-CITE-

10 USC CHAPTER 571 - VOLUNTARY RETIREMENT 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

.

-HEAD-

CHAPTER 571 - VOLUNTARY RETIREMENT

-MISC1-

Sec.

6321. Officers: 40 years.

6322. Officers: 30 years.

6323. Officers: 20 years.

6324. Officers: creditable service.

6325. Officers: retired grade and pay.

6326. Enlisted members: 30 years.

6327. Officers and enlisted members of the Naval Reserve and Marine

Corps Reserve: 30 years; 20 years; retired pay.

6328. Computation of years of service: voluntary retirement.

6329. Officers not to be retired for misconduct.

6330. Enlisted members: transfer to Fleet Reserve and Fleet Marine

Corps Reserve; retainer pay.

6331. Members of the Fleet Reserve and Fleet Marine Corps Reserve:

transfer to the retired list; retired pay.

6332. Conclusiveness of transfers.

6333. Computation of retired and retainer pay.

6334. Higher grade after 30 years of service: warrant officers and

enlisted members.

6335. Restoration to former grade: warrant officers and enlisted

members.

6336. Highest grade held satisfactorily: Reserve enlisted members

reduced in grade not as a result of the member's misconduct.

AMENDMENTS

1996 - Pub. L. 104-201, div. A, title V, Sec. 532(b)(2), Sept.

23, 1996, 110 Stat. 2519, added item 6336.

Pub. L. 104-106, div. A, title V, Sec. 561(d)(3)(B), Feb. 10,

1996, 110 Stat. 323, added item 6328.

1987 - Pub. L. 100-180, div. A, title V, Sec. 512(e)(2), Dec. 4,

1987, 101 Stat. 1091, added items 6334 and 6335.

1986 - Pub. L. 99-348, title III, Sec. 304(b)(3), July 1, 1986,

100 Stat. 704, struck out item 6328 ''Treatment of fractions of

years of service in computing retired pay'' and substituted

''Computation of'' for ''Treatment of fractions of dollar amounts

in computing'' in item 6333.

1983 - Pub. L. 98-94, title IX, Sec. 922(a)(10)(B), Sept. 24,

1983, 97 Stat. 641, added item 6333.

1967 - Pub. L. 90-130, Sec. 1(23)(B), Nov. 8, 1967, 81 Stat. 380,

struck out ''Nurse Corps'' before ''Officers'' in item 6324.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 6371, 12741 of this

title.

-CITE-

10 USC Sec. 6321 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6321. Officers: 40 years

-STATUTE-

(a) Each officer of the Regular Navy or the Regular Marine Corps

holding a permanent appointment in the grade of warrant officer,

W-1, or above who applies for retirement after completing 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 393.)

-MISC1-

Historical and Revision Notes

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

Large)

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

6321 34 U.S.C. 381. R.S. 1443; June 17,

1948, ch. 497, Sec.

1(a), 62 Stat. 477.

34 U.S.C. 879 (less June 4, 1920, ch.

applicability to 228, Sec. 3 (3d

enlisted men). proviso, less

applicability to

enlisted men), 41

Stat. 835.

34 U.S.C. 626-1(a) Aug. 7, 1947, ch.

(1st sentence). 512, Sec. 314(a)

(1st sentence), 61

Stat. 863; May 5,

1954, ch. 180, Sec.

205, 68 Stat. 68.

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

In subsection (a) the words ''Regular'' and ''holding a permanent

appointment in the grade of warrant officer, W-1, or above'' are

inserted for clarity. The word ''shall'' is substituted for the

word ''may'' because the Attorney General has construed R.S. 1443

as conferring a right to retirement upon officers who apply for it

after 40 years of service (30 Op. Atty. Gen. 406). The words ''from

active service'' are omitted as surplusage. The words ''after

completing 40 or more years of active service'' are substituted for

the words ''has been forty years in the service of the United

States'' for clarity.

In subsection (b) the accepted meaning of the words ''service of

the United States'' is spelled out for clarity. They have been

consistently interpreted to include active service in the armed

forces as defined in this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6325 of this title.

-CITE-

10 USC Sec. 6322 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6322. Officers: 30 years

-STATUTE-

(a) An officer of the Regular Navy or the Regular Marine Corps

holding a permanent appointment in the grade of warrant officer,

W-1, or above who applies for retirement after completing 30 or

more years of active service may, in the discretion of the

Secretary of the Navy, be retired.

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 394; Pub. L. 96-342, title

VIII, Sec. 813(d)(1), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96-513,

Sec. 513(17), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 99-348, title

II, Sec. 203(b)(1), July 1, 1986, 100 Stat. 696.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

6322 34 U.S.C. 383. May 13, 1908, ch.

166, 35 Stat. 128

(8th sentence, less

proviso); June 17,

1948, ch. 497, Sec.

1(d), 62 Stat. 477.

34 U.S.C. 879 (less June 4, 1920, ch.

applicability to 228, Sec. 3 (3d

enlisted men). proviso, less

applicability to

enlisted men), 41

Stat. 835.

34 U.S.C. 626-1(a) Aug. 7, 1947, ch.

(1st sentence). 512, Sec. 314(a)

(1st sentence), 61

Stat. 863; May 5,

1954, ch. 180, Sec.

205, 68 Stat. 68.

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

In subsection (a) the words ''Regular'' and ''holding a permanent

appointment in the grade of warrant officer, W-1, or above'' are

inserted for clarity. The words ''after completing 30 or more

years of active service'' are substituted for the words ''has been

thirty years in the service'' for clarity. The words ''retired

from active service'' are omitted as surplusage.

Subsection (b) is added to clarify the word ''service''. It has

been consistently interpreted to include active service in the

armed forces as defined in this title.

In subsection (c) the words ''is entitled to retired pay at the

rate of 75 percent of the highest basic pay of the grade in which

retired'' are substituted for the words ''with three-fourths of the

highest pay of his grade'' for clarity and uniformity of

expression.

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-348 struck out subsec. (c) which

provided that each officer retired under this section be entitled

to retired pay, in the case of an officer who first became a member

of a uniformed service, as defined in section 1407(a)(2), before

Sept. 8, 1980, at the rate of 75 percent of the highest basic pay

of the grade in which retired, and in the case of an officer who

first became a member of a uniformed service, as defined in section

1407(a)(2), on or after Sept. 8, 1980, at the rate of 75 percent of

the monthly retired pay base computed under section 1407(d).

1980 - Subsec. (c). Pub. L. 96-513 substituted ''September 8,

1980'' for ''the date of the enactment of the Department of Defense

Authorization Act, 1981'' wherever appearing.

Pub. L. 96-342 designated existing provisions as par. (1),

inserted provision limiting applicability to officers who became

members of the uniformed services before the date of the enactment

of the Department of Defense Authorization Act, 1981, and added

par. (2).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) 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 section 6325 of this title.

-CITE-

10 USC Sec. 6323 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6323. Officers: 20 years

-STATUTE-

(a)(1) An officer of the Navy or the Marine Corps who applies for

retirement after completing more than 20 years of active service,

of which at least 10 years was service as a commissioned officer,

may, in the discretion of the President, be retired on the first

day of any month designated by the President.

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

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

December 31, 2001, to reduce the requirement under paragraph (1)

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

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

years.

(b) For the purposes of this section -

(1) an officer's years of active service are computed by adding

all his active service in the armed forces; and

(2) his years of service as a commissioned officer are computed

by adding all his active service in the armed forces under

permanent or temporary appointments in grades above warrant

officer, W-1.

(c) The retired grade of an officer retired under this section is

the grade determined under section 1370 of this title.

(d) A warrant officer who retires under this section may elect to

be placed on the retired list in the highest grade and with the

highest retired pay to which he is entitled under any provision of

this title. If the pay of that highest grade is less than the pay

of any warrant grade satisfactorily held by him on active duty, his

retired pay shall be based on the higher pay.

(e) Unless otherwise entitled to higher pay, an officer retired

under this section is entitled to retired pay computed under

section 6333 of this title.

(f) Officers of the Naval Reserve and the Marine Corps Reserve

who were transferred to the Retired Reserve from an honorary

retired list under section 213(b) of the Armed Forces Reserve Act

of 1952 (66 Stat. 485), or are transferred to the Retired Reserve

under section 6327 of this title, may be retired under this

section, notwithstanding their retired status, if they are

otherwise eligible.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 394; Pub. L. 85-861, Sec.

1(142), Sept. 2, 1958, 72 Stat. 1509; Pub. L. 88-132, Sec. 5(h)(4),

Oct. 2, 1963, 77 Stat. 214; Pub. L. 96-342, title VIII, Sec.

813(d)(2), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96-513, title V,

Sec. 503(47)(A), 513(17), Dec. 12, 1980, 94 Stat. 2914, 2932; Pub.

L. 99-348, title II, Sec. 203(b)(2), July 1, 1986, 100 Stat. 696;

Pub. L. 101-510, div. A, title V, Sec. 523(b), 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

1956 Act

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

Large)

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

6323(a), (b) 34 U.S.C. 410b. Feb. 21, 1946, ch.

34, Sec. 6, 60

Stat. 27.

6323(c) 34 U.S.C. 410b-1. Apr. 14, 1949, ch.

52, Sec. 1 (less

applicability to

Act of June 29,

1948, ch. 708, Sec.

301(b), 62 Stat.

1087), 63 Stat. 47.

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

In subsection (b) the words ''or the Reserve Components thereof''

are omitted because the terms ''Navy'', ''Marine Corps'', and

''Coast Guard'' include the reserve components. The words

''including active duty for training'' are omitted because the term

''active duty'' is defined in this title as including training

duty.

The Act of April 14, 1949 (34 U.S.C. 410b-1), extending the

benefits of 34 U.S.C. 410b to officers on the honorary retired

lists, was enacted because the Comptroller General had held that

these officers, being already in a retired status, could not be

retired under 34 U.S.C. 410b (U.S. Code Congressional Service,

1949, p. 1179). The provisions of the Naval Reserve Act of 1938

relating to the honorary retired lists were repealed by Sec. 803 of

the Armed Forces Reserve Act of 1952, but insofar as they provided

for retirement and retired pay they were reenacted, for a period of

20 years, in Sec. 413 of that act (50 U.S.C. 1052). Persons on the

honorary retired lists when the Armed Forces Reserve Act of 1952

was passed were transferred to the appropriate Retired Reserve

under Sec. 213 of the Act. Persons qualifying for retirement under

Sec. 413 are likewise placed in the Retired Reserve. The purpose of

Congress in enacting Sec. 413 was to preserve the accrued rights of

persons who were members of reserve components on January 1, 1953,

the effective date of the Act (U.S. Code Congressional and

Administrative News, 1952, p. 3584). One of their rights was the

right to apply for retirement under 34 U.S.C. 410b upon completion

of the required service, notwithstanding the fact that, before

qualifying for retirement under that section, they had already

acquired a retired status. Subsection (c) is worded accordingly.

1958 Act

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

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

Large)

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

6323(a), (b) 34 App.:410b. Aug. 4, 1955, ch.

553, Sec. 1, 69

Stat. 493; Aug. 9,

1955, ch. 678, Sec.

1(a), (b), 69 Stat.

614.

6323(c), (e) (No source). (No source).

6323(d) (No source). (No source).

6323(f) (No source). (No source).

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

In subsection (b), the words ''armed forces'' are substituted for

the words ''Navy, Marine Corps, Army, Air Force, or Coast Guard, or

the Reserve Components thereof'' because ''armed forces'', as

defined in this title, is a collective term for these elements.

Subsections (c) and (e) state rules, formerly stated in section

6325, with respect to officers retired under this section.

Subsection (d) states a rule, formerly stated in section 6325,

with respect to warrant officers retired under this section.

In subsections (c) and (e), the words ''Unless otherwise entitled

to a higher grade'' and ''Unless otherwise entitled to higher pay''

are substituted for 34 App.:410c(b).

In subsection (d), the second and third provisos of 34 App.:410b,

relating to officers whose basic pay is not based on years of

service, is omitted as obsolete. Under the Career Compensation Act

of 1949 (37 U.S.C. 231 et seq.), the basic pay of all officers is

based on years of service. The subsection is worded to conform to

the terminology of the Career Compensation Act of 1949 and to make

clear the fact that the amount of retired pay is not permanently

fixed at the time of retirement but is subject to change when rates

of basic pay are changed, as provided in 34 App.:410q.

Subsection (f) was formerly subsection (c).

-REFTEXT-

REFERENCES IN TEXT

Section 213(b) of the Armed Forces Reserve Act of 1952 (66 Stat.

485), referred to in subsec. (f), was classified to section 933 of

Title 50, War and National Defense, and was repealed by section 53

of act Aug. 10, 1956.

-MISC2-

AMENDMENTS

2000 - Subsec. (a)(2). Pub. L. 106-398 substituted ''December 31,

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

1998 - Subsec. (a)(2). 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. (a)(2). Pub. L. 103-160 substituted ''nine-year

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

1990 - Subsec. (a). Pub. L. 101-510 designated existing

provisions as par. (1) and added par. (2).

1986 - Subsec. (e). Pub. L. 99-348 substituted provision that

retired pay be computed under section 6333 for provision that

retired pay, in the case of an officer who first became a member of

a uniformed service, as defined in section 1407(a)(2), before Sept.

8, 1980, be at the rate of 2 1/2 percent of the basic pay of the

grade in which retired, or in the case of an officer who first

became a member of a uniformed service, as defined in section

1407(a)(2), on or after Sept. 8, 1980, be at the rate of 2 1/2

percent of the monthly retired pay base computed under section

1407(d), which rates were to be multiplied by the number of years

of service credited under section 1405, but such retired pay was

not to be more than 75 percent of the basic pay or monthly retired

pay base upon which the computation of retired pay was based.

1980 - Subsec. (c). Pub. L. 96-513, Sec. 503(47)(A), substituted

provisions that the retired grade of an officer retired under this

section is the grade determined under section 1370 of this title

for provisions that had set the grade of officers retired under

this section at the highest grade, permanent or temporary, in which

he had served satisfactorily on active duty as determined by the

Secretary of the Navy; or, if the Secretary determined that he had

not served satisfactorily in his highest temporary grade, in the

next lower grade in which he had served, but not lower than his

permanent grade.

Subsec. (e). Pub. L. 96-513, Sec. 513(17), substituted

''September 8, 1980'' for ''the date of the enactment of the

Department of Defense Authorization Act, 1981'' wherever appearing.

Pub. L. 96-342 designated existing provisions as par. (1),

inserted provision limiting applicability to officers who became

members of the uniformed services before the date of the enactment

of the Department of Defense Authorization Act, 1981, and added

par. (2).

1963 - Subsec. (e). Pub. L. 88-132 substituted ''of'' for ''to

which he would be entitled if serving on active duty in'' after ''2

1/2 percent of the basic pay''.

1958 - Subsec. (a). Pub. L. 85-861 substituted ''first day of any

month'' for ''first day of the month''.

Subsec. (b). Pub. L. 85-861 inserted provisions in cl. (2).

Subsecs. (c) to (f). Pub. L. 85-861 added subsecs. (c) to (e) and

redesignated former subsec. (c) as (f).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 503(47) of Pub. L. 96-513 effective Sept.

15, 1981, and amendment by section 513(17) of Pub. L. 96-513

effective Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out

as a note under section 101 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of Title

37, Pay and Allowances of the Uniformed Services.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a) to approve application

of an officer of Navy or Marine Corps for retirement after

completion of more than 20 years of active service and to designate

month in which such retirements shall become effective delegated to

Secretary of Defense to perform, without approval, ratification, or

other action by President, and with authority for Secretary to

redelegate, see Ex. Ord. No. 12396, Sec. 1(e), 3, Dec. 9, 1982, 47

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

The President.

For delegation to Secretary of Homeland Security of authority

vested in President, see section 2(g) of Ex. Ord. No. 10637, Sept.

16, 1955, 20 F.R. 7025, as amended, set out as a note under section

301 of Title 3, The President.

-MISC5-

TEMPORARY EARLY RETIREMENT AUTHORITY

For provisions authorizing the Secretary of the Navy, during the

period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply

this section to an 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, 6325, 6333, 6383, 10154, 12646 of this title.

-CITE-

10 USC Sec. 6324 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6324. Officers: creditable service

-STATUTE-

For the purpose of this chapter, service as a nurse in the armed

forces before April 16, 1947, is considered as commissioned

service.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 394; Pub. L. 86-197, Sec. 1(6),

Aug. 25, 1959, 73 Stat. 426; Pub. L. 89-609, Sec. 1(15), Sept. 30,

1966, 80 Stat. 853; Pub. L. 90-130, Sec. 1(23)(A), Nov. 8, 1967, 81

Stat. 380.)

-MISC1-

Historical and Revision Notes

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

Large)

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

6324 34 U.S.C. 43g(h). Apr. 16, 1947, ch.

38, Sec. 207(i), 61

Stat. 50;

redesignated (h),

Aug. 7, 1947, ch.

512, Sec. 434(d),

61 Stat. 882.

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

The words ''or the reserve components thereof'' are omitted

because ''Army'', ''Navy'', and ''Air Force'', as defined in this

title, include the reserve components.

AMENDMENTS

1967 - Pub. L. 90-130 substituted provision reciting simply that

service as a nurse in the armed forces before April 16, 1947, is

considered as commissioned service for purposes of this chapter for

provisions making specific reference to service under an

appointment or contract or as a commissioned officer in the Nurse

Corps of the Army or the Navy or as a commissioned officer of the

Air Force designated as an Air Force Nurse.

1966 - Pub. L. 89-609 substituted ''the person's'' for ''her'' in

introductory text in two places.

1959 - Pub. L. 86-197 substituted ''a regular officer or a

reserve officer'' for ''an officer''.

AUTHORITY OF MILITARY DEPARTMENT SECRETARIES TO CONVENE BOARDS TO

RECOMMEND DEFERMENT OF RETIREMENT OR SEPARATION OF NURSES

Secretaries authorized until July 1, 1972, to convene boards of

officers to consider and recommend deferment of separation or

retirement of officers of the Army Nurse Corps, officers of the

Navy Nurse Corps, and Air Force nurses, as needs of the service

require, see section 4(f) of Pub. L. 90-130, set out as a note

under section 3069 of this title.

-CITE-

10 USC Sec. 6325 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6325. Officers: retired grade and pay

-STATUTE-

(a) Except as provided in subsection (b) or section 1370 of this

title, each officer who is retired under section 6321 or 6322 of

this title -

(1) unless otherwise entitled to a higher grade, shall be

retired in the grade in which he was serving at the time of

retirement; and

(2) unless otherwise entitled to higher pay, is entitled to

retired pay computed under section 6333 of this title.

(b) Each officer who is retired while serving in the grade of

admiral, vice admiral, general, or lieutenant general by virtue of

an appointment under section 601 of this title or who is retired

while serving in a grade to which he was appointed or promoted

under section 603 of this title or promoted under section 602

(FOOTNOTE 1) (as in effect before February 1, 1992) or section 5721

of this title -

(FOOTNOTE 1) See References in Text note below.

(1) unless otherwise entitled to a higher grade, shall be

retired in the grade he would hold if he had not received such an

appointment; and

(2) unless otherwise entitled to higher pay, is entitled to

retired pay computed under section 6333 of this title.

(c) A warrant officer who retires under section 6321, 6322, or

6323 of this title may elect to be placed on the retired list in

the highest grade and with the highest retired pay to which he is

entitled under any provision of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 394; Pub. L. 85-422, Sec.

11(a)(6)(B), May 20, 1958, 72 Stat. 131; Pub. L. 85-861, Sec.

1(143), Sept. 2, 1958, 72 Stat. 1509; Pub. L. 88-132, Sec. 5(h)(4),

Oct. 2, 1963, 77 Stat. 214; Pub. L. 95-377, Sec. 7, Sept. 19, 1978,

92 Stat. 721; Pub. L. 96-342, title VIII, Sec. 813(d)(3), Sept. 8,

1980, 94 Stat. 1104; Pub. L. 96-513, title V, Sec. 503(47)(B),

513(17), Dec. 12, 1980, 94 Stat. 2914, 2932; Pub. L. 97-22, Sec.

10(b)(8), July 10, 1981, 95 Stat. 137; Pub. L. 99-348, title I,

Sec. 104(c)(2), title II, Sec. 203(b)(3), July 1, 1986, 100 Stat.

691, 696; Pub. L. 102-484, div. A, title X, Sec. 1052(39), Oct.

23, 1992, 106 Stat. 2501.)

-MISC1-

Historical and Revision Notes

1956 Act

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

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

Large)

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

6325 34 U.S.C. 410m. Aug. 7, 1947, ch.

512, Sec. 316(j),

61 Stat. 868.

34 U.S.C. 626-1(a) Aug. 7, 1947, ch.

(1st sentence). 512, Sec. 314(a)

(1st sentence), 61

Stat. 863; May 5,

1954, ch. 180, Sec.

205, 68 Stat. 68.

34 U.S.C. 389 (1st R.S. 1457 (1st

sentence as sentence as

applicable to applicable to

grade). grade).

34 U.S.C. 410c(a) Feb. 21, 1946, ch.

(as applicable to 34, Sec. 7(a) (as

retired pay of applicable to

officers retired retired pay of

under 34 U.S.C. officers retired

410b). under Sec. 6), 60

Stat. 27; Aug. 7,

1947, ch. 512, Sec.

432(a), 61 Stat.

881.

34 U.S.C. 43g(d). Apr. 16, 1947, ch.

38, Sec. 207(e), 61

Stat. 49;

redesignated (d),

Aug. 7, 1947, ch.

512, Sec. 434(d),

61 Stat. 882; May

16, 1950, ch. 186,

Sec. 3(i), 64 Stat.

162.

34 U.S.C. 43g(f). Apr. 16, 1947, ch.

38, Sec. 207(g), 61

Stat. 49;

redesignated (f),

Aug. 7, 1947, ch.

512, Sec. 434(d),

61 Stat. 882.

34 U.S.C. 410r(a), June 12, 1948, ch.

(g). 449, Sec. 207(a),

(g), 62 Stat. 366.

34 U.S.C. 625h(a). June 12, 1948, ch.

449, Sec. 213(a),

62 Stat. 369.

34 U.S.C. 430(f) (as May 29, 1954, ch.

applicable to 249, Sec. 14(f), 68

officers retired Stat. 163 (as

under 34 U.S.C. applicable to

381, 34 U.S.C. 383, officers retired

and 34 U.S.C. under R.S. 1443,

410b). Act of May 13,

1908, ch. 166, 35

Stat. 128 (8th

sentence, less

proviso), and Act

of Feb. 21, 1946,

ch. 34, Sec. 6, 60

Stat. 27).

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

Title III of the Officer Personnel Act of 1947 authorizes

temporary promotions to the grades of lieutenant through rear

admiral. The purpose of Sec. 316(j) of that act (34 U.S.C. 410m)

was to insure that each officer who is temporarily promoted under

that Title, and who retires before he receives a permanent

appointment in the grade in which he is serving, will be

considered, for the purposes of the laws relating to retired grade

and pay, to be serving in the grade he holds pursuant to his

temporary appointment. Since Sec. 5001 of this title provides that

an officer who holds a permanent appointment in one grade and a

temporary appointment in a higher grade is considered as serving in

the higher grade, a restatement of the substance of Sec. 316(j) is

unnecessary and is omitted from subsection (a). The words ''retired

other than by reason of physical disability incurred in line of

duty'', in 34 U.S.C. 43g(d) and (f) and 34 U.S.C. 410r(g), are

omitted as unnecessary, since this section relates only to officers

who are voluntarily retired under this chapter. The words ''basic

pay to which he would be entitled if serving on active duty in the

grade in which retired'' are substituted for the words

''active-duty pay with longevity credit of the rank with which

retired'' in 34 U.S.C. 410c(a), for the words ''active-duty pay to

which entitled at the time of retirement'' in 34 U.S.C. 43g(d), and

for the words ''active-duty pay to which she would be entitled if

serving, at the time of retirement, on active duty in the rank in

which placed upon the retired list'' in 34 U.S.C. 43g(f) and 34

U.S.C. 410r(g), to make clear the fact that the amount of retired

pay is not permanently fixed at the time of retirement but is

subject to change when rates of basic pay are changed, as provided

in 34 U.S.C. 410q. The words ''basic pay'' are substituted for the

words ''active-duty pay'' and the words ''creditable for basic

pay'' are substituted for the words ''for which entitled to credit

in the computation of her active-duty pay'', and for the words

''for which entitled to credit in the computation of their pay

while on active duty'' to conform to the terminology used in the

Career Compensation Act of 1949 (37 U.S.C. 231 et seq.)

Unlike provisions of law authorizing retirement on various other

grounds, R.S. 1443, which provides for the retirement of officers

on their own application after 40 years of service, contains no

provisions as to retired pay. R.S. 1588 provided, inter alia, that

officers so retired should received retired pay at the rate of 75

percent of the sea pay of their respective grades, but that section

was expressly repealed by Sec. 531(a)(7) of the Career Compensation

Act of 1949, leaving no specific provision for the retired pay of

officers retired under R.S. 1443. It would be absurd to assume,

however, that Congress intended that an officer having 40 years of

service should be retired without pay, when he could have been

retired with pay at any time within the preceding 20 years. By the

repeal of R.S. 1588 Congress intended merely to remove obsolete and

superseded provisions as to retirement at age 62 and retirement

after 45 years of service, references to sea pay, and provisions,

inconsistent with later law, for half pay for officers retired for

other reasons. Congress intended the retired pay of officers

retired after 40 years of service to be computed according to the

formula prescribed generally for retired officers, other than for

officers retired by reason of physical disability, and this section

is worded accordingly.

Subsection (b) is added for clarity. With respect to officers

appointed under Sec. 5231 or 5232 of this title it represents a

necessary inference from 34 U.S.C. 410o and 623b(e), codified in

Sec. 5233 of this title.

1958 Act

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

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

Large)

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

6325 (No source). (No source).

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

The reference to section 6323 is deleted, since it is no longer

appropriate to include in this section officers retired under

section 6323.

-REFTEXT-

REFERENCES IN TEXT

Section 602 of this title, referred to in subsec. (b), was

repealed by Pub. L. 102-190, div. A, title XI, Sec. 1113(a), Dec.

5, 1991, 105 Stat. 1502.

-MISC2-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-484 substituted ''section 602 (as

in effect before February 1, 1992) or section 5721'' for ''section

602 or 5721''.

1986 - Subsec. (a)(2). Pub. L. 99-348, Sec. 203(b)(3),

substituted provision that retired pay be computed under section

6333 for provision that retired pay, in the case of an officer who

first became a member of a uniformed service, as defined in section

1407(a)(2), before Sept. 8, 1980, be at the rate of 2 1/2 percent

of the basic pay of the grade in which he retired, or in the case

of an officer who first became a member of a uniformed service, as

defined in section 1407(a)(2), on or after Sept. 8, 1980, be at the

rate of 2 1/2 percent of the monthly retired pay base computed

under section 1407(d), which rates were to be multiplied by the

number of years of service credited under section 1405, but such

retired pay was not to be more than 75 percent of the basic pay or

monthly retired pay base upon which the computation of retired pay

was based.

Subsec. (b)(2). Pub. L. 99-348, Sec. 203(b)(3), substituted

provision that retired pay be computed under section 6333 for

provision that retired pay, in the case of an officer who first

became a member of a uniformed service, as defined in section

1407(a)(2), before Sept. 8, 1980, be at the rate of 2 1/2 percent

of the basic pay of the grade he would have held if he had not

received an appointment, or in the case of an officer who first

became a member of a uniformed service, as defined in section

1407(a)(2), on or after Sept. 8, 1980, be at the rate of 2 1/2

percent of the monthly retired pay base computed under section

1407(d), which rates were to be multiplied by the number of years

of service credited under section 1405, but such retired pay was

not to be more than 75 percent of the basic pay or monthly retired

pay base upon which the computation of retired pay was based.

Subsec. (c). Pub. L. 99-348, Sec. 104(c)(2), struck out provision

that if the pay of that highest grade was less than the pay of any

warrant grade satisfactorily held by him on active duty, his

retired pay would be based on the higher pay.

1981 - Subsec. (b). Pub. L. 97-22, in provisions preceding par.

(1), substituted ''appointed or promoted under section 603 of this

title or promoted under section 602 or 5721 of this title'' for

''appointed under section 5597 of this title or promoted under

section 5787 or 5787d of this title''.

1980 - Subsec. (a). Pub. L. 96-513, Sec. 503(47)(B)(i), inserted

''or section 1370 of this title'' after ''subsection (b)''.

Subsec. (a)(2). Pub. L. 96-513, Sec. 513(17), substituted

''September 8, 1980'' for ''the date of the enactment of the

Department of Defense Authorization Act, 1981'' wherever appearing.

Pub. L. 96-342, Sec. 813(d)(3)(A), designated existing provisions

as subpar. (A), inserted provision limiting applicability to

officers who became members of the uniformed services before the

date of the enactment of the Department of Defense Authorization

Act, 1981, and added subpar. (B).

Subsec. (b). Pub. L. 96-513, Sec. 503(47)(B)(ii), substituted

''601'' for ''5231 or 5232''.

Subsec. (b)(2). Pub. L. 96-513, Sec. 513(17), substituted

''September 8, 1980'' for ''the date of the enactment of the

Department of Defense Authorization Act, 1981'' wherever appearing.

Pub. L. 96-342, Sec. 813(d)(3)(B), designated existing provisions

as subpar. (A), inserted provision limiting applicability to

officers who became members of the uniformed services before the

date of the enactment of the Department of Defense Authorization

Act, 1981, and added subpar. (B).

1978 - Subsec. (b). Pub. L. 95-377 inserted ''or 5787d'' after

''5787''.

1963 - Subsecs. (a)(2), (b)(2). Pub. L. 88-132 substituted ''of''

for ''to which he would be entitled if serving on active duty in''

following ''2 1/2 percent of the basic pay''.

1958 - Subsec. (a). Pub. L. 85-861 substituted ''or 6322'' for

'', 6322, or 6323''.

Subsecs. (a)(2), (b)(2). Pub. L. 85-422 substituted ''that may be

credited to him under section 1405 of this title'' for ''creditable

for basic pay''.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 10(b) of Pub. L. 97-22 provided that the amendment made

by that section is effective Sept. 15, 1981.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 503(47) of Pub. L. 96-513 effective Sept.

15, 1981, and amendment by section 513(17) of Pub. L. 96-513

effective Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out

as a note under section 101 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of Title

37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9

of Pub. L. 85-422.

RECOMPUTATION OF RETIRED PAY OF ADMIRALS AND VICE ADMIRALS

Officers entitled to retired pay on May 31, 1958, who served on

active duty before that day in the grade of admiral or vice admiral

for a period of at least 180 days, authorized to recompute retired

pay, see section 7(b), (c) of Pub. L. 85-422.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1406, 6333 of this title.

-CITE-

10 USC Sec. 6326 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6326. Enlisted members: 30 years

-STATUTE-

(a) Each enlisted member of the Regular Navy or the Regular

Marine Corps who applies for retirement after completing 30 or more

years of active service in the armed forces shall be retired by the

President.

(b) For the purpose of subsection (a), ''enlisted member''

includes a member of the Regular Navy or the Regular Marine Corps

who holds a permanent enlisted grade and a temporary appointment in

a commissioned or warrant officer grade.

(c) Each person retired under this section -

(1) unless otherwise entitled to a higher grade, shall be

retired in the grade in which serving at the time of retirement;

and

(2) unless otherwise entitled to higher pay, is entitled to

retired pay computed under section 6333 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 395; Pub. L. 85-422, Sec. 6(9),

May 20, 1958, 72 Stat. 129; Pub. L. 85-861, Sec. 36B(20), Sept. 2,

1958, 72 Stat. 1571; Pub. L. 88-132, Sec. 5(h)(4), Oct. 2, 1963, 77

Stat. 214; Pub. L. 90-207, Sec. 3(3), Dec. 16, 1967, 81 Stat. 653;

Pub. L. 96-342, title VIII, Sec. 813(d)(4), Sept. 8, 1980, 94 Stat.

1105; Pub. L. 96-513, title V, Sec. 513(17), (19), Dec. 12, 1980,

94 Stat. 2932; Pub. L. 99-348, title II, Sec. 203(b)(4), July 1,

1986, 100 Stat. 696.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

6326 34 U.S.C. 431. Mar. 3, 1899, ch.

413, Sec. 17, 30

Stat. 1008; Mar. 2,

1907, ch. 2515,

Sec. 1, 34 Stat.

1217.

34 U.S.C. 432. Mar. 3, 1899, ch.

413, Sec. 17, 30

Stat. 1008; June

22, 1906, ch. 3518,

34 Stat. 451; Mar.

2, 1907, ch. 2515,

Sec. 1, 34 Stat.

1217; June 4, 1920,

ch. 228, Sec. 3 (3d

proviso as

applicable to

enlisted men), 41

Stat. 835.

34 U.S.C. 879 (as June 4, 1920, ch.

applicable to 228, Sec. 3 (3d

enlisted men). proviso as

applicable to

enlisted men), 41

Stat. 835.

34 U.S.C. 3c(e). Aug. 7, 1947, ch.

512, Sec. 302(e),

61 Stat. 829.

34 U.S.C. 350f(a) July 24, 1941, ch.

(less provisos). 320, Sec. 7(a)

(less provisos), 55

Stat. 604; Nov. 30,

1942, ch. 643, 56

Stat. 1023.

34 U.S.C. 410m. Aug. 7, 1947, ch.

512, Sec. 316(j),

61 Stat. 868.

34 U.S.C. 350i(e). July 24, 1941, ch.

320, Sec. 10(e), 55

Stat. 605; Feb. 21,

1946, ch. 34, Sec.

8(a), 60 Stat. 28.

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

In subsection (a) the word ''Regular'' is inserted before the

words ''Navy'' and ''Marine Corps'' to reflect the longstanding

interpretation that 34 U.S.C. 431 applies only to members of the

Regular Navy and Regular Marine Corps. So much of the Act of March

2, 1907, ch. 2515, Sec. 1 (34 U.S.C. 431), as pertains to

allowances and rations was expressly repealed by the Act of June

16, 1942, ch. 413, 56 Stat. 369. The words ''active service in the

armed forces'' are substituted for 34 U.S.C. 432 for brevity. The

reference to the former Revenue Cutter Service in 34 U.S.C. 432 is

omitted as obsolete, inasmuch as that Service was absorbed by the

Coast Guard in 1915. If there are any enlisted men not yet retired

who served in the Revenue Cutter Service, their right to count that

service for the purpose of this section is protected by the saving

provisions accompanying this title. The reference to active

service in the Civil or Spanish-American War in 34 U.S.C. 432 is

omitted as obsolete.

Subsection (b) is inserted to cover into the section permanent

enlisted members who are temporarily appointed to commissioned or

warrant grades.

In subsection (c) the word ''grade'' is substituted for the words

''rating or rank'' and the words ''is entitled to retired pay at

the rate of 75 percent of the basic pay to which he would be

entitled if serving on active duty in the grade in which retired''

are substituted for the words ''and with 75 per centum of the pay

of the said rating or rank'' to conform to the terminology of the

Career Compensation Act of 1949 (37 U.S.C. 231 et seq.).

Subsection (d) is substituted for 34 U.S.C. 350i(e) as that

section pertains to voluntary retirement of enlisted members with

30 years of active service.

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-348 substituted provision that

retired pay be computed under section 6333 for provision that

retired pay, in the case of a person who first became a member of a

uniformed service, as defined in section 1407(a)(2), before Sept.

8, 1980, be at the rate of 75 percent of the basic pay of the pay

grade in which he was serving on the day before retirement or, if

he served as master chief petty officer of the Navy or as sergeant

major of the Marine Corps, 75 percent of the highest basic pay to

which he was entitled while so serving, if that rate was higher, or

in the case of a person who first became a member of a uniformed

service, as defined in section 1407(a)(2), on or after Sept. 8,

1980, be computed by multiplying the monthly retired pay base

computed under section 1407(d) by 75 percent.

1980 - Subsec. (c)(2). Pub. L. 96-513 substituted ''September 8,

1980'' for ''the date of the enactment of the Department of Defense

Authorization Act, 1981'' wherever appearing, and ''master chief

petty officer'' for ''senior enlisted advisor''.

Pub. L. 96-342 designated existing provisions as subpar. (A),

inserted provision limiting applicability to persons who became

members of the uniformed services before the date of the enactment

of the Department of Defense Authorization Act, 1981, and added

subpar. (B).

1967 - Subsec. (c)(2). Pub. L. 90-207 inserted '', or if he has

served as senior enlisted advisor of the Navy or as sergeant major

of the Marine Corps, he shall be entitled to retired pay at the

rate of 75 percent of the highest basic pay to which he was

entitled while so serving, if that rate is higher'' after

''retirement''.

1963 - Subsec. (c)(2). Pub. L. 88-132 substituted ''of'' for ''to

which he would be entitled is serving on active duty in'' after

''75 percent of the basic pay''.

1958 - Subsec. (c)(2). Pub. L. 85-422 substituted ''pay grade in

which he was serving on the day before retirement'' for ''grade in

which retired''.

Subsec. (d). Pub. L. 85-861 repealed subsec. (d) which related to

grade of members serving in a grade to which they were appointed

under section 5597 or promoted under section 5787 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-207 effective Oct. 1, 1967, see section 7

of Pub. L. 90-207, set out as a note under section 203 of Title 37,

Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of Title

37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9

of Pub. L. 85-422.

Amendment by Pub. L. 85-422 inapplicable to retired persons or to

persons to whom retired pay is granted before May 31, 1958, see

note set out under section 3991 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1406, 6333 of this title.

-CITE-

10 USC Sec. 6327 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6327. Officers and enlisted members of the Naval Reserve and

Marine Corps Reserve: 30 years; 20 years; retired pay

-STATUTE-

(a) A member of the Naval Reserve or the Marine Corps Reserve may

be transferred to the Retired Reserve upon his request if he has

completed -

(1) at least 30 years of active service in the armed forces,

other than active duty for training; or

(2) at least 20 years of active service in the armed forces

other than active duty for training, the last 10 of which he

served in the 11-year period immediately preceding his transfer

to the Retired Reserve.

(b) Each member who is transferred to the Retired Reserve under

subsection (a) is entitled, when not on active duty, to retired pay

at the rate of 50 percent of the basic pay of the grade in which

retired.

(c) This section applies only to persons who were members of the

Naval Reserve or the Marine Corps Reserve on January 1, 1953.

(d) This section terminates on January 1, 1973. However, its

termination will not affect any accrued rights to retired pay.

(e) A member who is eligible for retirement under this section,

and who is also eligible for retirement under another provision or

for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve

under section 6330 of this title, is entitled to elect which of

these benefits he is to receive.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 395; Pub. L. 85-583, Sec. 1(1),

Aug. 1, 1958, 72 Stat. 480; Pub. L. 88-132, Sec. 5(h)(5), Oct. 2,

1963, 77 Stat. 214.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

6327 50 U.S.C. 1052(a), July 9, 1952, ch.

(b), (d), (e), (f). 608, Sec. 413(a),

(b), (d), (e), (f),

66 Stat. 499.

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

In subsection (a) the word ''Federal'' is omitted and the words

''in the armed forces, other than active duty for training'' are

inserted. The words ''active Federal service'' are not defined in

50 U.S.C. 1052. Section 310 of the Naval Reserve Act of 1938, which

50 U.S.C. 1052 replaced, specifies active service in the ''Army,

Navy, Marine Corps, Coast Guard, Naval Auxiliary Service, Naval

Reserve Force, Naval Militia in Federal status, National Naval

Volunteers, Naval Reserve, Marine Corps Reserve Force, and Marine

Corps Reserve.'' 50 U.S.C. 1052 was intended to preserve the rights

of persons who, on January 1, 1953, were members of reserve

components, so that they would not be prejudiced by the repeal of

Sec. 310 of the Naval Reserve Act of 1938 (U.S. Code Congressional

and Administrative News, 1952, p. 3584). To effect that purpose,

the service that was creditable under the 1938 Act must be

creditable under 50 U.S.C. 1052. The words ''active service in the

armed forces, other than active duty for training'' cover all

creditable service. The Judge Advocate General of the Navy, in an

opinion dated August 27, 1954 (JAG II:2:WGA:CA:mk), held that

active duty for training was not creditable under the 1938 Act and

is, therefore, not creditable under the 1952 Act.

AMENDMENTS

1963 - Subsec. (b). Pub. L. 88-132 substituted ''of the grade in

which retired'' for ''to which he would be entitled if on active

duty'' after ''50 percent of the basic pay''.

1958 - Subsec. (e). Pub. L. 85-583 entitled eligible members of

Naval Reserve or Marine Corps Reserve to elect to transfer to Fleet

Reserve or Fleet Marine Corps Reserve.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of Title

37, Pay and Allowances of the Uniformed Services.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6323 of this title.

-CITE-

10 USC Sec. 6328 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6328. Computation of years of service: voluntary retirement

-STATUTE-

(a) Enlisted Members. - Time required to be made up under section

972(a) of this title after February 10, 1996, may not be counted in

computing years of service under this chapter.

(b) Officers. - Section 972(b) of this title excludes from

computation of an officer's years of service for purposes of this

chapter any time identified with respect to that officer under that

section.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 561(d)(3)(A), Feb.

10, 1996, 110 Stat. 322; amended Pub. L. 107-107, div. A, title X,

Sec. 1048(c)(13), Dec. 28, 2001, 115 Stat. 1226.)

-MISC1-

PRIOR PROVISIONS

A prior section 6328, acts Aug. 10, 1956, ch. 1041, 70A Stat.

396; Sept. 24, 1983, Pub. L. 98-94, title IX, Sec. 923(c)(2), 97

Stat. 643, related to treatment of fractions of years of service in

computing retired pay, prior to repeal by Pub. L. 99-348, title II,

Sec. 203(b)(5), July 1, 1986, 100 Stat. 696.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107 substituted ''February 10,

1996,'' for ''the date of the enactment of this section''.

EFFECTIVE DATE

Section 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 an

Effective Date of 1996 Amendment note under section 972 of this

title.

-CITE-

10 USC Sec. 6329 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6329. Officers not to be retired for misconduct

-STATUTE-

No officer of the Navy or the Marine Corps may be retired because

of misconduct for which trial by court-martial would be

appropriate.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 396.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

6329 34 U.S.C. 385. R.S. 1456.

34 U.S.C. 626-1(a) Aug. 7, 1947, ch.

(1st sentence). 512, Sec. 314(a)

(1st sentence), 61

Stat. 863; May 5,

1954, ch. 180, Sec.

205, 68 Stat. 68.

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

The words ''for which trial by court-martial would be

appropriate'' are substituted for the words ''but he shall be

brought to trial by court-martial for such misconduct''. The

peremptory command in the source text is at variance with the

theory of the Uniform Code of Military Justice and conflicts with

the provisions of articles 30, 32, and 34. The substituted words

are in accord with the interpretation placed on R.S. 1456 in Denby

v. Berry, 263 U.S. 29, 36 (Nov. 12, 1923).

-CITE-

10 USC Sec. 6330 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6330. Enlisted members: transfer to Fleet Reserve and Fleet

Marine Corps Reserve; retainer pay

-STATUTE-

(a) The Fleet Reserve and the Fleet Marine Corps Reserve are

composed of members of the naval service transferred thereto under

this section.

(b) An enlisted member of the Regular Navy or the Naval Reserve

who has completed 20 or more years of active service in the armed

forces may, at his request, be transferred to the Fleet Reserve. An

enlisted member of the Regular Marine Corps or the Marine Corps

Reserve who has completed 20 or more years of active service in the

armed forces may, at his request, be transferred to the Fleet

Marine Corps Reserve.

(c)(1) Each member who is transferred to the Fleet Reserve or the

Fleet Marine Corps Reserve under this section is entitled, when not

on active duty, to retainer pay computed under section 6333 of this

title.

(2) A member may recompute his retainer pay under section 1402 or

1402a of this title, as appropriate, to reflect active duty after

transfer.

(3) If the member has been credited by the Secretary of the Navy

with extraordinary heroism in the line of duty, which determination

by the Secretary is final and conclusive for all purposes, his

retainer pay shall be increased by 10 percent.

(d)(1) For the purposes of subsection (c), each full month of

service that is in addition to the number of full years of service

creditable to a member is counted as one-twelfth of a year and any

remaining fractional part of a month is disregarded.

(2) In determining a member's eligibility for transfer to the

Fleet Reserve or the Fleet Marine Corps Reserve under subsection

(b) -

(A) a completed minority enlistment of the member is counted as

four years of active service, if creditable to the member for

such purpose before December 31, 1977; and

(B) an enlistment of the member terminated within three months

before the end of the term of enlistment is counted as active

service for the full term, if creditable to the member for such

purpose before December 31, 1977.

(3)(A) Subject to subparagraph (B), in determining a member's

years of active service for the computation of retainer pay under

subsection (c) -

(i) a completed minority enlistment of the member is counted as

four years of active service; and

(ii) an enlistment of the member terminated within three months

before the end of the term of enlistment is counted as active

service for the full term.

(B) In the case of a member who is transferred to the Fleet

Reserve or the Fleet Marine Corps Reserve under this section after

December 30, 1977, service attributable under subparagraph (A) to

time which, after December 31, 1977, is not actually served by the

member may not be counted.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 396; Pub. L. 85-583, Sec. 1(2),

(3), Aug. 1, 1958, 72 Stat. 480; Pub. L. 90-207, Sec. 3(4), Dec.

16, 1967, 81 Stat. 653; Pub. L. 96-342, title VIII, Sec. 813(d)(5),

Sept. 8, 1980, 94 Stat. 1105; Pub. L. 96-513, title V, Sec.

513(17), (19), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 98-94, title

IX, Sec. 923(c)(3), Sept. 24, 1983, 97 Stat. 643; Pub. L. 99-348,

title II, Sec. 203(b)(6), title III, Sec. 305(a)(1), July 1, 1986,

100 Stat. 696, 704; Pub. L. 101-189, div. A, title VI, Sec.

652(a)(5), Nov. 29, 1989, 103 Stat. 1461.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

6330 34 U.S.C. 854 (less June 25, 1938, ch.

proviso). 690, Sec. 201 (less

proviso), 52 Stat.

1178.

34 U.S.C. 854 July 9, 1952, ch.

(note). 608, Sec. 803 (2d

sentence of 1st

par.), 66 Stat.

505.

34 U.S.C. 854c (less June 25, 1938, ch.

4th, 5th, 6th (as 690, Sec. 204 (less

applicable to 34 4th, 5th, 6th (as

U.S.C. 854b) and applicable to Sec.

7th provisos). 203 of the Naval

Reserve Act of

1938), and 7th

provisos), 52 Stat.

1170; Aug. 10,

1946, ch. 952, Sec.

2, 60 Stat. 993.

34 U.S.C. 854a (less June 25, 1938, ch.

provisos). 690, Sec. 202 (less

provisos), 52 Stat.

1178.

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

In subsection (a) the words ''officers'' and ''assigned'' are

omitted, since they are applicable only to the proviso in 34 U.S.C.

854, which is recommended for repeal as obsolete. (See Table 2A.)

The words ''including (a) those former members of the Fleet Reserve

who were transferred * * * but before the expiration of three

months following discharge'', appearing in Sec. 803 of the Armed

Forces Reserve Act of 1952, 66 Stat. 505 (34 U.S.C. 854 (note)) are

omitted as surplusage. These words merely illustrate the class of

persons transferred to the Fleet Reserve under the Naval Reserve

Act of 1938, 52 Stat. 1178, as referred to in the section from

which these words were taken, and in no way limit that class or

impose a citizenship requirement for membership in it. (See the

opinion of the Judge Advocate General of the Navy, JAG:II:1:JFG:imz

of February 17, 1953.)

In subsection (b) reference to the date July 1, 1925, is omitted,

since members who were in the naval service on or before that date

may, if they are qualified and so elect, be transferred to the

Fleet Reserve or to the Fleet Marine Corps Reserve under 34 U.S.C.

854c instead of under 34 U.S.C. 854b, as provided in the fifth

proviso of 34 U.S.C. 854c. That proviso and the provisions of 34

U.S.C. 854b, which are applicable only to persons who were in the

naval service in 1925, are not codified because they relate to a

small closed class and are therefore of limited interest. They are

not repealed, however. (See Table 2D.)

In subsections (b) and (c) the term ''active service in the armed

forces'' is substituted for the term ''active Federal service'' to

execute the definition in the last sentence of 34 U.S.C. 854c.

In subsection (c) the words ''is entitled, when not on active

duty, to retainer pay at the rate of 2 1/2 percent of the basic pay

that he received at the time of transfer'' are substituted for the

words ''except when on active duty, shall be paid at the annual

rate of 2 1/2 per centum of the annual base and longevity pay they

are receiving at the time of transfer'' to conform to the

terminology of the Career Compensation Act of 1949 (37 U.S.C. 231

et seq.).

Subsection (d) states the rule as to the method of counting

minority and short-term enlistments, in connection with determining

active service, in accordance with White v. United States, 97 F.

Supp. 698.

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-189 substituted ''under this

section.'' for ''under -

''(1) Title II of the Naval Reserve Act of 1938 (52 Stat.

1178), as amended; or

''(2) this section.''

1986 - Subsec. (c)(1). Pub. L. 99-348, Sec. 203(b)(6)(A),

substituted provision that retainer pay be computed under section

6333 for provision that retainer pay, in the case of a member who

first became a member of a uniformed service, as defined in section

1407(a)(2), before Sept. 8, 1980, be at the rate of 2 1/2 percent

of the basic pay that he received at the time of transfer or, in

the case of a member who served as master chief petty officer of

the Navy or sergeant major of the Marine Corps, of the highest

basic pay to which he was entitled while so serving, if that basic

pay is higher than the basic pay received at the time of transfer,

or in the case of a member who first became a member of a uniformed

service, as defined in section 1407(a)(2), on or after Sept. 8,

1980, be at the rate of 2 1/2 percent of the monthly retainer pay

base computed under section 1407(d), which rates were to be

multiplied by the number of years of active service in the armed

forces.

Subsec. (c)(4). Pub. L. 99-348, Sec. 203(b)(6)(B), struck out

par. (4) which provided that in no case could a member's retainer

pay be more than 75 percent of the basic pay or monthly retainer

pay base upon which computation of retainer pay was based.

Subsec. (d). Pub. L. 99-348, Sec. 305(a)(1), designated existing

provisions as par. (1), struck out provision that a completed

minority enlistment be counted as four years of active service and

an enlistment terminated within three months before the end of the

term be counted as active service for the full term, and added

pars. (2) and (3).

1983 - Subsec. (d). Pub. L. 98-94 substituted ''For the purposes

of subsection (c), each full month of service that is in addition

to the number of full years of service creditable to a member is

counted as one-twelfth of a year and any remaining fractional part

of a month is disregarded'' for ''For the purposes of subsections

(b) and (c), a part of a year that is six months or more is counted

as a whole year and a part of a year that is less than six months

is disregarded''.

1980 - Subsec. (c). Pub. L. 96-513 substituted ''September 8,

1980'' for ''the date of the enactment of the Department of Defense

Authorization Act, 1981'' wherever appearing, and ''master chief

petty officer'' for ''senior enlisted advisor''.

Pub. L. 96-342 amended subsec. (c) generally, designating

existing provisions as pars. (1) to (4) and, as so amended, in par.

(1) designated existing provisions as subpar. (A), as so

designated, inserted provision limiting applicability to persons

who became members of the uniformed services before the date of the

enactment of the Department of Defense Authorization Act, 1981, and

added subpar. (B), in par. (2) inserted reference to section 1402a

of this title, and in par. (4) added applicability to monthly

retainer pay base.

1967 - Subsec. (c). Pub. L. 90-207 inserted '', except that in

the case of a member who has served as senior enlisted advisor of

the Navy or sergeant major of the Marine Corps, retainer pay shall

be computed on the basis of the highest basic pay to which he was

entitled while so serving, if that basic pay is higher than the

basic pay received at the time of transfer'' after ''armed

forces''.

1958 - Subsec. (a). Pub. L. 85-583, Sec. 1(2), substituted

''naval service'' for ''Regular Navy and the Regular Marine Corps,

respectively,''.

Subsec. (b). Pub. L. 85-583, Sec. 1(3), inserted ''or the Naval

Reserve'' after ''Regular Navy'' and ''or the Marine Corps

Reserve'' after ''Regular Marine Corps''.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-94 applicable with respect to the

computation of retired or retainer pay of any individual who

becomes entitled to that pay after Sept. 30, 1983, see section

923(g) of Pub. L. 98-94, set out as a note under section 1174 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-207 effective Oct. 1, 1967, see section 7

of Pub. L. 90-207, set out as a note under section 203 of Title 37,

Pay and Allowances of the Uniformed Services.

TEMPORARY EARLY RETIREMENT AUTHORITY

For provisions authorizing the Secretary of the Navy, during the

period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply

this section to an enlisted member of the Navy or Marine Corps with

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

or more years'' for ''20 or more years'' in the first sentence of

subsection (a) (probably should be (b)) of this section and in the

second sentence of subsec. (b) of this section, see section 4403 of

Pub. L. 102-484, set out as a note under section 1293 of this

title.

RETAINER PAY OF ENLISTED MEMBERS OF REGULAR NAVY, NAVAL RESERVE,

REGULAR MARINE CORPS, OR MARINE CORPS RESERVE TRANSFERRED TO FLEET

RESERVE OR FLEET MARINE CORPS RESERVE

Pub. L. 98-473, title I, Sec. 101(h) (title VIII, Sec. 8039),

Oct. 12, 1984, 98 Stat. 1904, 1930, limited the use of assets of

the Department of Defense Military Retirement Fund to pay the

retainer pay of enlisted members of the Regular Navy, the Naval

Reserve, the Regular Marine Corps, or the Marine Corps Reserve who

were transferred to the Fleet Reserve or the Fleet Marine Corps

Reserve under this section on or after Dec. 31, 1977, prior to

repeal by Pub. L. 99-348, title III, Sec. 305(a)(2), July 1, 1986,

100 Stat. 704. See section 6330(d)(2) and (3) of this title.

TRANSFER OF FORMER MEMBERS OF NAVY OR MARINE CORPS TO FLEET RESERVE

OR FLEET MARINE CORPS RESERVE; TRANSFER TO RETIRED LIST

Act July 24, 1956, ch. 683, 70 Stat. 626, provided: ''Upon

application by any former member of the Navy or Marine Corps -

''(1) who was discharged prior to August 10, 1946, under

honorable conditions, and

''(2) who, at the time of his discharge, had at least twenty

years' active Federal service,

the Secretary of the Navy shall appoint such former member in the

Fleet Reserve or Fleet Marine Corps Reserve, as may be appropriate,

in the rank held by him at the time of such discharge.

''Sec. 2. Each person appointed to the Fleet Reserve or Fleet

Marine Corps Reserve under the first section of this Act shall be

transferred to the appropriate retired list (1) on the first day of

the first calendar month beginning after such appointment, if his

last discharge occurred ten or more years prior to the date of such

appointment, and (2) in the case of individuals appointed under

such section before the expiration of ten years from their last

discharge, on the first day of the first calendar month, beginning

after the expiration of ten years from the date of such discharge.

''Sec. 3. Each former member transferred to a retired list under

clauses (1) and (2) of section 2 shall receive retired pay at the

annual rate of 2 1/2 per centum of the annual base and longevity

pay he was receiving at the time of his last discharge, multiplied

by the number of his years of active Federal service at such time

(not to exceed thirty), and adjusted to reflect the percentage

increases made since such discharge in the retired pay of persons

retired from the Armed Forces prior to October 12, 1949.

''Sec. 4. For the purposes of this Act, all active service in the

Army of the United States, the Navy, the Marine Corps, the Coast

Guard, or any component thereof, shall be deemed to be active

Federal service.

''Sec. 5. No pay shall accrue to the benefit of any person

appointed under the provisions of this Act prior to the date such

person is actually appointed under the provisions of this Act and

in no event prior to the first day of the first month following

enactment of this Act (July 24, 1956).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1176, 1177, 1406, 1407,

1409, 1447, 6327, 6333, 6336 of this title.

-CITE-

10 USC Sec. 6331 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6331. Members of the Fleet Reserve and Fleet Marine Corps

Reserve: transfer to the retired list; retired pay

-STATUTE-

(a) When he has completed 30 years of service, or when he is

found not physically qualified in an examination under section 6485

of this title, a member of the Fleet Reserve or the Fleet Marine

Corps Reserve shall be transferred -

(1) to the retired list of the Regular Navy or the Regular

Marine Corps, as appropriate, if he was a member of the Regular

Navy or the Regular Marine Corps at the time of his transfer to

the Fleet Reserve or the Fleet Marine Corps Reserve; or

(2) to the appropriate Retired Reserve, if he was a member of

the Naval Reserve or the Marine Corps Reserve at the time of his

transfer to the Fleet Reserve or the Fleet Marine Corps Reserve.

(b) For the purpose of subsection (a), a member's years of

service are computed by adding -

(1) the years of service credited to him upon his transfer to

the Fleet Reserve or the Fleet Marine Corps Reserve;

(2) his years of active and inactive service in the armed

forces before his transfer to the Fleet Reserve or the Fleet

Marine Corps Reserve not credited to him upon that transfer; and

(3) his years of service, active and inactive, in the Fleet

Reserve or the Fleet Marine Corps Reserve.

(c) Unless otherwise entitled to higher pay, each member

transferred to the retired list or the Retired Reserve under this

section is entitled to retired pay at the same rate as the retainer

pay to which he was entitled at the time of his transfer to the

retired list or the Retired Reserve.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 397; Pub. L. 85-583, Sec.

1(4-6), Aug. 1, 1958, 72 Stat. 480.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

6331 34 U.S.C. 854c (4th June 25, 1938, ch.

proviso). 690, Sec. 204 (4th

proviso), 52 Stat.

1179; Aug. 10,

1946, ch. 952, Sec.

2, 60 Stat. 993.

34 U.S.C. 854e (2d June 25, 1938, ch.

and 4th provisos). 690, Sec. 206 (2d

and 4th provisos),

52 Stat. 1179; Apr.

25, 1940, ch. 153,

54 Stat. 162.

34 U.S.C. 854 July 9, 1952, ch.

(note). 608, Sec. 803 (3d

sentence), 66 Stat.

505.

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

In subsection (a) the words ''transferred * * * in accordance

with the provisions of this section and of sections 853 and 854b of

this title'', in the fourth proviso of 34 U.S.C. 854c, and the

words ''transferred after sixteen years' or more service in the

Regular Navy'', and ''men coming under the cognizance of sections

853 and 854b of this title'', in the second proviso of 34 U.S.C.

854e, are omitted as surplusage since the classes designated by

these phrases comprise all members of the Fleet Reserve and Fleet

Marine Corps Reserve.

Subsection (b) is worded so as to cover all members of the Fleet

Reserve and the Fleet Marine Corps Reserve regardless of the law

under which they attained that status. A member transferring under

34 U.S.C. 854b may count only active naval service in computing the

service required for that transfer, but in determining his

eligibility for retirement he may add to his active naval service

all previous active or inactive service in the Army, Navy, Marine

Corps, Air Force, or Coast Guard, and his time in the Fleet

Reserve. A member transferring to the Fleet Reserve under 34 U.S.C.

854c may count active service in any armed force toward that

transfer, and he determines his eligibility for retirement by

adding to the service credited to him at the time of transfer any

previous inactive service in the armed forces and his time in the

Fleet Reserve. As to the latter member the words ''active service''

in clause (2) are superfluous, since such service would have been

credited to him upon his transfer to the Fleet Reserve, but they

are needed in the case of a member transferred under 34 U.S.C.

854b.

In subsection (c) references to the ''allowances to which

enlisted men of the Navy are entitled on retirement after thirty

years' service'', in the second and fourth provisos of 34 U.S.C.

854e, are omitted because of the repeal, by Sec. 19 of the Pay

Readjustment Act of 1942, 56 Stat. 369, of the laws authorizing

such allowances.

AMENDMENTS

1958 - Subsec. (a). Pub. L. 85-583, Sec. 1(4), provided for the

transfer to the appropriate Retired Reserve of those members of the

Fleet Reserve or the Fleet Marine Corps Reserve who had transferred

thereto from the Naval Reserve or the Marine Corps Reserve.

Subsec. (b). Pub. L. 85-583, Sec. 1(5), struck out ''of clause

(2)''.

Subsec. (c). Pub. L. 85-583, Sec. 1(6), inserted ''or the Retired

Reserve'' after ''retired list'' wherever appearing.

-CITE-

10 USC Sec. 6332 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6332. Conclusiveness of transfers

-STATUTE-

When a member of the naval service is transferred by the

Secretary of the Navy -

(1) to the Fleet Reserve;

(2) to the Fleet Marine Corps Reserve;

(3) from the Fleet Reserve to the retired list of the Regular

Navy or the Retired Reserve; or

(4) from the Fleet Marine Corps Reserve to the retired list of

the Regular Marine Corps or the Retired Reserve;

the transfer is conclusive for all purposes. Each member so

transferred is entitled, when not on active duty, to retainer pay

or retired pay from the date of transfer in accordance with his

grade and number of years of creditable service as determined by

the Secretary. The Secretary may correct any error or omission in

his determination as to a member's grade and years of creditable

service. When such a correction is made, the member is entitled,

when not on active duty, to retainer pay or retired pay in

accordance with his grade and number of years of creditable

service, as corrected, from the date of transfer.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 397; Pub. L. 85-583, Sec. 1(7),

Aug. 1, 1958, 72 Stat. 480; Pub. L. 85-861, Sec. 33(a)(33), Sept.

2, 1958, 72 Stat. 1566.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

6332 34 U.S.C. 854a June 25, 1938, ch.

(provisos). 690, Sec. 202

(provisos), 52

Stat. 1178.

34 U.S.C. 854 July 9, 1952, ch.

(note). 608, Sec. 803 (3d

sentence), 66 Stat.

505.

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

The words ''when not on active duty, to retainer pay or retired

pay'' are substituted for the words ''pay and allowances''. The

pay and allowances of a member on active duty are covered by the

Career Compensation Act of 1949 (37 U.S.C. 231 et seq.). When not

on active duty a member of the Fleet Reserve receives retainer pay

and a retired member receives retired pay without allowances, the

provision for allowances for retired members having been repealed

as pointed out in the note on the preceding section. In the last

sentence the words ''from the date of transfer'' are added to make

it clear that a correction is retroactive to that date. The Court

of Claims has so held (Dugan v. United States (1943), 100 Ct. Cl.

7).

AMENDMENTS

1958 - Pub. L. 85-861 substituted ''to retainer pay or retired

pay in accordance'' for ''to retain pay or retired pay in

accordance''.

Pub. L. 85-583 inserted ''or the Retired Reserve'' after ''Navy''

in cl. (3) and after ''Marine Corps'' in cl. (4).

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.

-CITE-

10 USC Sec. 6333 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6333. Computation of retired and retainer pay

-STATUTE-

(a) The monthly retired pay or retainer pay of a member entitled

to such pay under this chapter or under section 6383 of this title

is computed in accordance with the following table.

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

Formula :For sections :Column 1 Take :Column 2

: : : Multiply by

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

A :6325(a) 6326 :Retired pay :75 percent.

: : base computed :

: : under section :

: : 1406(d) or :

: : 1407 :

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

B :6323 6325(b) :Retired pay :Retired pay

: 6383 : base computed : multiplier

: : under section : prescribed

: : 1406(d) or : under section

: : 1407 : 1409 for the

: : : years of

: : : service that

: : : may be

: : : credited to

: : : him under

: : : section 1405.

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

C :6330 :Retainer pay :Retainer pay

: : base computed : multiplier

: : under section : prescribed

: : 1406(d) or : under section

: : 1407 : 1409 for the

: : : years of

: : : service that

: : : may be

: : : credited to

: : : him under

: : : section 1405.

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

(b)(1) Retired pay or retainer pay computed under this section,

if not a multiple of $1, shall be rounded to the next lower

multiple of $1.

(2) References in the table in subsection (a) are to sections of

this title.

(c) In the case of a Reserve enlisted member whose grade upon

transfer to the Fleet Reserve or Fleet Marine Corps Reserve is

determined under section 6336 of this title and who first became a

member of a uniformed service before September 8, 1980, the

retainer pay base of the member (notwithstanding section 1406(a)(1)

of this title) is the amount of the monthly basic pay of the grade

in which the member is so transferred (determined based upon the

rates of basic pay applicable on the date of the member's

transfer), and that amount shall be used for the purposes of the

table in subsection (a) rather than the amount computed under

section 1406(d) of this title.

-SOURCE-

(Added Pub. L. 98-94, title IX, Sec. 922(a)(10)(A), Sept. 24, 1983,

97 Stat. 641; amended Pub. L. 99-348, title II, Sec. 203(a), July

1, 1986, 100 Stat. 695; Pub. L. 103-337, div. A, title VI, Sec.

635(b), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104-106, div. A,

title XV, Sec. 1503(b)(3), Feb. 10, 1996, 110 Stat. 512; Pub. L.

104-201, div. A, title V, Sec. 532(d)(2), Sept. 23, 1996, 110

Stat. 2520.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106 struck out first period after

''section 1405'' in Formula C under Column 2 in table.

Subsec. (c). Pub. L. 104-201 added subsec. (c).

1994 - Subsec. (a). Pub. L. 103-337 substituted ''the years of

service that may be credited to him under section 1405.'' for ''his

years of active service in the armed forces'' in Formula C under

Column 2 in table.

1986 - Pub. L. 99-348 amended section generally, designating

existing provision as subsec. (b)(1), substituting ''under this

section'' for ''under this chapter'', and adding subsecs. (a) and

(b)(2).

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

Section effective Oct. 1, 1983, see section 922(e) of Pub. L.

98-94, set out as an Effective Date of 1983 Amendment note under

section 1401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1406, 6323, 6325, 6326,

6330, 6383 of this title.

-CITE-

10 USC Sec. 6334 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6334. Higher grade after 30 years of service: warrant officers

and enlisted members

-STATUTE-

(a) Each member of the naval service covered by subsection (b)

who, after December 4, 1987, is retired with less than 30 years of

active service or is transferred to the Fleet Reserve or Fleet

Marine Corps Reserve is entitled, when his active service plus his

service on the retired list or his service in the Fleet Reserve or

the Fleet Marine Corps Reserve totals 30 years, to be advanced on

the retired list to the highest grade in which he served on active

duty satisfactorily, as determined by the Secretary of the Navy.

(b) This section applies to -

(1) warrant officers of the naval service;

(2) enlisted members of the Regular Navy and Regular Marine

Corps; and

(3) reserve enlisted members of the Navy and Marine Corps who,

at the time of retirement or transfer to the Fleet Reserve or

Fleet Marine Corps Reserve, are serving on active duty.

(c) An enlisted member of the naval service who is advanced on

the retired list under this section is entitled to recompute his

retired or retainer pay under formula A of the following table, and

a warrant officer of the naval service so advanced is entitled to

recompute his retired pay under formula B of that table. The

amount recomputed, if not a multiple of $1, shall be rounded to the

next lower multiple of $1.

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

Formula Column 1 Take Column 2 Multiply by

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

A Retired pay base as The retired pay

computed under multiplier

section 1406(d) or prescribed in

1407 of this title section 1409 of

this title for the

number of years

creditable for his

retainer or retired

pay at the time of

retirement.

(FOOTNOTE 1)

B Retired pay base as The retired pay

computed under multiplier

section 1406(d) of prescribed in

this title section 1409 of

this title for the

number of years

credited to him

under section 1405

of this title.

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

(FOOTNOTE 1) In determining the retired pay multiplier, credit

each full month of service that is in addition to the number of

full years of service creditable to the member as 1/12 of a year

and disregard any remaining fractional part of a month.

-SOURCE-

(Added Pub. L. 100-180, div. A, title V, Sec. 512(b), Dec. 4,

1987, 101 Stat. 1089; amended Pub. L. 101-189, div. A, title XVI,

Sec. 1622(g), Nov. 29, 1989, 103 Stat. 1605.)

-MISC1-

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-189 substituted ''December 4,

1987'' for ''the date of the enactment of this section''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1406, 6335 of this title.

-CITE-

10 USC Sec. 6335 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6335. Restoration to former grade: warrant officers and

enlisted members

-STATUTE-

Each retired warrant officer or enlisted member of the naval

service who has been advanced on the retired list to a higher

commissioned grade under section 6334 of this title, and who

applies to the Secretary of the Navy within three months after his

advancement, shall, if the Secretary approves, be restored on the

retired list to his former warrant officer or enlisted status, as

the case may be.

-SOURCE-

(Added Pub. L. 100-180, div. A, title V, Sec. 512(b), Dec. 4,

1987, 101 Stat. 1090.)

-CITE-

10 USC Sec. 6336 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 571 - VOLUNTARY RETIREMENT

-HEAD-

Sec. 6336. Highest grade held satisfactorily: Reserve enlisted

members reduced in grade not as a result of the member's

misconduct

-STATUTE-

(a) A member of the Naval Reserve or Marine Corps Reserve

described in subsection (b) who is transferred to the Fleet Reserve

or the Fleet Marine Corps Reserve under section 6330 of this title

shall be transferred in the highest enlisted grade in which the

member served on active duty satisfactorily, as determined by the

Secretary of the Navy.

(b) This section applies to a Reserve enlisted member who -

(1) at the time of transfer to the Fleet Reserve or Fleet

Marine Corps Reserve is serving on active duty in a grade lower

than the highest enlisted grade held by the member while on

active duty; and

(2) was previously administratively reduced in grade not as a

result of the member's own misconduct, as determined by the

Secretary of the Navy.

(c) This section applies with respect to enlisted members of the

Naval Reserve and Marine Corps Reserve who are transferred to the

Fleet Reserve or the Fleet Marine Corps Reserve after September 30,

1996.

-SOURCE-

(Added Pub. L. 104-201, div. A, title V, Sec. 532(b)(1), Sept. 23,

1996, 110 Stat. 2519.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6333 of this title.

-CITE-