10 U.S.C. § 8328 — Computation of years of service: vol-

Page 3233 TITLE 10—ARMED FORCES § 8330 tled if on active duty’’ after ‘‘50 percent of the basic pay’’. 1958—Subsec. (e). Pub. L. 85–583 entitled eligible members of Naval Reserve or Marine Corps Reserve to elect to transfer to Fleet Reserve or Fleet Marine Corps Reserve. 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 1963 AMENDMENT Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uni- formed Services. § 8328. Computation of years of service: vol- untary retirement (a) ENLISTED MEMBERS.—Time required to be made up under section 972(a) of this title after February 10, 1996, may not be counted in com- puting years of service under this chapter. (b) OFFICERS.—Section 972(b) of this title ex- cludes from computation of an officer’s years of service for purposes of this chapter any time identified with respect to that officer under that section. (c) TIME SPENT IN SEAMAN TO ADMIRAL PRO- GRAM.—The months of active service in pursuit of a baccalaureate-level degree under the Sea- man to Admiral (STA–21) program of the Navy of officer candidates selected for the program on or after October 28, 2009, shall be excluded in computing the years of service of an officer who was appointed to the grade of ensign in the Navy upon completion of the program to determine the eligibility of the officer for retirement, un- less the officer becomes subject to involuntary separation or retirement due to physical dis- ability. Such active service shall be counted in computing the years of active service of the offi- cer for all other purposes. (Added Pub. L. 104–106, div. A, title V, § 561(d)(3)(A), Feb. 10, 1996, 110 Stat. 322, § 6328; amended Pub. L. 107–107, div. A, title X, § 1048(c)(13), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 111–84, div. A, title V, § 505, Oct. 28, 2009, 123 Stat. 2277; Pub. L. 113–291, div. A, title X, § 1071(e)(5), Dec. 19, 2014, 128 Stat. 3510; renumbered § 8328, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6328 of this title as this section. 2014—Subsec. (c). Pub. L. 113–291 substituted ‘‘on or after October 28, 2009,’’ for ‘‘on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010’’. 2009—Subsec. (c). Pub. L. 111–84 added subsec. (c). 2001—Subsec. (a). Pub. L. 107–107 substituted ‘‘Feb- ruary 10, 1996,’’ for ‘‘the date of the enactment of 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. EFFECTIVE DATE Section effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 972 of this title. § 8329. Officers not to be retired for misconduct No officer of the Navy or the Marine Corps may be retired because of misconduct for which trial by court-martial would be appropriate. (Aug. 10, 1956, ch. 1041, 70A Stat. 396, § 6329; re- numbered § 8329, 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) 6329 ......... 34 U.S.C. 385. R.S. 1456. 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. The words ‘‘for which trial by court-martial would be appropriate’’ are substituted for the words ‘‘but he shall be brought to trial by court-martial for such mis- conduct’’. The peremptory command in the source text is at variance with the theory of the Uniform Code of Military Justice and conflicts with the provisions of ar- ticles 30, 32, and 34. The substituted words are in accord with the interpretation placed on R.S. 1456 in Denby v. Berry, 263 U.S. 29, 36 (Nov. 12, 1923). Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6329 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. § 8330. Enlisted members: transfer to Fleet Re- serve and Fleet Marine Corps Reserve; re- tainer pay (a) The Fleet Reserve and the Fleet Marine Corps Reserve are composed of members of the naval service transferred thereto under this sec- tion. (b) An enlisted member of the Regular Navy or the Navy Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Re- serve. An enlisted member of the Regular Ma- rine Corps or the Marine Corps Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be trans- ferred to the Fleet Marine Corps Reserve.