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10 U.S.C. § 7318 — Thirty years or more: regular commis-

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

10 U.S.C. § 7318 — Thirty years or more: regular commis-

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

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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.

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

10 U.S.C. § 7318 — Thirty years or more: regular commissioned officers

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.

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