US (United States) Code. Title 10. Subtitle B. Part II. Chapter 367: Retirement for length of service

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-CITE-

10 USC CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

.

-HEAD-

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-MISC1-

Sec.

3911. Twenty years or more: regular or reserve commissioned

officers.

(3912, 3913. Repealed.)

3914. Twenty to thirty years: enlisted members.

(3915, 3916. Repealed.)

3917. Thirty years or more: regular enlisted members.

3918. Thirty years or more: regular commissioned officers.

(3919. Repealed.)

3920. More than thirty years: permanent professors and the Director

of Admissions of the United States Military Academy.

3921. Mandatory retirement: Superintendent of the United States

Military Academy.

(3922, 3923. Repealed.)

3924. Forty years or more: Army officers.

3925. Computation of years of service: voluntary retirement;

enlisted members.

3926. Computation of years of service: voluntary retirement;

regular and reserve commissioned officers.

(3927, 3928. Repealed.)

3929. Computation of retired pay: law applicable.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title V, Sec. 532(a)(4)(A), Oct.

5, 1999, 113 Stat. 603, added item 3921.

1996 - Pub. L. 104-106, div. A, title V, Sec. 509(a)(2), Feb.

10, 1996, 110 Stat. 298, substituted ''permanent professors and the

Director of Admissions of the United States Military Academy'' for

''permanent professors of United States Military Academy'' in item

3920.

1981 - Pub. L. 97-22, Sec. 10(b)(5), July 10, 1981, 95 Stat. 137,

struck out item 3922 ''Thirty years or five years in grade: regular

brigadier generals''.

1980 - Pub. L. 96-513, title V, Sec. 502(16), Dec. 12, 1980, 94

Stat. 2910, struck out item 3913 ''Twenty years or more: deferred

officers not recommended for promotion'', item 3916 ''Twenty-eight

years: promotion-list lieutenant colonels'', item 3919 ''Thirty

years or more: regular commissioned officers; excessive number'',

item 3921 ''Thirty years or five years in grade: promotion-list

colonels'', item 3923 ''Thirty-five years or five years in grade:

regular major generals'', and item 3927 ''Computation of years of

service: mandatory retirement; regular commissioned officers''.

Pub. L. 96-343, Sec. 9(a)(3), Sept. 8, 1980, 94 Stat. 1128,

struck out ''regular'' before ''enlisted members'' in items 3914

and 3925.

1967 - Pub. L. 90-130, Sec. 1(13), Nov. 8, 1967, 81 Stat. 376,

struck out item 3915 ''Twenty-five years: regular majors; Women's

Army Corps, Army Nurse Corps and Army Medical Specialist Corps''.

1957 - Pub. L. 85-155, title I, Sec. 101(20), title IV, Sec.

401(3), Aug. 21, 1957, 71 Stat. 380, 390, included the Army Nurse

Corps and the Army Medical Specialist Corps within item 3915, and

struck out item 3912 ''Twenty years or more: regular commissioned

officers; Army Nurse Corps and Women's Medical Specialist Corps''

and item 3928 ''Computation of years of service: voluntary

retirement; regular commissioned officers; Army Nurse Corps and

Women's Medical Specialist Corps''.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 12741 of this title.

-CITE-

10 USC Sec. 3911 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 3911. Twenty years or more: regular or reserve commissioned

officers

-STATUTE-

(a) The Secretary of the Army may, upon the officer's request,

retire a regular or reserve commissioned officer of the Army who

has at least 20 years of service computed under section 3926 of

this title, at least 10 years of which have been active service as

a commissioned officer.

(b) The Secretary of Defense may authorize the Secretary of the

Army, during the period beginning on October 1, 1990, and ending on

December 31, 2001, to reduce the requirement under subsection (a)

for at least 10 years of active service as a commissioned officer

to a period (determined by the Secretary of the Army) of not less

than eight years.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 224; Pub. L. 101-510, div. A,

title V, Sec. 523(a), Nov. 5, 1990, 104 Stat. 1562; Pub. L.

103-160, div. A, title V, Sec. 561(c), Nov. 30, 1993, 107 Stat.

1667; Pub. L. 105-261, div. A, title V, Sec. 561(e), Oct. 17,

1998, 112 Stat. 2025; Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 571(e)), Oct. 30, 2000, 114 Stat. 1654, 1654A-134.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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3911 10:943a. 10:971b July 31, 1935, ch.

(1st 100 words). 422, Sec. 5 (1st

101 words);

restated June 13,

1940, ch. 344, Sec.

3 (1st 45 words),

54 Stat. 380; June

29, 1948, ch. 708,

Sec. 202 (1st 105

words), 62 Stat.

1084; July 16,

1953, ch. 203, 67

Stat. 175.

-------------------------------

The words ''a regular or reserve commissioned officer of the

Army'' are substituted for the words ''any officer on the active

list of the Regular Army * * * or any officer of the reserve

components of the Army of the United States''. The words

''Philippine Scouts'' are omitted as obsolete. The words ''has at

least 20'' are substituted for the words ''shall have completed not

less than twenty''. The words ''upon the officer's request'' are

substituted for the words ''upon his own application''. The words

''service computed under section 3926 of this title'' are

substituted for the words ''active Federal service in the armed

forces of the United States'', since that revised section makes

explicit the service covered.

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-398 substituted ''December 31,

2001'' for ''September 30, 2001''.

1998 - Subsec. (b). Pub. L. 105-261 substituted ''during the

period beginning on October 1, 1990, and ending on September 30,

2001'' for ''during the nine-year period beginning on October 1,

1990.''

1993 - Subsec. (b). Pub. L. 103-160 substituted ''nine-year

period'' for ''five-year period''.

1990 - Pub. L. 101-510 designated existing provisions as subsec.

(a) and added subsec. (b).

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 a regular or reserve commissioned officer with at

least 15 but less than 20 years of service by substituting ''at

least 15 years'' for ''at least 20 years'' in subsec. (a) of this

section, see section 4403 of Pub. L. 102-484, set out as a note

under section 1293 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 631, 632, 637, 638, 638a,

688, 1370, 1406, 3926, 10154, 12646 of this title.

-CITE-

10 USC Sec. 3912 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 3912. Repealed. Pub. L. 85-155, title IV, Sec. 401(1), Aug.

21, 1957, 71 Stat. 390)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 225, permitted

the Secretary of the Army, upon the officer's request, to retire a

commissioned officer of the Regular Army in the Army Nurse Corps or

Women's Medical Specialist Corps who has at least 20 years of

service computed under former section 3928 of this title.

-CITE-

10 USC Sec. 3913 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 3913. Repealed. Pub. L. 96-513, title II, Sec. 217(a), Dec.

12, 1980, 94 Stat. 2886)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 225; July 12,

1960, Pub. L. 86-616, Sec. 4, 74 Stat. 390; Nov. 2, 1966, Pub. L.

89-718, Sec. 3, 80 Stat. 1115, provided for retirement of deferred

officers not recommended for promotion after twenty years or more

of service, except as provided in section 8301 of title 5. See

section 627 et seq. of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 3914 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 3914. Twenty to thirty years: enlisted members

-STATUTE-

Under regulations to be prescribed by the Secretary of the Army,

an enlisted member of the Army who has at least 20, but less than

30, years of service computed under section 3925 of this title may,

upon his request, be retired.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 225; Pub. L. 85-861, Sec.

33(a)(25), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96-343, Sec.

9(a)(1), Sept. 8, 1980, 94 Stat. 1128; Pub. L. 103-337, div. A,

title V, Sec. 515(a), Oct. 5, 1994, 108 Stat. 2753.)

-MISC1-

Historical and Revision Notes

1956 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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3914 10:948 (1st Oct. 6, 1945, ch.

sentence). 10:948a. 393, Sec. 4 (1st

sentence); restated

Aug. 10, 1946, ch.

952, Sec. 6(a) (1st

sentence), 60 Stat.

996.

Aug. 10, 1946, ch.

952, Sec. 7, 60

Stat. 996.

-------------------------------

The words ''now or hereafter'', in 10:948a, are omitted as

surplusage. The words ''computed under section 3925 of this

title'' are substituted for the words ''active Federal service'',

in 10:948, and ''active Federal military service'', in 10:948a,

since that revised section makes explicit the service covered. The

words ''be retired'' are substituted for the words ''will be placed

on the retired list of'', in 10:948. The words ''completed a

minimum'', in 10:948; and ''the period of'', ''be subject to'',

''periods of'', and ''now or after August 10, 1946'', in 10:948a;

are omitted as surplusage.

1958 ACT

The change makes clear that the Secretary of the Army is required

to prescribe regulations in this case, and conforms this section to

section 8914, its Air Force counterpart.

AMENDMENTS

1994 - Pub. L. 103-337 struck out at end ''A regular enlisted

member then becomes a member of the Army Reserve. A member retired

under this section shall perform such active duty as may be

prescribed by law until his service computed under section 3925 of

this title, plus his inactive service as a member of the Army

Reserve, equals 30 years.''

1980 - Pub. L. 96-343 struck out ''regular'' before ''enlisted

members'' in section catchline and substituted in section ''an

enlisted member'' for ''a regular enlisted member'', ''A regular

enlisted member'' for ''He'', and ''Army Reserve. A member retired

under this section'' for ''Army Reserve, and''.

1958 - Pub. L. 85-861 substituted ''regulations to be

prescribed'' for ''regulations prescribed''.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 9(c) of Pub. L. 96-343 provided that: ''The amendments

made by this section (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 enactment 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 service 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.

DOUBLE CREDITS FOR FOREIGN SERVICE BY ENLISTED MEN

Acts May 26, 1900, ch. 586, 31 Stat. 209; Mar. 2, 1903, ch. 975,

32 Stat. 933; Apr. 23, 1904, ch. 1485, 33 Stat. 264; Aug. 24, 1912,

ch. 391, Sec. 1, 37 Stat. 575; May 17, 1932, ch. 190, 47 Stat. 158,

provided that: ''In computing length of service for retirement,

credit shall be given soldiers for double the time of their actual

service in China, Puerto Rico, Cuba, the Philippine Islands, the

Island of Guam, Alaska, and Panama, but double credit shall not be

given for service rendered subsequent to April 23, 1904, in Puerto

Rico or the Territory of Hawaii, nor shall credit for double time

for foreign service be given to those who enlisted after August 24,

1912: Provided, That nothing herein shall be so construed as to

forfeit credit for double time accrued prior to August 24, 1912.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 688, 1176, 1402, 1402a,

1406, 1407, 3963 of this title.

-CITE-

10 USC Sec. 3915 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 3915. Repealed. Pub. L. 90-130, Sec. 1(13), Nov. 8, 1967, 81

Stat. 376)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 225; Aug. 21,

1967, Pub. L. 85-155, title I, Sec. 101(19), 71 Stat. 379; Sept.

30, 1966, Pub. L. 89-609, Sec. 1(5), 80 Stat. 852; Nov. 2, 1966,

Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided for retirement

after 25 years' service of regular majors in Women's Army Corps,

Army Nurse Corps, and Army Medical Specialist Corps.

-CITE-

10 USC Sec. 3916 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 3916. Repealed. Pub. L. 96-513, title II, Sec. 217(a), Dec.

12, 1980, 94 Stat. 2886)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 226; Aug. 21,

1957, Pub. L. 85-155, title I, Sec. 101(21), 71 Stat. 380; Nov. 2,

1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115; Oct. 20, 1978, Pub. L.

95-485, title VIII, Sec. 820(i), 92 Stat. 1628, provided for

retirement of a promotion-list lieutenant colonel, except as

provided by section 8301 of title 5, on 30th day after he completes

28 years of service, with authority for Secretary of the Army to

defer retirement in certain cases. See section 633 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 3917 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 3917. Thirty years or more: regular enlisted members

-STATUTE-

A regular enlisted member of the Army who has at least 30 years

of service computed under section 3925 of this title shall be

retired upon his request.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 226.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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3917 10:947 (less Mar. 2, 1907, ch.

proviso). 10:947a 2515, Sec. 1 (1st

(less last 11 35 words), 34 Stat.

words). 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 opinion 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

omitted as surplusage. The words ''shall be retired'' are

substituted 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 section 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 section 3991 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1406, 3925 of this title.

-CITE-

10 USC Sec. 3918 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 3918. Thirty years or more: regular commissioned officers

-STATUTE-

A regular commissioned officer of the Army who has at least 30

years of service computed under section 3926 of this title may be

retired upon his request, in the discretion of the President.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 226.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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3918 10:943. R.S. 1243; Dec. 16,

1930, ch. 14, Sec.

1 (as applicable to

R.S. 1243), 46

Stat. 1028.

-------------------------------

The word ''commissioned'' is inserted, since the retirement of

warrant officers for length of service is covered 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.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of the President under this section to approve the

request of a regular commissioned officer of the Army to retire

after at least 30 years of service delegated 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, Sec. 1(f), 3, Dec. 9, 1982, 47

F.R. 55897, 55898, set out as a note under section 301 of Title 3,

The President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1406, 3926 of this title.

-CITE-

10 USC Sec. 3919 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 3919. Repealed. Pub. L. 96-513, title II, Sec. 217(a), Dec.

12, 1980, 94 Stat. 2886)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 226, authorized

Secretary of the Army, when he determined that there were too many

commissioned officers on active list of Regular Army in any grade

who have at least 30 years of service, to convene a board of at

least five general officers of Regular Army to make recommendations

for retirement and to retire any officer so recommended.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 3920 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 3920. More than thirty years: permanent professors and the

Director of Admissions of the United States Military Academy

-STATUTE-

(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 officer.

(b) Subsection (a) applies in the case of the following officers:

(1) Any permanent professor of the United States Military

Academy.

(2) The Director of Admissions of the United States Military

Academy.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 226; Pub. L. 104-106, div. A,

title V, Sec. 509(a)(1), Feb. 10, 1996, 110 Stat. 297.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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3920 10:1079a(c) Aug. 7, 1947, ch.

(proviso). 512, Sec. 520(c)

(proviso), 61 Stat.

912.

-------------------------------

The word ''retire'' is substituted for the words ''direct the

retirement of''. The words ''as a commissioned officer'' are

substituted for the word ''commissioned''.

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''permanent professors and the

Director of Admissions of the United States Military Academy'' for

''permanent professors of United States Military Academy'' in

section catchline 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 service as a commissioned officer.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1406 of this title.

-CITE-

10 USC Sec. 3921 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 3921. Mandatory retirement: Superintendent of the United

States Military Academy

-STATUTE-

Upon the termination 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.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 532(a)(1)(A), Oct. 5,

1999, 113 Stat. 602.)

-MISC1-

PRIOR PROVISIONS

A prior section 3921, acts Aug. 10, 1956, ch. 1041, 70A Stat.

226; Nov. 2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided

for retirement of a promotion-list colonel, except as provided by

section 8301 of title 5, on the 30th day after he completes 30

years of service or the 5th anniversary of the date of his

appointment in that regular grade, whichever is later, with

authority for the Secretary of the Army to defer retirement in

certain cases, prior to repeal by Pub. L. 96-513, title II, Sec.

217(a), title VII, Sec. 701, Dec. 12, 1980, 94 Stat. 2886, 2955,

effective Sept. 15, 1981. See section 634 of this title.

APPLICATION OF SECTION TO SUPERINTENDENTS SERVING ON OCTOBER 5,

1999

Pub. L. 106-65, div. A, title V, Sec. 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 Superintendent of the United States Military

Academy, Superintendent of the United States Naval Academy, or

Superintendent of the United States Air Force Academy for so long

as that officer continues on and after that date to serve in that

position without a break in service.''

-CITE-

10 USC Sec. 3922, 3923 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 3922, 3923. Repealed. Pub. L. 96-513, title II, Sec. 217(a),

Dec. 12, 1980, 94 Stat. 2886)

-MISC1-

Section 3922, acts Aug. 10, 1956, ch. 1041, 70A Stat. 227; Nov.

2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided for

retirement of a regular grade brigadier general, other than a

professor of the United States Military Academy, except as provided

by section 8301 of title 5, on the 30th day after he completes 30

years of service or the 5th anniversary of the date of his

appointment in that regular grade, whichever is later, with

authority for the Secretary of the Army to defer retirement in

certain cases. See section 635 of this title.

Section 3923, acts Aug. 10, 1956, ch. 1041, 70A Stat. 227; Nov.

2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided for

retirement of a regular grade major general, except as provided by

section 8301 of title 5, on the 30th day after he completes 35

years of service or the 5th anniversary of his appointment in that

regular grade, whichever is later, with authority for the Secretary

of the Army to defer retirement in certain cases. See section 636

of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 3924 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 3924. Forty years or more: Army officers

-STATUTE-

(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 3926 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 section 3926(a) of this title shall be

retired upon his request.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 227; Pub. L. 96-513, title V,

Sec. 502(17), Dec. 12, 1980, 94 Stat. 2910.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3924(a) 3924(b) 10:942 (as June 30, 1882, ch.

applicable to 254 (last 21 words

commissioned of 3d proviso under

officers). 10:942 ''Pay

(less applicability Department''), 22

to commissioned Stat. 118.

officers).

-------------------------------

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 warrant

officers is based on an opinion of the Judge Advocate General of

the Army (JAGA 1950/6951, 4 Jan. 1951), which holds that 10:594

(less provisos) makes 10:942 applicable to warrant officers.

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-513 substituted ''1186'' for

''3786''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1406, 3926 of this title.

-CITE-

10 USC Sec. 3925 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 3925. Computation of years of service: voluntary retirement;

enlisted members

-STATUTE-

(a) For the purpose of determining whether an enlisted member of

the Army may be retired under section 3914 or 3917 of this title,

his years of service are computed by adding all active service in

the armed forces and service computed under section 3683 (FOOTNOTE

1) of this title.

(FOOTNOTE 1) See References in Text note below.

(b) Time required to be made up under section 972(a) of this

title may not be counted in determining years of service under

subsection (a).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 228; Pub. L. 85-861, Sec.

1(97), Sept. 2, 1958, 72 Stat. 1488; Pub. L. 96-343, Sec. 9(a)(2),

Sept. 8, 1980, 94 Stat. 1128; Pub. L. 99-348, title II, Sec.

202(c), July 1, 1986, 100 Stat. 695; Pub. L. 103-337, div. A,

title VI, Sec. 635(a)(1), Oct. 5, 1994, 108 Stat. 2788; Pub. L.

104-106, div. A, title V, Sec. 561(d)(2)(A), Feb. 10, 1996, 110

Stat. 322.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3925(a) 10:947 (proviso). Mar. 2, 1907, ch.

10:958. 2515, Sec. 1

(proviso), 34 Stat.

1218.

3925(b) (No source). Aug. 10, 1946, ch.

952, Sec. 6(b), 60

Stat. 996.

-------------------------------

In subsection (a), the words ''active service'' are substituted

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

become entitled to retire under one of the revised sections

referred to in subsection (a) of this revised section.

Subsection (b) is inserted because of section 3638 of this title

and in accordance with long-standing interpretation 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.

-REFTEXT-

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, Sec. 1301(b)(1)(A), (C), Nov. 8, 1985, 99 Stat. 735.

-MISC2-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106 substituted ''section

972(a)'' for ''section 972''.

1994 - Subsec. (a). Pub. L. 103-337, Sec. 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, Sec. 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, Sec. 9(a)(2)(A), struck out ''regular''

before ''enlisted members'' in section catchline.

Subsec. (a). Pub. L. 96-343, Sec. 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''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective Feb. 10, 1996, and

applicable to any period of time covered by section 972 of this

title that occurs after that date, see section 561(e) of Pub. L.

104-106, set out as a note under section 972 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable to computation of retired

pay of any enlisted member who retires on or after Oct. 5, 1994, to

computation of retainer pay of any enlisted member who is

transferred to Fleet Reserve or Fleet Marine Corps Reserve on or

after Oct. 5, 1994, and to recomputation of retired pay of any

enlisted member who is advanced on retired list on or after Oct. 5,

1994, see section 635(e) of Pub. L. 103-337, set out as a note

under section 1405 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-343 effective with respect to retired pay

payable for months beginning after Sept. 8, 1980, see section 9(c)

of Pub. L. 96-343, set out as a note under section 3914 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3914, 3917 of this title.

-CITE-

10 USC Sec. 3926 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 3926. Computation of years of service: voluntary retirement;

regular and reserve commissioned officers

-STATUTE-

(a) For the purpose of determining whether an officer of the Army

may be retired under section 3911, 3918, or 3924 of this title, his

years of service are computed by adding -

(1) all active service performed as a member of the Army or the

Air Force;

(2) all service in the Navy or Marine Corps that may be

included in determining the eligibility of an officer of the Navy

or Marine Corps for retirement;

(3) all service computed under section 3683 (FOOTNOTE 1) of

this title; and

(FOOTNOTE 1) See References in Text note below.

(4) if an officer of the Regular Army, all active service

performed as an officer of the Philippine Constabulary.

(b) For the purpose of determining whether a commissioned officer

of the Regular Army in the Medical Corps may be retired under

section 3911, 3918, or 3924 of this title, his years of service are

computed by adding to his service under subsection (a) all service

performed as a contract surgeon, acting assistant surgeon, or

contract physician, under a contract to serve full time and to take

and change station as ordered.

(c) For the purpose of determining whether a commissioned officer

of the Regular Army in the Dental Corps may be retired under

section 3911, 3918, or 3924 of this title, his years of service are

computed by adding to his service under subsection (a) all service

as a contract dental surgeon or acting dental surgeon.

(d) For the purpose of determining whether a commissioned officer

of the Army Nurse Corps or the Army Medical Specialist Corps may be

retired under section 3911 of this title, all service computed

under section 3683 (FOOTNOTE 1) of this title shall be treated as

if it were service as a commissioned officer.

(e) Section 972(b) of this title excludes from computation of an

officer's years of service for purposes of this section any time

identified with respect to that officer under that section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 228; Pub. L. 86-197, Sec. 1(5),

Aug. 25, 1959, 73 Stat. 426; Pub. L. 104-106, div. A, title V,

Sec. 561(d)(2)(B), Feb. 10, 1996, 110 Stat. 322.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3926(a) 10:951 (less June 3, 1916, ch.

3926(b) 3926(c) applicability to 134, Sec. 127a (6th

10:166g(a)). par., less 1st 13

10:951a. 10:951b words, and less

(less applicability applicability to

to 10:166g(a)). Sec. 108(a) of the

(Uncodified: June Act of Apr. 16,

18, 1878, ch. 263, 1949, ch. 38, as

Sec. 7 (less amended); added

applicability to June 4, 1920, ch.

10:166g(a)), 20 227, subch. I, Sec.

Stat. 150). 10:953a 51 (6th par., less

(1st sentence). 1st 13 words, and

10:953a (less 1st less applicability

sentence). to Sec. 108(a) of

the Act of Apr. 16,

1949, ch. 38, as

amended), 41 Stat.

785.

May 23, 1928, ch.

716, 45 Stat. 720.

June 15, 1935, ch.

257 (less

applicability to

Sec. 108(a) of the

Act of Apr. 16,

1949, ch. 38, as

amended), 49 Stat.

377.

June 18, 1878, ch.

263, Sec. 7 (less

applicability to

Sec. 108(a) of the

Act of Apr. 16,

1949, ch. 38, as

amended), 20 Stat.

150.

May 29, 1928, ch.

902, 45 Stat. 996;

Jan. 29, 1938, ch.

12, Sec. 2, 52

Stat. 8.

-------------------------------

Subsection (a) consolidates the various service computation

provisions applicable to voluntary retirement of commissioned

officers. Clause (1) is substituted for 10:951. Clause (2) is

substituted for 10:951b. The words ''pay period and'', in 10:951a,

are omitted as superseded by section 202 of the Career Compensation

Act of 1949, 63 Stat. 807 (37 U.S.C. 233). The words ''longevity

pay and'', in section 7 of the act of June 18, 1878, ch. 263, 20

Stat. 150, are omitted for the same reason. The last sentence of

section 7 of that act is omitted, since the distinction between

limited and unlimited retired lists was abolished by section 201 of

the act of June 29, 1948, ch. 708, 62 Stat. 1084. Clause (3) is

inserted, since a person entitled to count service under section

3683 of this title might cease to be a nurse or woman medical

specialist and thereafter become entitled to retire under one of

the revised sections referred to in subsection (a) of this revised

section.

In subsection (b), the words ''as a member of the Medical Reserve

Corps'', in 10:953a, are omitted as covered by subsection (a)(1).

The words ''are computed by adding to his service under subsection

(a)'' are substituted for the words ''shall be credited to the same

extent as service under a Regular Army commission''.

Subsection (c) is substituted for 10:953a (less 1st sentence).

-REFTEXT-

REFERENCES IN TEXT

Section 3683 of this title, referred to in subsecs. (a)(3) and

(d), was repealed (subject to a savings clause) by Pub. L. 99-145,

title XIII, Sec. 1301(b)(1)(A), (C), Nov. 8, 1985, 99 Stat. 735.

-MISC2-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-106 added subsec. (e).

1959 - Subsec. (d). Pub. L. 86-197 added subsec. (d).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective Feb. 10, 1996, and

applicable to any period of time covered by section 972 of this

title that occurs after that date, see section 561(e) of Pub. L.

104-106, set out as a note under section 972 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3911, 3918, 3924 of this

title.

-CITE-

10 USC Sec. 3927 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 3927. Repealed. Pub. L. 96-513, title II, Sec. 217(a), Dec.

12, 1980, 94 Stat. 2886)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 228; Aug. 21,

1957, Pub. L. 85-155, title I, Sec. 101(22), 71 Stat. 380; May 20,

1958, Pub. L. 85-422, Sec. 11(a)(4), 72 Stat. 131; Sept. 2, 1958,

Pub. L. 85-861, Sec. 1(98), 72 Stat. 1488, related to computation

of years of service for determining whether a regular commissioned

officer should be retired under section 3913, 3915, 3916, 3919,

3921, 3922, or 3923 of this title and for determining the retired

pay of officers of the Regular Army retired under section 3913,

3915, 3916, 3919, 3921, 3922, or 3923 of this title. See section

1405 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 3928 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

(Sec. 3928. Repealed. Pub. L. 85-155, title IV, Sec. 401(1), Aug.

21, 1957, 71 Stat. 390)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 229, related to

computation of years of service of commissioned officers of the

Army Nurse Corps or Women's Medical Specialist Corps for the

purposes of retirement under former section 3912 of this title, or

retirement pay under section 3991 of this title.

-CITE-

10 USC Sec. 3929 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-

Sec. 3929. Computation of retired pay: law applicable

-STATUTE-

A member of the Army retired under this chapter is entitled to

retired pay computed under chapter 371 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 230.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3929 (No source). (No source).

-------------------------------

The revised section is based on the various retirement provisions

in this chapter and is inserted to make explicit the entitlement to

retired pay upon retirement.

-CITE-