of the seniority level of management and operating contractor employees that participate in emergency preparedness exercises at that facility.

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

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301

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

10 U.S.C. § 1293 — Twenty years or more: warrant officers

The Secretary concerned may, upon the warrant officer’s request, retire a warrant officer of any armed force under his jurisdiction who has at least 20 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1293

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

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8330&num=0&edition=prelim), is entitled to elect which of these benefits he is to receive.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8327

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

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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

10 U.S.C. § 8372 — Regular Navy and Regular Marine Corps; officers designated for limited duty: retirement for length of service or failures of selection for promotion; discharge for failures of selection for promotion; reversion to prior status; retired grade; retired pay

**(a) Mandatory Retirement.—** (1) Except as provided in subsection (k), each regular officer of the Navy who is an officer designated for limited duty and who is serving in a grade below the grade of commander and each regular officer of the Marine Corps who is an officer designated for limited duty shall be retired on the last day of the month following the month in which he completes 30 years of active naval service, exclusive of active duty for training in a reserve component. (2) Except as provided in subsection (k), each regular officer of the Navy designated for limited duty who is serving in the grade of commander, has failed of selection for promotion to the grade of captain for the second time, and is not on a list of officers recommended for promotion to the grade of captain shall— (A) if eligible for retirement as a commissioned officer under any provision of law, be retired under that provision of law on the date requested by the officer and approved by the Secretary of the Navy, except that the date of retirement may not be later than the first day of the seventh month beginning after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public; or (B) if not eligible for retirement as a commissioned officer, be retired on the date requested by the officer and approved by the Secretary of the Navy after the officer becomes eligible for retirement as a commissioned officer, except that the date of retirement may not be later than the first day of the seventh calendar month beginning after the month in which the officer becomes eligible for retirement as a commissioned officer. (3) Except as provided in subsection (k), if not retired earlier, a regular officer o

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8372

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