10 U.S.C. § 8317 — Minors enlisted upon false statement of

Page 3224 TITLE 10—ARMED FORCES § 8308 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. PRESENTATION OF FLAG FOR PRIOR RECIPIENTS OF MEDAL OF HONOR President to provide for the presentation of the Medal of Honor Flag to living recipients of the Medal of Honor as expeditiously as possible after Oct. 17, 2006, and for posthumous presentation to survivors of de- ceased recipients upon written application therefor, see section 555(b) of Pub. L. 109–364, set out as a note under section 7285 of this title. § 8308. Korea Defense Service Medal (a) The Secretary of the Navy shall issue a campaign medal, to be known as the Korea De- fense Service Medal, to each person who while a member of the Navy or Marine Corps served in the Republic of Korea or the waters adjacent thereto during the KDSM eligibility period and met the service requirements for the award of that medal prescribed under subsection (c). (b) In this section, the term ‘‘KDSM eligibility period’’ means the period beginning on July 28, 1954, and ending on such date after the date of the enactment of this section as may be deter- mined by the Secretary of Defense to be appro- priate for terminating eligibility for the Korea Defense Service Medal. (c) The Secretary of the Navy shall prescribe service requirements for eligibility for the Korea Defense Service Medal. Those require- ments shall not be more stringent than the serv- ice requirements for award of the Armed Forces Expeditionary Medal for instances in which the award of that medal is authorized. (Added Pub. L. 107–314, div. A, title V, § 543(c)(1), Dec. 2, 2002, 116 Stat. 2549, § 6257; renumbered § 6258, Pub. L. 108–375, div. A, title X, § 1084(d)(30), Oct. 28, 2004, 118 Stat. 2063; renumbered § 8308, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 107–314, which was approved Dec. 2, 2002. PRIOR PROVISIONS Prior sections 8308 and 8309 were repealed by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. Section 8308, act Aug. 10, 1956, ch. 1041, 70A Stat. 518, related to effect of removal from recommended list by President of name of any promotion-list officer or brig- adier general of Regular Air Force who in President’s opinion is not qualified for promotion or who is not confirmed by Senate. See section 629 of this title. Section 8309, act Aug. 10, 1956, ch. 1041, 70A Stat. 518, provided that President prescribe a system of physical examination for all commissioned officers of Regular Air Force in grades below brigadier general to deter- mine their fitness for promotion in Regular Air Force. See section 624 of this title. A prior section 8310 was renumbered section 9160 of this title, prior to repeal by Pub. L. 118–159. Prior sections 8312 to 8314 were repealed by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. Section 8312, act Aug. 10, 1956, ch. 1041, 70A Stat. 519, provided that an officer who is promoted in Regular Air Force is considered to have accepted his promotion on date of order announcing it, unless he expressly de- clines it, without need to take the oath of office upon promotion if his service since last taking it has been continuous. See section 626 of this title. Section 8313, act Aug. 10, 1956, ch. 1041, 70A Stat. 519, provided that in time of war or national emergency de- clared by Congress or President, the President may sus- pend operation of any provision of law relating to pro- motion, mandatory retirement, or separation of com- missioned officers of Regular Air Force. See section 123(a), (b) of this title. Section 8314, added Pub. L. 85–861, § 1(177)(A), Sept. 2, 1958, 72 Stat. 1519, provided that promotion to a higher grade of a commissioned officer of Regular Air Force who is on a recommendation list awaiting promotion not be withheld or delayed because of original appoint- ment of any other person to a commissioned grade in Regular Air Force and that this section does not apply to appointments as medical or dental officers or Air Force nurses or medical specialists. See section 624 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6258 of this title as this section. 2004—Pub. L. 108–375 renumbered section 6257 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. CHAPTER 839—DISCHARGE OF ENLISTED MEMBERS Sec. 8317. Minors enlisted upon false statement of age. Editorial Notes PRIOR PROVISIONS A prior chapter 839, consisting of sections 8441 to 8452, related to temporary appointments in the Air Force, prior to renumbering as chapter 919 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 569 of this title as this chapter and item 6292 as 8317. 1980—Pub. L. 96–513, title V, § 503(46), Dec. 12, 1980, 94 Stat. 2914, struck out item 6294 ‘‘Women in the Regular Navy and Regular Marine Corps: termination of enlist- ment’’. 1968—Pub. L. 90–235, §§ 3(a)(4), (b)(4), 8(4), Jan. 2, 1968, 81 Stat. 758, 764, struck out item 6291 ‘‘Honorable dis- charges’’, item 6293 ‘‘Minors enlisted without consent of parent or guardian’’, item 6295 ‘‘Regular Navy: early discharge’’, item 6296 ‘‘Furlough without pay’’, item 6297 ‘‘Disposition of uniform; clothing allowance; emer- gency funds’’, and item 6298 ‘‘Authority to live at a re- ceiving station after honorable discharge’’. § 8317. Minors enlisted upon false statement of age (a) The Secretary of the Navy, under regula- tions prescribed by him, may discharge or re- Page 3225 TITLE 10—ARMED FORCES § 8321 lease from the naval service, with pay and al- lowances and form of discharge certificate ap- propriate for his service after enlistment, any enlisted member who, as the result of a false statement of age on his application for enlist- ment, was enlisted while under the minimum statutory or administrative age limit. A mem- ber so discharged or released is entitled to transportation in kind and subsistence from the place of discharge to his home. (b) Appropriations available for pay and allow- ances, subsistence, and transportation of en- listed members of the naval service are avail- able for payments under this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 391, § 6292; re- numbered § 8317, Pub. L. 115–232, div. A, title VIII, § 807(b)(14), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6292(a) ..... 34 U.S.C. 900a. Sept. 24, 1945, ch. 385, § 1, 59 Stat. 536. 6292(b) ..... 34 U.S.C. 900a (note). Sept. 24, 1945, ch. 385, § 3, 59 Stat. 537. The word ‘‘member’’ is substituted for the word ‘‘per- son’’ and the words ‘‘naval service’’ are substituted for the words ‘‘Navy, Marine Corps, and the Reserve com- ponents thereof’’. The words ‘‘form of’’ are added for clarity. Reference to the date ‘‘September 24, 1945’’ is omitted as unnecessary. The words ‘‘is entitled to’’ are substituted for the words ‘‘shall be furnished’’ for uni- formity. The decision of the Comptroller General of De- cember 23, 1949 (B–91297), has not been overlooked. That decision, without passing on a case in which the point was involved, indicated that the transportation entitle- ment in 34 U.S.C. 900a might be impliedly repealed by the Career Compensation Act of 1949. The editors of the United States Code Annotated, apparently on the basis of this decision, have omitted 34 U.S.C.A. 900a from the 1954 pocket part. A conclusion that the section is re- pealed, however, defeats the specific purpose of the pro- vision, which, as indicated in the legislative hearings, was to insure that underage dischargees would be transported home and not simply released at the place of discharge. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6292 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. CHAPTER 841—VOLUNTARY RETIREMENT Sec. 8321. Officers: 40 years. 8322. Officers: 30 years. 8323. Officers: 20 years. 8324. Officers: creditable service. 8325. Officers: retired grade and pay. 8326. Enlisted members: 30 years. 8327. Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay. 8328. Computation of years of service: voluntary retirement. Sec. 8329. Officers not to be retired for misconduct. 8330. Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay. 8331. Members of the Fleet Reserve and Fleet Ma- rine Corps Reserve: transfer to the retired list; retired pay. 8332. Conclusiveness of transfers. 8333. Computation of retired and retainer pay. 8334. Higher grade after 30 years of service: war- rant officers and enlisted members. 8335. Restoration to former grade: warrant officers and enlisted members. 8336. Highest grade held satisfactorily: Reserve en- listed members reduced in grade not as a re- sult of the member’s misconduct. Editorial Notes PRIOR PROVISIONS A prior chapter 841, consisting of sections 8491 to 8504, related to active duty in the Air Force, prior to renum- bering as chapter 921 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 571 of this title as this chapter and items 6321 to 6336 as 8321 to 8336, respectively. 2006—Pub. L. 109–163, div. A, title V, § 515(b)(4)(B), Jan. 6, 2006, 119 Stat. 3235, substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ in item 6327. 1996—Pub. L. 104–201, div. A, title V, § 532(b)(2), Sept. 23, 1996, 110 Stat. 2519, added item 6336. Pub. L. 104–106, div. A, title V, § 561(d)(3)(B), Feb. 10, 1996, 110 Stat. 323, added item 6328. 1987—Pub. L. 100–180, div. A, title V, § 512(e)(2), Dec. 4, 1987, 101 Stat. 1091, added items 6334 and 6335. 1986—Pub. L. 99–348, title III, § 304(b)(3), July 1, 1986, 100 Stat. 704, struck out item 6328 ‘‘Treatment of frac- tions of years of service in computing retired pay’’ and substituted ‘‘Computation of’’ for ‘‘Treatment of frac- tions of dollar amounts in computing’’ in item 6333. 1983—Pub. L. 98–94, title IX, § 922(a)(10)(B), Sept. 24, 1983, 97 Stat. 641, added item 6333. 1967—Pub. L. 90–130, § 1(23)(B), Nov. 8, 1967, 81 Stat. 380, struck out ‘‘Nurse Corps’’ before ‘‘Officers’’ in item 6324. § 8321. Officers: 40 years (a) Each officer of the Regular Navy or the Regular Marine Corps holding a permanent ap- pointment in the grade of warrant officer, W–1, or above who applies for retirement after com- pleting 40 or more years of active service shall be retired by the Secretary of the Navy. (b) For the purpose of this section, an officer’s years of active service are computed by adding all his active service in the armed forces. (Aug. 10, 1956, ch. 1041, 70A Stat. 393, § 6321; re- numbered § 8321, 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) 6321 ......... 34 U.S.C. 381. R.S. 1443; June 17, 1948, ch. 497, § 1(a), 62 Stat. 477. 34 U.S.C. 879 (less appli- cability to enlisted men). June 4, 1920, ch. 228, § 3 (3d proviso, less appli- cability to enlisted men), 41 Stat. 835. 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.