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10 U.S.C. § 7318 — Thirty years or more: regular commis-
Federal law — U.S. Code and appendices · legal_authorities
Page 3027
TITLE 10—ARMED FORCES
§ 7320
[amending this section and sections 3925, 8914, and 8925
of this title] shall apply with respect to retired pay
payable for months beginning after the date of the en-
actment of this Act [Sept. 8, 1980].’’
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85–861 effective Aug. 10, 1956,
see section 33(g) of Pub. L. 85–861, set out as a note
under section 101 of this title.
TEMPORARY EARLY RETIREMENT AUTHORITY
For provisions authorizing the Secretary of the
Army, during the period beginning Oct. 23, 1992, and
ending Oct. 1, 1995, to apply this section to an enlisted
member with at least 15 but less than 20 years of serv-
ice by substituting ‘‘at least 15’’ for ‘‘at least 20’’, see
section 4403 of Pub. L. 102–484, set out as a note under
section 1293 of this title.
§ 7317. Thirty years or more: regular enlisted
members
A regular enlisted member of the Army who
has at least 30 years of service computed under
section 7325 of this title shall be retired upon his
request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 226, § 3917; re-
numbered § 7317 and amended Pub. L. 115–232,
div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13,
2018, 132 Stat. 1838, 1840.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
3917 .........
10:947 (less proviso).
10:947a (less last 11
words).
Mar. 2, 1907, ch. 2515, § 1
(1st 35 words), 34 Stat.
1217.
Feb. 14, 1885, ch. 67 (less
43d through 53d words);
restated Sept. 30, 1890,
ch. 1125 (less 43d
through 53d words), 26
Stat. 504.
The word ‘‘regular’’ is inserted to conform to an opin-
ion of the Judge Advocate General of the Army (JAGA,
1953/2301, 23 Mar. 1953). The words ‘‘upon his request’’
are substituted for the words ‘‘upon makin
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 7318
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Page 3027
TITLE 10—ARMED FORCES
§ 7320
[amending this section and sections 3925, 8914, and 8925
of this title] shall apply with respect to retired pay
payable for months beginning after the date of the en-
actment of this Act [Sept. 8, 1980].’’
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85–861 effective Aug. 10, 1956,
see section 33(g) of Pub. L. 85–861, set out as a note
under section 101 of this title.
TEMPORARY EARLY RETIREMENT AUTHORITY
For provisions authorizing the Secretary of the
Army, during the period beginning Oct. 23, 1992, and
ending Oct. 1, 1995, to apply this section to an enlisted
member with at least 15 but less than 20 years of serv-
ice by substituting ‘‘at least 15’’ for ‘‘at least 20’’, see
section 4403 of Pub. L. 102–484, set out as a note under
section 1293 of this title.
§ 7317. Thirty years or more: regular enlisted
members
A regular enlisted member of the Army who
has at least 30 years of service computed under
section 7325 of this title shall be retired upon his
request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 226, § 3917; re-
numbered § 7317 and amended Pub. L. 115–232,
div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13,
2018, 132 Stat. 1838, 1840.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
3917 .........
10:947 (less proviso).
10:947a (less last 11
words).
Mar. 2, 1907, ch. 2515, § 1
(1st 35 words), 34 Stat.
1217.
Feb. 14, 1885, ch. 67 (less
43d through 53d words);
restated Sept. 30, 1890,
ch. 1125 (less 43d
through 53d words), 26
Stat. 504.
The word ‘‘regular’’ is inserted to conform to an opin-
ion of the Judge Advocate General of the Army (JAGA,
1953/2301, 23 Mar. 1953). The words ‘‘upon his request’’
are substituted for the words ‘‘upon making application
to the President’’, in 10:947, and ‘‘by application to the
President’’, in 10:947a. The words ‘‘either as a private or
noncommissioned officer, or both’’, in 10:947a, are omit-
ted as surplusage. The words ‘‘shall be retired’’ are sub-
stituted for the words ‘‘be placed upon the retired list’’,
in 10:947, and ‘‘be placed on the retired list heretofore
created’’, in 10:947a. The words ‘‘computed under sec-
tion 3925 of this title’’ are inserted for clarity. The 21
words before the proviso and the proviso of the Act of
February 14, 1885, as restated, are not contained in
10:947a. They are also omitted from the revised section,
since the proviso is executed and the 21 words before
the proviso are omitted as covered by formula E of sec-
tion 3991 of this title.
Editorial Notes
PRIOR PROVISIONS
A prior section 7317 was renumbered section 8687 of
this title.
AMENDMENTS
2018—Pub. L. 115–232, § 809(a), substituted ‘‘section
7325’’ for ‘‘section 3925’’.
Pub. L. 115–232, § 808(b)(12), renumbered section 3917 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.
§ 7318. Thirty years or more: regular commis-
sioned officers
A regular commissioned officer of the Army
who has at least 30 years of service computed
under section 7326 of this title may be retired
upon his request, in the discretion of the Presi-
dent.
(Aug. 10, 1956, ch. 1041, 70A Stat. 226, § 3918; re-
numbered § 7318 and amended Pub. L. 115–232,
div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13,
2018, 132 Stat. 1838, 1840.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
3918 .........
10:943.
R.S. 1243; Dec. 16, 1930,
ch. 14, § 1 (as applicable
to R.S. 1243), 46 Stat.
1028.
The word ‘‘commissioned’’ is inserted, since the re-
tirement of warrant officers for length of service is cov-
ered by section 1293 of this title. The word ‘‘regular’’ is
inserted, since 10:943 is applicable historically only to
officers of the Regular Army. The words ‘‘and placed on
the retired list’’ are omitted as surplusage. The words
‘‘computed under section 3926 of this title’’ are inserted
for clarity.
Editorial Notes
PRIOR PROVISIONS
Prior sections 7318 and 7319 were renumbered sections
8688 and 8689 of this title, respectively.
AMENDMENTS
2018—Pub. L. 115–232, § 809(a), substituted ‘‘section
7326’’ for ‘‘section 3926’’.
Pub. L. 115–232, § 808(b)(12), renumbered section 3918 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.
Executive Documents
DELEGATION OF FUNCTIONS
Functions of the President under this section to ap-
prove the request of a regular commissioned officer of
the Army to retire after at least 30 years of service del-
egated to the Secretary of Defense to perform, without
approval, ratification, or other action of the President,
and with authority for the Secretary to redelegate, see
Ex. Ord. No. 12396, §§ 1(f), 3, Dec. 9, 1982, 47 F.R. 55897,
55898, set out as a note under section 301 of Title 3, The
President.
§ 7320. More than thirty years: permanent profes-
sors and the Director of Admissions of the
United States Military Academy
(a) The Secretary of the Army may retire an
officer specified in subsection (b) who has more
than 30 years of service as a commissioned offi-
cer.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
A regular commissioned officer of the Army who has at least 30 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) may be retired upon his request, in the discretion of the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7318
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.