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10 U.S.C. § 638b — Voluntary retirement incentive
Federal law — U.S. Code and appendices · legal_authorities
**(a) Incentive for Voluntary Retirement for Certain Officers.—** The Secretary of Defense may authorize the Secretary of a military department to provide a voluntary retirement incentive payment in accordance with this section to an officer of the armed forces under that Secretary’s jurisdiction who is specified in subsection (c) as being eligible for such a payment.
**(b) Limitations.—**
(1) Any authority provided the Secretary of a military department under this section shall expire as specified by the Secretary of Defense, but not later than December 31, 2018.
(2) The total number of officers who may be provided a voluntary retirement incentive payment under this section may not exceed 675 officers.
**(c) Eligible Officers.—**
(1) Except as provided in paragraph (2), an officer of the armed forces is eligible for a voluntary retirement incentive payment under this section if the officer—
(A) has served on active duty for more than 20 years, but not more than 29 years, on the approved date of retirement;
(B) meets the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer in accordance with section 7311, 8323, or 9311 of this title, as applicable to that officer;
(C) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement years of active service for the member’s grade as specified in section 633 or 634 of this title;
(D) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement age under any other provision of law; and
(E) meets any additional requirements for such eligibility as is specified by the Secretary concerned, including any requirement relating to
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Stable record: federal_law:legal_authorities:record_usc_c30e08e399cb2eb57b6fde77
Source file: Laws/federal/codes/united-states-code/title-10/section-638b-voluntary-retirement-incentive--b97fa7d525.md
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Source location: Title 10, Chapter 36, § 638b; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md
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**(a) Incentive for Voluntary Retirement for Certain Officers.—** The Secretary of Defense may authorize the Secretary of a military department to provide a voluntary retirement incentive payment in accordance with this section to an officer of the armed forces under that Secretary’s jurisdiction who is specified in subsection (c) as being eligible for such a payment.
**(b) Limitations.—**
(1) Any authority provided the Secretary of a military department under this section shall expire as specified by the Secretary of Defense, but not later than December 31, 2018.
(2) The total number of officers who may be provided a voluntary retirement incentive payment under this section may not exceed 675 officers.
**(c) Eligible Officers.—**
(1) Except as provided in paragraph (2), an officer of the armed forces is eligible for a voluntary retirement incentive payment under this section if the officer—
(A) has served on active duty for more than 20 years, but not more than 29 years, on the approved date of retirement;
(B) meets the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer in accordance with section 7311, 8323, or 9311 of this title, as applicable to that officer;
(C) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement years of active service for the member’s grade as specified in section 633 or 634 of this title;
(D) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement age under any other provision of law; and
(E) meets any additional requirements for such eligibility as is specified by the Secretary concerned, including any requirement relating to years of service, skill rating, military specialty or competitive category, grade, any remaining period of obligated service, or any combination thereof.
(2) The following officers are not eligible for a voluntary retirement incentive payment under this section:
(A) An officer being evaluated for disability under chapter 61 of this title.
(B) An officer projected to be retired under section 1201 or 1204 of this title.
(C) An officer projected to be discharged with disability severance pay under [section 1212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1212&num=0&edition=prelim).
(D) A member transferred to the temporary disability retired list under section 1202 or 1205 of this title.
(E) An officer subject to pending disciplinary action or subject to administrative separation or mandatory discharge under any other provision of law or regulation.
**(d) Amount of Payment.—** The amount of the voluntary retirement incentive payment paid an officer under this section shall be an amount determined by the Secretary concerned, but not to exceed an amount equal to 12 times the amount of the officer’s monthly basic pay at the time of the officer’s retirement. The amount may be paid in a lump sum at the time of retirement.
**(e) Repayment for Members Who Return to Active Duty.—**
(1) Except as provided in paragraph (2), a member of the armed forces who, after having received all or part of a voluntary retirement incentive under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary retirement incentive received.
(2) Members who are involuntarily recalled to active duty or full-time National Guard duty under any provision of law shall not be subject to this subsection.
(3) The Secretary of Defense may waive, in whole or in part, repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interest of the United States. The authority in this paragraph may be delegated only to the Under Secretary of Defense for Personnel and Readiness and the Principal Deputy Under Secretary of Defense of Personnel and Readiness.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Upon separation from his armed force under section 1203 or 1206 of this title, a member is entitled to disability severance pay computed by multiplying (1) the member’s years of service computed under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1208&num=0&edition=prelim) (subject to the minimum and maximum years of service provided for in subsection (c)), by (2) the highest of the following amounts:
(A) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when he is separated and (ii) in the grade and rank in which he was serving on the date when his name was placed on the temporary disability retired list, or if his name was not carried on that list, on the date when he is separated.
(B) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and (ii) in any temporary grade or rank higher than that described in clause (A), in which he served satisfactorily as determined by the Secretary of the military department or the Secretary of Homeland Security, as the case may be, having jurisdiction over the armed force from which he is separated.
(C) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and (ii) in 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 separat
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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
Page 628
TITLE 10—ARMED FORCES
§ 638b
Stat. 3355; Pub. L. 114–92, div. A, title V, § 503,
Nov. 25, 2015, 129 Stat. 807; Pub. L. 114–328, div. A,
title V, §§ 506, 508(b), Dec. 23, 2016, 130 Stat. 2108,
2109; Pub. L. 115–91, div. A, title V, § 503, Dec. 12,
2017, 131 Stat. 1373; Pub. L. 115–232, div. A, title
VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
Editorial Notes
REFERENCES IN TEXT
Section 4403 of the National Defense Authorization
Act for Fiscal Year 1993, referred to in subsecs. (b)(3)(C)
and (e)(1), is section 4403 of Pub. L. 102–484, which is set
out as a note under section 1293 of this title.
AMENDMENTS
2018—Subsecs. (b)(2)(C), (e)(1). Pub. L. 115–232 sub-
stituted ‘‘section 7311, 8323, or 9311’’ for ‘‘section 3911,
6323, or 8911’’.
2017—Subsec. (c)(1). Pub. L. 115–91, § 503(1), added par.
(1) and struck out former par. (1) which read as follows:
‘‘In the case of an action under subsection (b)(2), the
Secretary of the military department concerned shall
specify the number of officers described in that sub-
section which a selection board convened under section
611(b) of this title pursuant to the authority of that
subsection may recommend for early retirement. Such
number may not be more than 30 percent of the number
of officers considered in each grade in each competitive
category.’’
Subsec. (d)(2). Pub. L. 115–91, § 503(2), added par. (2)
and struck out former par. (2) which read as follows:
‘‘The Secretary concerned shall specify the total num-
ber of officers to be recommended for discharge by a se-
lection board convened pursuant to subsection (b)(3).
That number may not be more than 30 percent of the
number of officers considered.’’
2016—Subsec. (a)(2). Pub. L. 114–328, § 508(b), sub-
stituted ‘‘December 31, 2025’’ for ‘‘Dec
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 638b
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