10 U.S.C. § 7324 — Forty years or more: Army officers

Page 3028 TITLE 10—ARMED FORCES § 7321 (b) Subsection (a) applies in the case of the fol- lowing officers: (1) Any permanent professor of the United States Military Academy. (2) The Director of Admissions of the United States Military Academy. (Aug. 10, 1956, ch. 1041, 70A Stat. 226, § 3920; Pub. L. 104–106, div. A, title V, § 509(a)(1), Feb. 10, 1996, 110 Stat. 297; renumbered § 7320, Pub. L. 115–232, div. A, title VIII, § 808(b)(12), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3920 ......... 10:1079a(c) (proviso). Aug. 7, 1947, ch. 512, § 520(c) (proviso), 61 Stat. 912. The word ‘‘retire’’ is substituted for the words ‘‘direct the retirement of’’. The words ‘‘as a commissioned offi- cer’’ are substituted for the word ‘‘commissioned’’. Editorial Notes PRIOR PROVISIONS A prior section 7320 was renumbered section 8690 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3920 of this title as this section. 1996—Pub. L. 104–106 substituted ‘‘permanent profes- sors and the Director of Admissions of the United States Military Academy’’ for ‘‘permanent professors of United States Military Academy’’ in section catch- line and amended text generally. Prior to amendment, text read as follows: ‘‘The Secretary of the Army may retire any permanent professor of the United States Military Academy who has more than 30 years of serv- ice as a commissioned officer.’’ 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. § 7321. Mandatory retirement: Superintendent of the United States Military Academy; waiver authority (a) MANDATORY RETIREMENT.—Upon the termi- nation of the detail of an officer to the position of Superintendent of the United States Military Academy, the Secretary of the Army shall retire the officer under any provision of this chapter under which that officer is eligible to retire. (b) WAIVER AUTHORITY.—The Secretary of De- fense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Serv- ices of the Senate and the House of Representa- tives a written notification of the waiver, with a statement of the reasons supporting the deci- sion that the officer not retire, and a written no- tification of the intent of the President to nomi- nate the officer for reassignment. In the event a waiver under this subsection is granted, the sub- sequent nomination and appointment of such of- ficer having served as Superintendent of the Academy to a further assignment in lieu of re- tirement shall be subject to the advice and con- sent of the Senate. (Added Pub. L. 106–65, div. A, title V, § 532(a)(1)(A), Oct. 5, 1999, 113 Stat. 602, § 3921; amended Pub. L. 108–375, div. A, title V, § 541(a)(1), (c)(1)(A), Oct. 28, 2004, 118 Stat. 1902, 1903; renumbered § 7321, Pub. L. 115–232, div. A, title VIII, § 808(b)(12), Aug. 13, 2018, 132 Stat. 1838; Pub. L. 117–263, div. A, title V, § 509(a), Dec. 23, 2022, 136 Stat. 2560.) Editorial Notes PRIOR PROVISIONS A prior section 7321 was renumbered section 8691 of this title. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263 inserted at end: ‘‘In the event a waiver under this subsection is granted, the subsequent nomination and appointment of such officer having served as Superintendent of the Academy to a further assignment in lieu of retirement shall be sub- ject to the advice and consent of the Senate.’’ 2018—Pub. L. 115–232 renumbered section 3921 of this title as this section. 2004—Pub. L. 108–375 inserted ‘‘; waiver authority’’ at end of section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 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. APPLICATION OF SECTION TO SUPERINTENDENTS SERVING ON OCTOBER 5, 1999 Pub. L. 106–65, div. A, title V, § 532(a)(5), Oct. 5, 1999, 113 Stat. 604, provided that: ‘‘The amendments made by this subsection [enacting this section and sections 4333a, 6371, 6951a, 8921, and 9333a of this title] shall not apply to an officer serving on the date of the enactment of this Act [Oct. 5, 1999] in the position of Super- intendent of the United States Military Academy, Su- perintendent of the United States Naval Academy, or Superintendent of the United States Air Force Acad- emy for so long as that officer continues on and after that date to serve in that position without a break in service.’’ § 7324. Forty years or more: Army officers (a) Except as provided in section 1186 of this title, a commissioned officer of the Army who has at least 40 years of service computed under section 7326 of this title shall be retired upon his request. (b) Any warrant officer of the Army who has at least 40 years of service computed under sec- tion 7326(a) of this title shall be retired upon his request. (Aug. 10, 1956, ch. 1041, 70A Stat. 227, § 3924; Pub. L. 96–513, title V, § 502(17), Dec. 12, 1980, 94 Stat. 2910; renumbered § 7324 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.) Page 3029 TITLE 10—ARMED FORCES § 7325 1 See References in Text note below. HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3924(a) ..... 3924(b) ..... 10:942 (as applicable to commissioned offi- cers). 10:942 (less applicability to commissioned offi- cers). June 30, 1882, ch. 254 (last 21 words of 3d proviso under ‘‘Pay Depart- ment’’), 22 Stat. 118. In subsection (a), the words ‘‘except as provided in section 3786 of this title’’ are inserted, since, under that revised section, when board proceedings are pending against a commissioned officer, his right to retire under this revised section, which is otherwise absolute, is discretionary with the Secretary under that revised section. In subsections (a) and (b), the words ‘‘or volunteer service, or both’’ are omitted as obsolete in accordance with an opinion of the Attorney General, 22 Ops. Atty. Gen. 199, August 30, 1898, holding that such words refer to volunteer service in the Civil War. The words ‘‘upon his request’’ are substituted for the words ‘‘if he make application therefor to the President’’. In subsection (b), the applicability of 10:942 to war- rant officers is based on an opinion of the Judge Advo- cate General of the Army (JAGA 1950/6951, 4 Jan. 1951), which holds that 10:594 (less provisos) makes 10:942 ap- plicable to warrant officers. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 808(b)(12), renumbered section 3924 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 7326’’ for ‘‘section 3926’’. Subsec. (b). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 7326(a)’’ for ‘‘section 3926(a)’’. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘1186’’ for ‘‘3786’’. 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 Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. § 7325. Computation of years of service: vol- untary retirement; enlisted members (a) For the purpose of determining whether an enlisted member of the Army may be retired under section 7314 or 7317 of this title, his years of service are computed by adding all active service in the armed forces and service com- puted under section 3683 1 of this title. (b) Time required to be made up under section 972(a) of this title may not be counted in deter- mining years of service under subsection (a). (Aug. 10, 1956, ch. 1041, 70A Stat. 228, § 3925; Pub. L. 85–861, § 1(97), Sept. 2, 1958, 72 Stat. 1488; Pub. L. 96–343, § 9(a)(2), Sept. 8, 1980, 94 Stat. 1128; Pub. L. 99–348, title II, § 202(c), July 1, 1986, 100 Stat. 695; Pub. L. 103–337, div. A, title VI, § 635(a)(1), Oct. 5, 1994, 108 Stat. 2788; Pub. L. 104–106, div. A, title V, § 561(d)(2)(A), Feb. 10, 1996, 110 Stat. 322; renumbered § 7325 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 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3925(a) ..... 10:947 (proviso). 10:958. Mar. 2, 1907, ch. 2515, § 1 (proviso), 34 Stat. 1218. 3925(b) ..... [No source]. Aug. 10, 1946, ch. 952, § 6(b), 60 Stat. 996. In subsection (a), the words ‘‘active service’’ are sub- stituted for the word ‘‘service’’, in 10:947, and ‘‘active Federal service performed’’, in 10:958, for uniformity. The words ‘‘service computed under section 3683 of this title’’ are inserted, since a person entitled to count service under that revised section might cease to be a nurse or woman medical specialist and thereafter be- come entitled to retire under one of the revised sec- tions referred to in subsection (a) of this revised sec- tion. Subsection (b) is inserted because of section 3638 of this title and in accordance with long-standing inter- pretation of the effect of 10:629 upon the computation of years of service for retirement. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3925 ......... [No source]. [No source]. The amendment reflects the repeal of section 3638 of this title and the enactment of a similar provision in section 972 of this title. Editorial Notes REFERENCES IN TEXT Section 3683 of this title, referred to in subsec. (a), was repealed (subject to a savings clause) by Pub. L. 99–145, title XIII, § 1301(b)(1)(A), (C), Nov. 8, 1985, 99 Stat. 735. AMENDMENTS 2018—Pub. L. 115–232, § 808(b)(12), renumbered section 3925 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 7314 or 7317’’ for ‘‘section 3914 or 3917’’. 1996—Subsec. (b). Pub. L. 104–106 substituted ‘‘section 972(a)’’ for ‘‘section 972’’. 1994—Subsec. (a). Pub. L. 103–337, § 635(a)(1)(A), struck out ‘‘and of computing his retired pay under section 3991 of this title,’’ after ‘‘3917 of this title,’’. Subsec. (c). Pub. L. 103–337, § 635(a)(1)(B), struck out subsec. (c) which read as follows: ‘‘In determining a member’s years of service under subsection (a) for the purpose of computing the member’s retired pay under section 3991 of this title— ‘‘(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and ‘‘(2) any remaining fractional part of a year shall be disregarded.’’ 1986—Subsec. (c). Pub. L. 99–348 added subsec. (c). 1980—Pub. L. 96–343, § 9(a)(2)(A), struck out ‘‘regular’’ before ‘‘enlisted members’’ in section catchline. Subsec. (a). Pub. L. 96–343, § 9(a)(2)(B), substituted ‘‘an enlisted’’ for ‘‘a regular enlisted’’. 1958—Subsec. (b). Pub. L. 85–861 substituted ‘‘section 972 of this title’’ for ‘‘section 3638 of this title’’. 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