10 U.S.C. § 8262 — Higher retired grade and pay for mem-

Page 3207 TITLE 10—ARMED FORCES § 8262 Sec. 8265. Mileage books: commutation tickets. 8266. Uniforms, accouterments, and equipment: sale at cost. 8267. Uniform: sale to former members of the naval service. 8270. Pension to persons serving ten years. 8271. Settlement of accounts: remission or can- cellation of indebtedness of members. Editorial Notes PRIOR PROVISIONS A prior chapter 831, consisting of sections 8201 to 8230, related to the force strength of the Air Force, prior to renumbering as chapter 911 of this title. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 561 of this title as this chapter and items 6141, 6151 to 6156, 6160, and 6161 as 8261 to 8267, 8270, and 8271, respectively. 2006—Pub. L. 109–364, div. A, title X, § 1071(a)(32), Oct. 17, 2006, 120 Stat. 2400, substituted colon for semicolon in item 6154 and ‘‘Settlement of accounts: remission or cancellation of indebtedness of members’’ for ‘‘Remis- sion of indebtedness of enlisted members discharge’’ in item 6161. Pub. L. 109–163, div. A, title VI, § 683(b)(2), Jan. 6, 2006, 119 Stat. 3323, struck out ‘‘upon’’ after ‘‘members’’ in item 6161. 1998—Pub. L. 105–261, div. A, title VI, § 644(b)(2), Oct. 17, 1998, 112 Stat. 2049, added item 6141. 1986—Pub. L. 99–661, div. A, title VI, § 604(f)(1)(B)(iii), Nov. 14, 1986, 100 Stat. 3877, struck out item 6148 ‘‘Dis- ability and death benefits: Naval Reserve and Marine Corps Reserve’’. 1980—Pub. L. 96–513, title V, § 513(13), Dec. 12, 1980, 94 Stat. 2932, struck out items 6141 ‘‘Pay: officers; date of commencement’’, 6142 ‘‘Pay: assignments’’, 6143 ‘‘Pay: sale to be discouraged by commanding officer’’, 6144 ‘‘Pay accounts: settlement when lost with vessel’’, 6145 ‘‘Pay accounts: settlement; fixing date of loss of ves- sel’’, 6146 ‘‘Allotments: officers’’, and 6147 ‘‘Allowances: prisoners’’. 1970—Pub. L. 91–482, § 2D, Oct. 21, 1970, 84 Stat. 1082, struck out item 6159 ‘‘Half rating to disabled naval en- listed personnel serving twenty years’’. 1968—Pub. L. 90–235, § 7(b)(4), Jan. 2, 1968, 81 Stat. 763, struck out item 6158 ‘‘Exemption from arrest for debt: enlisted members of Marine Corps’’. 1963—Pub. L. 88–132, § 5(h)(3), Oct. 2, 1963, 77 Stat. 214, struck out item 6149 ‘‘Retired pay: computed on basis of rates of pay for officers on the active list’’. 1962—Pub. L. 87–651, title I, § 123(c), Sept. 7, 1962, 76 Stat. 514, struck out item 6157 ‘‘Motor vehicles: trans- portation on permanent change of station’’. 1960—Pub. L. 86–511, § 1(b), June 11, 1960, 74 Stat. 207, added item 6161. 1959—Pub. L. 86–155, § 9(a)(2), Aug. 11, 1959, 73 Stat. 337, struck out item 6150 ‘‘Higher retired grade for officers specially commended’’. 1958—Pub. L. 85–861, § 1(139)(B), Sept. 2, 1958, 72 Stat. 1508, substituted ‘‘who serve satisfactorily under tem- porary appointments’’ for ‘‘temporarily appointed or promoted during World War II’’ in item 6151. 1957—Pub. L. 85–56, title XXII, § 2201(31)(D), June 17, 1957, 71 Stat. 162, eff. Jan. 1, 1958, added items 6159 and 6160. § 8261. Presentation of United States flag upon retirement (a) PRESENTATION OF FLAG.—Upon the release of a member of the Navy or Marine Corps from active duty for retirement or transfer to the Fleet Reserve or the Fleet Marine Corps Re- serve, the Secretary of the Navy shall present a United States flag to the member. (b) MULTIPLE PRESENTATIONS NOT AUTHOR- IZED.—A member is not eligible for a presen- tation of a flag under subsection (a) if the mem- ber has previously been presented a flag under this section or any other provision of law pro- viding for the presentation of a United States flag incident to release from active service for retirement. (c) NO COST TO RECIPIENT.—The presentation of a flag under this section shall be at no cost to the recipient. (Added Pub. L. 105–261, div. A, title VI, § 644(b)(1), Oct. 17, 1998, 112 Stat. 2048, § 6141; amended Pub. L. 106–65, div. A, title VI, § 652(e), Oct. 5, 1999, 113 Stat. 666; renumbered § 8261, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.) Editorial Notes PRIOR PROVISIONS A prior section 8261, acts Aug. 10, 1956, ch. 1041, 70A Stat. 505; Oct. 4, 1961, Pub. L. 87–378, § 4, 75 Stat. 808, re- lated to enlistment in Air National Guard of United States, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1662(b)(3), Oct. 5, 1994, 108 Stat. 2990. See section 12107 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6141 of this title as this section. 1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘under this section or any other provision of law providing for the presentation of a United States flag incident to re- lease from active service for retirement.’’ for ‘‘under this section or section 3681 or 8681 of this title or sec- tion 516 of title 14.’’ 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 applicable with respect to releases from ac- tive duty described in this section, sections 7251 and 9251 of this title, and section 2748 of Title 14, Coast Guard, on or after Oct. 1, 1998, see section 644(e) of Pub. L. 105–261, set out as a note under section 7251 of this title. § 8262. Higher retired grade and pay for mem- bers who serve satisfactorily under tem- porary appointments (a) Unless otherwise entitled to a higher re- tired grade and subject to section 689, and sec- tion 1370 or 1370a (as applicable), of this title, each member, other than a retired member, of the Navy or the Marine Corps shall, when re- tired, be advanced on the retired list to the highest officer grade in which he served satisfac- torily under a temporary appointment as deter- mined by the Secretary of the Navy. (b) Each member (other than a former member of the Fleet Reserve or the Fleet Marine Corps Reserve) who is advanced on the retired list under this section is (unless otherwise entitled to higher retired pay) entitled to retired pay de- termined in accordance with the following table. Page 3208 TITLE 10—ARMED FORCES § 8262 References in the table are to sections of this title. Column 1 Take Column 2 Multiply by Retired pay base computed under section 1406(d) or 1407. Retired pay multiplier pre- scribed under section 1409 for the years of service that may be credited to him under sec- tion 1405. (c) Each former member of the Fleet Reserve or the Fleet Marine Corps Reserve who is ad- vanced on the retired list under this section is entitled to retired pay determined in accordance with the following table. References in the table are to sections of this title. Column 1 Take Column 2 Multiply by Retired pay base computed under section 1406(d) or 1407. Retired pay multiplier pre- scribed under section 1409 for the number of years of serv- ice creditable for his re- tainer pay at the time of re- tirement. (d) A member who is advanced on the retired list under this section from the grade of warrant officer, W–1, or from an enlisted grade to a com- missioned grade, and who applies to the Sec- retary within three months after his advance- ment, shall, if the Secretary approves, be re- stored on the retired list to his former warrant officer or enlisted grade, as the case may be. A member who is restored to his former grade under this subsection is thereafter considered for all purposes as a warrant officer, W–1, or an enlisted member, as the case may be. (e) Retired pay computed under subsection (b) or (c), if not a multiple of $1, shall be rounded to the next lower multiple of $1. (Aug. 10, 1956, ch. 1041, 70A Stat. 385, § 6151; Pub. L. 85–422, § 11(a)(6)(A), May 20, 1958, 72 Stat. 131; Pub. L. 85–861, § 1(138), (139)(A), Sept. 2, 1958, 72 Stat. 1507, 1508; Pub. L. 88–132, § 5(h)(4), Oct. 2, 1963, 77 Stat. 214; Pub. L. 96–342, title VIII, § 813(d)(13), Sept. 8, 1980, 94 Stat. 1108; Pub. L. 96–513, title V, §§ 503(45), 513(17), Dec. 12, 1980, 94 Stat. 2914, 2932; Pub. L. 98–94, title IX, §§ 922(a)(9), 923(c)(1), Sept. 24, 1983, 97 Stat. 641, 643; Pub. L. 99–348, title II, § 203(c), July 1, 1986, 100 Stat. 696; Pub. L. 104–201, div. A, title V, § 521(d), Sept. 23, 1996, 110 Stat. 2517; renumbered § 8262, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 183; Pub. L. 116–283, div. A, title V, § 508(b)(3)(A), Jan. 1, 2021, 134 Stat. 3585.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 6151 ......... 34 U.S.C. 350i(b)(2), (e). July 24, 1941, ch. 320, § 10(b)(2), (e), 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8(a), 60 Stat. 28. 34 U.S.C. 410c(a), (b), (c). Feb. 21, 1946, ch. 34, § 7(a) (less 1st proviso), (b), (c). 60 Stat. 27; Aug. 7, 1947, ch. 512, § 432(a), 61 Stat. 881. HISTORICAL AND REVISION NOTES—CONTINUED 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 34 U.S.C. 43g(c). Apr. 16, 1947, ch. 38, § 207(d), 61 Stat. 49; re- designated (c), Aug. 7, 1947, ch. 512, § 434(d), 61 Stat. 882; May 16, 1950, ch. 186, § 3(h), 64 Stat. 162. 34 U.S.C. 43g(f), (g). Apr. 16, 1947, ch. 38, § 207(g), (h), 61 Stat. 47; redesignated (f), (g), Aug. 7, 1947, ch. 512, § 434(d), 61 Stat. 882. 34 U.S.C. 410r(a), (g), (h). June 12, 1948, ch. 449, § 207(a), (g), (h), 62 Stat. 366. 34 U.S.C. 625h(a). June 12, 1948, ch. 449, § 213(a), 62 Stat. 369. 34 U.S.C. 993c. June 19, 1948, ch. 540, § 3, 62 Stat. 505. Subsections (b) and (c) are worded to conform to the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.). The second and third provisos in 34 U.S.C. 410c(a), relating to the computation of retired pay for officers whose pay on the active list was not based on years of service, are omitted as obsolete, since under the Career Compensation Act of 1949, the active- duty pay of all officers is based on years of service. In subsection (d) the words ‘‘A retired member who is advanced * * * from the grade of warrant officer, W–1, or from an enlisted grade’’ are substituted for the words ‘‘Enlisted men and warrant officers * * * ad- vanced’’ and the words ‘‘as a warrant officer, W–1, or an enlisted member’’ are substituted for the words ‘‘to be enlisted or warrant officer personnel’’ because the War- rant Officer Act of 1954 established the grade of warrant officer, W–1, in lieu of the old warrant officer (as distin- guished from commissioned warrant officer) grades. The words ‘‘rank or’’ are omitted as unnecessary. The words ‘‘within three months of the date of the approval of this Act’’ and ‘‘whichever is the later’’ are omitted as executed. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 6151(a) ..... 34 App.:350i(b)(2). May 31, 1956, ch. 348, § 3, 70 Stat. 222. Reference to the provisions of law under which tem- porary appointments in officer grades were made is omitted as unnecessary, since the provisions cited com- prise all existing authority for such appointments. Editorial Notes PRIOR PROVISIONS A prior section 8262, acts Aug. 10, 1956, ch. 1041, 70A Stat. 506; Sept. 2, 1958, Pub. L. 85–861, § 1(166)(A), 72 Stat. 1516, provided for extension of enlistment of members of the Air Force needing medical care or hospitaliza- tion, prior to repeal by Pub. L. 90–235, § 2(a)(4)(B), Jan. 2, 1968, 81 Stat. 756. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘section 689, and section 1370 or 1370a (as applicable),’’ for ‘‘sec- tions 689 and 1370’’. 2018—Pub. L. 115–232 renumbered section 6151 of this title as this section. 1996—Subsec. (a). Pub. L. 104–201 substituted ‘‘sec- tions 689’’ for ‘‘sections 688’’. 1986—Subsec. (b). Pub. L. 99–348 amended subsec. (b) generally, substituting provision that retired pay be determined in accordance with the table for provision that retired pay, in the case of a member who first be- came a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at the rate of Page 3209 TITLE 10—ARMED FORCES § 8263 21⁄2 percent of the basic pay of the grade to which ad- vanced or, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be at a rate of 21⁄2 percent of the monthly retired pay base computed under section 1407(d), which rates were to be multiplied by the number of years of service credited under sec- tion 1405, but such retired pay was not to be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay was based and, in determining the number of years to be used as a multiplier, each additional full month of service was to be counted as one-twelfth of a year and any remain- ing fractional part of a month was to be disregarded. Subsec. (c). Pub. L. 99–348 amended subsec. (c) gen- erally, substituting provision that retired pay of a former member be determined in accordance with the table for provision that retired pay, in the case of a former member who first became a member of a uni- formed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at a rate of 21⁄2 percent of the basic pay of the grade to which advanced, determined by the same period of service used to determine the basic pay of the grade upon which his retainer pay was based, multiplied by the number of years of creditable service for his retainer pay at the time of retirement, but such retired pay was not to be more than 75 percent of the basic pay upon the computation of retired pay was based, or in the case of a former member who first be- came a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, that retired pay be at a rate of 21⁄2 percent of the monthly retired pay base computed under section 1407(d), multiplied by the number of years of creditable service for his re- tainer pay at the time of retirement, but such retired pay was not to be more than 75 percent of the monthly retired pay base upon which the computation of retired pay was based. 1983—Subsec. (b)(2). Pub. L. 98–94, § 923(c)(1), sub- stituted ‘‘each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any re- maining fractional part of a month is disregarded’’ for ‘‘a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded’’. Subsec. (e). Pub. L. 98–94, § 922(a)(9), added subsec. (e). 1980—Subsec. (a). Pub. L. 96–513, § 503(45), inserted ‘‘and subject to sections 688 and 1370 of this title’’ after ‘‘retired grade’’. Subsec. (b). Pub. L. 96–513, § 513(17), 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 amended subsec. (b) generally, desig- nating existing provisions as pars. (1) and (2) and, as so amended, in par. (1) designated existing provisions as subpar. (A), as so designated, inserted provision lim- iting applicability to members who became members of the uniformed services before the date of the enact- ment of the Department of Defense Authorization Act, 1981, and added subpar. (B). Subsec. (c). Pub. L. 96–513, § 513(17), 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 mem- bers who became members of the uniformed services be- fore the date of the enactment of the Department of Defense Authorization Act, 1981, and added par. (2). 1963—Subsec. (b). Pub. L. 88–132 substituted ‘‘of’’ for ‘‘to which he would be entitled if serving on active duty in’’ after ‘‘21⁄2 percent of the basic pay.’’ 1958—Pub. L. 85–861, § 1(139)(A), substituted ‘‘who serve satisfactorily under temporary appointments’’ for ‘‘temporarily appointed or promoted during World War II’’ in section catchline. Subsec. (a). Pub. L. 85–861, § 1(138), struck out provi- sions which restricted application of section to mem- bers of the Navy or the Marine Corps who were ap- pointed or promoted under the act of July 24, 1941, ch. 320, 55 Stat. 603. Subsec. (b). Pub. L. 85–422 substituted ‘‘that may be credited to him under section 1405 of this title’’ for ‘‘creditable for basic pay’’. 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 1996 AMENDMENT Amendment by Pub. L. 104–201 effective Sept. 30, 1997, see section 521(b) of this title, set out as an Effective Date note under section 688 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title. Amendment by section 923 of Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 503(45) of Pub. L. 96–513 effec- tive Sept. 15, 1981, and amendment by section 513(17) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 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. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–422 effective June 1, 1958, see section 9 of Pub. L. 85–422, May 20, 1958, 72 Stat. 130. § 8263. Emergency shore duty: advance of funds Under such regulations as the President ap- proves, the Secretary of the Navy may, to meet necessary expenses, advance funds to members of the naval service detailed on emergency shore duty. The funds advanced may not exceed the reasonable estimate of expenses to be incurred for which reimbursement is authorized. (Aug. 10, 1956, ch. 1041, 70A Stat. 386, § 6152; re- numbered § 8263, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6152 ......... 34 U.S.C. 885. May 22, 1928, ch. 688, 45 Stat. 712. The words ‘‘public’’, ‘‘actual’’, and ‘‘by law’’ are omitted as surplusage. Editorial Notes PRIOR PROVISIONS A prior section 8263, added Pub. L. 85–861, § 1(166)(B), Sept. 2, 1958, 72 Stat. 1516; Pub. L. 87–649, § 14c(53), Sept. 7, 1962, 76 Stat. 501, provided for voluntary extension of