10 U.S.C. § 8322 — Officers: 30 years

Page 3226 TITLE 10—ARMED FORCES § 8322 In subsection (a) the words ‘‘Regular’’ and ‘‘holding a permanent appointment in the grade of warrant officer, W–1, or above’’ are inserted for clarity. The word ‘‘shall’’ is substituted for the word ‘‘may’’ because the Attorney General has construed R.S. 1443 as conferring a right to retirement upon officers who apply for it after 40 years of service (30 Op. Atty. Gen. 406). The words ‘‘from active service’’ are omitted as surplusage. The words ‘‘after completing 40 or more years of active service’’ are substituted for the words ‘‘has been forty years in the service of the United States’’ for clarity. In subsection (b) the accepted meaning of the words ‘‘service of the United States’’ is spelled out for clarity. They have been consistently interpreted to include ac- tive service in the armed forces as defined in this title. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6321 of this title as this section. 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. § 8322. Officers: 30 years (a) An officer of the Regular Navy or the Reg- ular Marine Corps holding a permanent appoint- ment in the grade of warrant officer, W–1, or above who applies for retirement after com- pleting 30 or more years of active service may, in the discretion of the Secretary of the Navy, be retired. (b) For the purpose of this section, an officer’s years of active service are computed by adding all his active service in the armed forces. (Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6322; Pub. L. 96–342, title VIII, § 813(d)(1), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, § 513(17), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 99–348, title II, § 203(b)(1), July 1, 1986, 100 Stat. 696; renumbered § 8322, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6322 ......... 34 U.S.C. 383. May 13, 1908, ch. 166, 35 Stat. 128 (8th sentence, less proviso); June 17, 1948, ch. 497, § 1(d), 62 Stat. 477. 34 U.S.C. 879 (less appli- cability to enlisted men). June 4, 1920, ch. 228, § 3 (3d proviso, less appli- cability to enlisted men), 41 Stat. 835. 34 U.S.C. 626–1(a) (1st sentence). Aug. 7, 1947, ch. 512, § 314(a) (1st sentence), 61 Stat. 863; May 5, 1954, ch. 180, § 205, 68 Stat. 68. In subsection (a) the words ‘‘Regular’’ and ‘‘holding a permanent appointment in the grade of warrant officer, W–1, or above’’ are inserted for clarity. The words ‘‘after completing 30 or more years of active service’’ are substituted for the words ‘‘has been thirty years in the service’’ for clarity. The words ‘‘retired from active service’’ are omitted as surplusage. Subsection (b) is added to clarify the word ‘‘service’’. It has been consistently interpreted to include active service in the armed forces as defined in this title. In subsection (c) the words ‘‘is entitled to retired pay at the rate of 75 percent of the highest basic pay of the grade in which retired’’ are substituted for the words ‘‘with three-fourths of the highest pay of his grade’’ for clarity and uniformity of expression. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6322 of this title as this section. 1986—Subsec. (c). Pub. L. 99–348 struck out subsec. (c) which provided that each officer retired under this sec- tion be entitled to retired pay, in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, at the rate of 75 percent of the highest basic pay of the grade in which retired, and in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, at the rate of 75 percent of the monthly retired pay base computed under section 1407(d). 1980—Subsec. (c). Pub. L. 96–513 substituted ‘‘Sep- tember 8, 1980’’ for ‘‘the date of the enactment of the Department of Defense Authorization Act, 1981’’ wher- ever appearing. Pub. L. 96–342 designated existing provisions as par. (1), inserted provision limiting applicability to officers who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added par. (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 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 8323. Officers: 20 years (a)(1) An officer of the Navy or the Marine Corps who applies for retirement after com- pleting more than 20 years of active service, of which at least 10 years was service as a commis- sioned 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 re- quirement 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 of- ficer 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.