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

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).

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Stable record: federal_law:legal_authorities:record_usc_ee942d7fd744faab444fd123
Source file: Laws/federal/codes/united-states-code/title-10/section-1293-twenty-years-or-more-warrant-officers--f6d65a4a0d.md
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Source location: Title 10, Chapter 65, § 1293; chapter-065-retirement-of-warrant-officers-for-length-of-service.md

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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).

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

37 U.S.C. § 101 — Definitions

In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title: (1) (A) The term “United States”, in a geographic sense, means the States and the District of Columbia. (B) The term “continental United States” means the 48 contiguous States and the District of Columbia. (2) The term “possessions” includes Guam, American Samoa, and the guano islands. (3) The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force,and Coast Guard. (5) The term “Secretary concerned” means— (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; (D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy; (E) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and (F) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service. (6) The term “National Guard” means the Army National Guard and the Air National Guard. (7) The term “Army National Guard” means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that— (A) is a land force; (B)

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

10 U.S.C. § 1315 — Computation of retired pay: law applicable

A member of the armed forces retired under this chapter is entitled to retired pay computed under chapter 71 of this title.

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

33 U.S.C. § 3001 — Commissioned officer corps

There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps.

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

10 U.S.C. § 1463 — Payments from the Fund

**(a)** There shall be paid from the Fund— (1) retired pay payable to members on the retired lists of the Army, Navy, Air Force, Marine Corps, and Coast Guard, and Space Force 11 See 2021 Amendment notes below. and payments under section 1413a, 1414, or 1415 of this title paid to such members; (2) retired pay payable under chapter 1223 of this title to former members of the armed forces; (3) retainer pay payable to members of the Fleet Reserve and Fleet Marine Corps Reserve; (4) benefits payable under programs under the jurisdiction of the Department of Defense and the Department of Homeland Security that provide annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and (5) amounts payable under [section 1408(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1408/h&num=0&edition=prelim). **(b)** The assets of the Fund are hereby made available for payments under subsection (a).

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

10 U.S.C. § 580 — Regular warrant officers twice failing of selection for promotion: involuntary retirement or separation

**(a)** (1) Unless retired or separated sooner under some other provision of law, a regular chief warrant officer who has twice failed of selection for promotion to the next higher regular warrant officer grade shall be retired under paragraph (2) or (3) or separated from active duty under paragraph (4). (2) If a warrant officer described in paragraph (1) has more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the report of the board under [section 576(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/e&num=0&edition=prelim), or (B) the date on which his name was removed from the recommended list under [section 579 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section579&num=0&edition=prelim), whichever applies, the warrant officer shall be retired. The date of such retirement shall be not later than the first day of the seventh calendar month beginning after the applicable date under the preceding sentence, except as provided by [section 8301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8301&num=0&edition=prelim). A warrant officer retired under this paragraph shall receive retired pay computed under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401&num=0&edition=prelim). (3) If a warrant officer described in paragraph (1) has at least 18 but not more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the report of the board under [section 576(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/e&num=0&edition=prelim), or (B) the date

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

37 U.S.C. § 311 — Repealed. Pub. L. 99–145, title VI, § 639(b), Nov. 8, 1985, 99 Stat. 651]

### Statutory Notes Section, added Pub. L. 90–207, § 1(2)(A), Dec. 16, 1967, 81 Stat. 651; amended Pub. L. 90–603, § 1, Oct. 18, 1968, 82 Stat. 1187; Pub. L. 90–623, § 3(5), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–274, § 1(3), May 6, 1974, 88 Stat. 95; Pub. L. 93–394, § 1, Aug. 29, 1974, 88 Stat. 792; Pub. L. 96–284, § 4(d)(1)–(3), June 28, 1980, 94 Stat. 591, 592; Pub. L. 96–513, title IV, § 414(b), title V, § 516(7), Dec. 12, 1980, 94 Stat. 2906, 2938, provided for continuation pay for dentists in the armed forces. See [section 302b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section302b&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Oct. 1, 1985, see section 639(f) of Pub. L. 99–145, set out as an Effective Date of 1985 Amendment note under [section 302b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section302b&num=0&edition=prelim).

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

10 U.S.C. § 9311 — Twenty years or more: regular or reserve commissioned officers

**(a)** The Secretary of the Air Force may, upon the officer’s request, retire a regular or reserve commissioned officer of the Air Force or the Space Force who has at least 20 years of service computed under [section 9326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9326&num=0&edition=prelim), at least 10 years of which have been active service as a commissioned officer. **(b)** (1) The Secretary of Defense may authorize the Secretary of the Air Force, during the period specified in paragraph (2), to reduce the requirement under subsection (a) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Air Force) of not less than eight years. (2) The period specified in this paragraph is the period beginning on January 7, 2011, and ending on September 30, 2018.

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

10 U.S.C. § 7311 — Twenty years or more: regular or reserve commissioned officers

**(a)** The Secretary of the Army may, upon the officer’s request, retire a regular or reserve commissioned officer of the Army who has at least 20 years of service computed under [section 7326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326&num=0&edition=prelim), at least 10 years of which have been active service as a commissioned officer. **(b)** (1) The Secretary of Defense may authorize the Secretary of the Army, during the period specified in paragraph (2), to reduce the requirement under subsection (a) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Army) of not less than eight years. (2) The period specified in this paragraph is the period beginning on January 7, 2011, and ending on September 30, 2018.

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

10 U.S.C. § 1141 — Involuntary separation defined

A member of the armed forces shall be considered to be involuntarily separated for purposes of this chapter if the member was on active duty or full-time National Guard duty on September 30, 1990, or after November 29, 1993, or, with respect to a member of the Coast Guard, if the member was on active duty in the Coast Guard after September 30, 1994, and— (1) in the case of a regular officer (other than a retired officer), the officer is involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned; (2) in the case of a reserve officer who is on the active-duty list or, if not on the active-duty list, is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the officer is involuntarily discharged or released from active duty or full-time National Guard (other than a release from active duty or full-time National Guard duty incident to a transfer to retired status) under other than adverse conditions, as characterized by the Secretary concerned; (3) in the case of a regular enlisted member serving on active duty, the member is (A) denied reenlistment, or (B) involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned; (4) in the case of a reserve enlisted member who is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the member (A) is denied reenlistment, or (B) is involuntarily discharged or released from active duty (or full-time National Guard) under other t

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