[USC02] 10 USC Ch. 741: RETIREMENT FOR LENGTH OF SERVICE
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10 USC Ch. 741: RETIREMENT FOR LENGTH OF SERVICE
From Title 10—ARMED FORCESSubtitle B—ArmyPART II—PERSONNEL

CHAPTER 741—RETIREMENT FOR LENGTH OF SERVICE

Sec.
7311.
Twenty years or more: regular or reserve commissioned officers.
7314.
Twenty to thirty years: enlisted members.
7317.
Thirty years or more: regular enlisted members.
7318.
Thirty years or more: regular commissioned officers.
7320.
More than thirty years: permanent professors and the Director of Admissions of the United States Military Academy.
7321.
Mandatory retirement: Superintendent of the United States Military Academy; waiver authority.
7324.
Forty years or more: Army officers.
7325.
Computation of years of service: voluntary retirement; enlisted members.
7326.
Computation of years of service: voluntary retirement; regular and reserve commissioned officers.
7329.
Computation of retired pay: law applicable.

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §808(e)(2)(B), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 367 of this title as this chapter and items 3911, 3914, 3917, 3918, 3920, 3921, 3924 to 3926, and 3929 as 7311, 7314, 7317, 7318, 7320, 7321, 7324 to 7326, and 7329, respectively.

2004Pub. L. 108–375, div. A, title V, §541(c)(1)(B), Oct. 28, 2004, 118 Stat. 1904, inserted "; waiver authority" after "Academy" in item 3921.

1999Pub. L. 106–65, div. A, title V, §532(a)(4)(A), Oct. 5, 1999, 113 Stat. 603, added item 3921.

1996Pub. L. 104–106, div. A, title V, §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.

1981Pub. L. 97–22, §10(b)(5), July 10, 1981, 95 Stat. 137, struck out item 3922 "Thirty years or five years in grade: regular brigadier generals".

1980Pub. L. 96–513, title V, §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, §9(a)(3), Sept. 8, 1980, 94 Stat. 1128, struck out "regular" before "enlisted members" in items 3914 and 3925.

1967Pub. L. 90–130, §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".

1957Pub. L. 85–155, title I, §101(20), title IV, §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".

§7311. Twenty years or more: regular or reserve commissioned officers

(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 7326 of this title, at least 10 years of which have been active service as a commissioned officer.

(b)(1) The Secretary of Defense may authorize the Secretary of the Army, during the period specified in paragraph (2), 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.

(2) The period specified in this paragraph is the period beginning on January 7, 2011, and ending on September 30, 2018.

(Aug. 10, 1956, ch. 1041, 70A Stat. 224, §3911; Pub. L. 101–510, div. A, title V, §523(a), Nov. 5, 1990, 104 Stat. 1562; Pub. L. 103–160, div. A, title V, §561(c), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105–261, div. A, title V, §561(e), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106–398, §1 [[div. A], title V, §571(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A-134; Pub. L. 109–163, div. A, title V, §502(a), Jan. 6, 2006, 119 Stat. 3225; Pub. L. 109–364, div. A, title X, §1071(a)(27), Oct. 17, 2006, 120 Stat. 2399; Pub. L. 111–383, div. A, title V, §506(a), Jan. 7, 2011, 124 Stat. 4210; Pub. L. 112–239, div. A, title V, §505(a), title X, §1076(e)(6), Jan. 2, 2013, 126 Stat. 1715, 1951; renumbered §7311 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3911 10:943a.

10:971b (1st 100 words).

July 31, 1935, ch. 422, §5 (1st 101 words); restated June 13, 1940, ch. 344, §3 (1st 45 words), 54 Stat. 380; June 29, 1948, ch. 708, §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.

Prior Provisions

A prior section 7311 was renumbered section 8681 of this title.

A prior section 7312 was renumbered section 8682 of this title.

Another prior section 7312, added Pub. L. 100–180, div. A, title XI, §1102(a)(1), Dec. 4, 1987, 101 Stat. 1145; amended Pub. L. 100–456, div. A, title XII, §1223, Sept. 29, 1988, 102 Stat. 2054; Pub. L. 101–189, div. A, title XVI, §1612, Nov. 29, 1989, 103 Stat. 1601, related to progress payments under certain contracts for repair or maintenance of naval vessels, prior to repeal by Pub. L. 103–355, title II, §2001(j)(1), title X, §10001, Oct. 13, 1994, 108 Stat. 3303, 3404, effective Oct. 13, 1994, except as otherwise provided. See section 2307(g) of this title.

A prior section 7313 was renumbered section 8683 of this title.

Amendments

2018Pub. L. 115–232, §808(b)(12), renumbered section 3911 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 7326" for "section 3926".

2013—Subsec. (b)(2). Pub. L. 112–239, §1076(e)(6), substituted "January 7, 2011," for "the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011".

Pub. L. 112–239, §505(a), substituted "September 30, 2018" for "September 30, 2013".

2011—Subsec. (b)(2). Pub. L. 111–383 substituted "the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013" for "January 6, 2006, and ending on December 31, 2008".

2006—Subsec. (b). Pub. L. 109–364 struck out second comma after "paragraph (2)" in par. (1) and substituted "January 6, 2006," for "the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006" in par. (2).

Pub. L. 109–163 designated existing provisions as par. (1), substituted "during the period specified in paragraph (2)," for "during the period beginning on October 1, 1990, and ending on December 31, 2001", and added par. (2).

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".

1990Pub. L. 101–510 designated existing provisions as subsec. (a) and added subsec. (b).

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

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.

§7314. Twenty to thirty years: enlisted members

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 7325 of this title may, upon his request, be retired.

(Aug. 10, 1956, ch. 1041, 70A Stat. 225, §3914; Pub. L. 85–861, §33(a)(25), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96–343, §9(a)(1), Sept. 8, 1980, 94 Stat. 1128; Pub. L. 103–337, div. A, title V, §515(a), Oct. 5, 1994, 108 Stat. 2753; renumbered §7314 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3914 10:948 (1st sentence).

10:948a.

Oct. 6, 1945, ch. 393, §4 (1st sentence); restated Aug. 10, 1946, ch. 952, §6(a) (1st sentence), 60 Stat. 996.
  Aug. 10, 1946, ch. 952, §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.

Prior Provisions

Prior sections 7314 to 7316 were renumbered sections 8684 to 8686 of this title, respectively.

Amendments

2018Pub. L. 115–232, §809(a), substituted "section 7325" for "section 3925".

Pub. L. 115–232, §808(b)(12), renumbered section 3914 of this title as this section.

1994Pub. 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."

1980Pub. 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".

1958Pub. L. 85–861 substituted "regulations to be prescribed" for "regulations prescribed".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Pub. L. 96–343, §9(c), Sept. 8, 1980, 94 Stat. 1129, 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.

§7317. Thirty years or more: regular enlisted members

A regular enlisted member of the Army who has at least 30 years of service computed under section 7325 of this title shall be retired upon his request.

(Aug. 10, 1956, ch. 1041, 70A Stat. 226, §3917; renumbered §7317 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3917 10:947 (less proviso).

10:947a (less last 11 words).

Mar. 2, 1907, ch. 2515, §1 (1st 35 words), 34 Stat. 1217.
  Feb. 14, 1885, ch. 67 (less 43d through 53d words); restated Sept. 30, 1890, ch. 1125 (less 43d through 53d words), 26 Stat. 504.

The word "regular" is inserted to conform to an 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.

Prior Provisions

A prior section 7317 was renumbered section 8687 of this title.

Amendments

2018Pub. L. 115–232, §809(a), substituted "section 7325" for "section 3925".

Pub. L. 115–232, §808(b)(12), renumbered section 3917 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7318. Thirty years or more: regular commissioned officers

A regular commissioned officer of the Army who has at least 30 years of service computed under section 7326 of this title may be retired upon his request, in the discretion of the President.

(Aug. 10, 1956, ch. 1041, 70A Stat. 226, §3918; renumbered §7318 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3918 10:943. R.S. 1243; Dec. 16, 1930, ch. 14, §1 (as applicable to R.S. 1243), 46 Stat. 1028.

The word "commissioned" is inserted, since the 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.

Prior Provisions

Prior sections 7318 and 7319 were renumbered sections 8688 and 8689 of this title, respectively.

Amendments

2018Pub. L. 115–232, §809(a), substituted "section 7326" for "section 3926".

Pub. L. 115–232, §808(b)(12), renumbered section 3918 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

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, §§1(f), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President.

§7320. More than thirty years: permanent professors and the Director of Admissions of the United States Military Academy

(a) The Secretary of the Army may retire an officer specified in subsection (b) who has more than 30 years of service as a commissioned 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 226, §3920; Pub. L. 104–106, div. A, title V, §509(a)(1), Feb. 10, 1996, 110 Stat. 297; renumbered §7320, Pub. L. 115–232, div. A, title VIII, §808(b)(12), Aug. 13, 2018, 132 Stat. 1838.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3920 10:1079a(c) (proviso). Aug. 7, 1947, ch. 512, §520(c) (proviso), 61 Stat. 912.

The word "retire" is substituted for the words "direct the retirement of". The words "as a commissioned officer" are substituted for the word "commissioned".

Prior Provisions

A prior section 7320 was renumbered section 8690 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 3920 of this title as this section.

1996Pub. 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."

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7321. Mandatory retirement: Superintendent of the United States Military Academy; waiver authority

(a) Mandatory Retirement.—Upon the 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.

(b) Waiver Authority.—The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment.

(Added Pub. L. 106–65, div. A, title V, §532(a)(1)(A), Oct. 5, 1999, 113 Stat. 602, §3921; amended Pub. L. 108–375, div. A, title V, §541(a)(1), (c)(1)(A), Oct. 28, 2004, 118 Stat. 1902, 1903; renumbered §7321, Pub. L. 115–232, div. A, title VIII, §808(b)(12), Aug. 13, 2018, 132 Stat. 1838.)

Prior Provisions

A prior section 7321 was renumbered section 8691 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 3921 of this title as this section.

2004Pub. L. 108–375 inserted "; waiver authority" at end of section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Application of Section to Superintendents Serving on October 5, 1999

Pub. L. 106–65, div. A, title V, §532(a)(5), Oct. 5, 1999, 113 Stat. 604, provided that: "The amendments made by this subsection [enacting this section and sections 4333a, 6371, 6951a, 8921, and 9333a of this title] shall not apply to an officer serving on the date of the enactment of this Act [Oct. 5, 1999] in the position of 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."

§7324. Forty years or more: Army officers

(a) Except as provided in section 1186 of this title, a commissioned officer of the Army who has at least 40 years of service computed under section 7326 of this title shall be retired upon his request.

(b) Any warrant officer of the Army who has at least 40 years of service computed under section 7326(a) of this title shall be retired upon his request.

(Aug. 10, 1956, ch. 1041, 70A Stat. 227, §3924; Pub. L. 96–513, title V, §502(17), Dec. 12, 1980, 94 Stat. 2910; renumbered §7324 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3924(a)

 

 

3924(b)

10:942 (as applicable to commissioned officers).

10:942 (less applicability to commissioned officers).

June 30, 1882, ch. 254 (last 21 words of 3d proviso under "Pay Department"), 22 Stat. 118.

In subsection (a), the words "except as provided in section 3786 of this title" are inserted, since, under that revised section, when board proceedings are pending against a commissioned officer, his right to retire under this revised section, which is otherwise absolute, is discretionary with the Secretary under that revised section.

In subsections (a) and (b), the words "or volunteer service, or both" are omitted as obsolete in accordance with an opinion of the Attorney General, 22 Ops. Atty. Gen. 199, August 30, 1898, holding that such words refer to volunteer service in the Civil War. The words "upon his request" are substituted for the words "if he make application therefor to the President".

In subsection (b), the applicability of 10:942 to 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

2018Pub. L. 115–232, §808(b)(12), renumbered section 3924 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 7326" for "section 3926".

Subsec. (b). Pub. L. 115–232, §809(a), substituted "section 7326(a)" for "section 3926(a)".

1980—Subsec. (a). Pub. L. 96–513 substituted "1186" for "3786".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513, effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

§7325. Computation of years of service: voluntary retirement; enlisted members

(a) For the purpose of determining whether an enlisted member of the Army may be retired under section 7314 or 7317 of this title, his years of service are computed by adding all active service in the armed forces and service computed under section 3683 1 of this title.

(b) Time required to be made up under section 972(a) of this title may not be counted in determining years of service under subsection (a).

(Aug. 10, 1956, ch. 1041, 70A Stat. 228, §3925; Pub. L. 85–861, §1(97), Sept. 2, 1958, 72 Stat. 1488; Pub. L. 96–343, §9(a)(2), Sept. 8, 1980, 94 Stat. 1128; Pub. L. 99–348, title II, §202(c), July 1, 1986, 100 Stat. 695; Pub. L. 103–337, div. A, title VI, §635(a)(1), Oct. 5, 1994, 108 Stat. 2788; Pub. L. 104–106, div. A, title V, §561(d)(2)(A), Feb. 10, 1996, 110 Stat. 322; renumbered §7325 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3925(a) 10:947 (proviso).

10:958.

Mar. 2, 1907, ch. 2515, §1 (proviso), 34 Stat. 1218.
3925(b) [No source]. Aug. 10, 1946, ch. 952, §6(b), 60 Stat. 996.

In subsection (a), the words "active service" are 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 sectionSource (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.

References in Text

Section 3683 of this title, referred to in subsec. (a), was repealed (subject to a savings clause) by Pub. L. 99–145, title XIII, §1301(b)(1)(A), (C), Nov. 8, 1985, 99 Stat. 735.

Amendments

2018Pub. L. 115–232, §808(b)(12), renumbered section 3925 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 7314 or 7317" for "section 3914 or 3917".

1996—Subsec. (b). Pub. L. 104–106 substituted "section 972(a)" for "section 972".

1994—Subsec. (a). Pub. L. 103–337, §635(a)(1)(A), struck out "and of computing his retired pay under section 3991 of this title," after "3917 of this title,".

Subsec. (c). Pub. L. 103–337, §635(a)(1)(B), struck out subsec. (c) which read as follows: "In determining a member's years of service under subsection (a) for the purpose of computing the member's retired pay under section 3991 of this title

"(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1/12 of a year; and

"(2) any remaining fractional part of a year shall be disregarded."

1986—Subsec. (c). Pub. L. 99–348 added subsec. (c).

1980Pub. L. 96–343, §9(a)(2)(A), struck out "regular" before "enlisted members" in section catchline.

Subsec. (a). Pub. L. 96–343, §9(a)(2)(B), substituted "an enlisted" for "a regular enlisted".

1958—Subsec. (b). Pub. L. 85–861 substituted "section 972 of this title" for "section 3638 of this title".

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 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 7314 of this title.

1 See References in Text note below.

§7326. Computation of years of service: voluntary retirement; regular and reserve commissioned officers

(a) For the purpose of determining whether an officer of the Army may be retired under section 7311, 7318, or 7324 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 1 of this title; and

(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 7311, 7318, or 7324 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 7311, 7318, or 7324 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 7311 of this title, all service computed under section 3683 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 228, §3926; Pub. L. 86–197, §1(5), Aug. 25, 1959, 73 Stat. 426; Pub. L. 104–106, div. A, title V, §561(d)(2)(B), Feb. 10, 1996, 110 Stat. 322; renumbered §7326 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3926(a)

 

 

 

 

 

 

 

 

 

3926(b)

3926(c)

10:951 (less applicability to 10:166g(a)).

10:951a.

10:951b (less applicability to 10:166g(a)).

[Uncodified: June 18, 1878, ch. 263, §7 (less applicability to 10:166g(a)), 20 Stat. 150].

10:953a (1st sentence).

10:953a (less 1st sentence).

June 3, 1916, ch. 134, §127a (6th par., less 1st 13 words, and less applicability to §108(a) of the Act of Apr. 16, 1949, ch. 38, as amended); added June 4, 1920, ch. 227, subch. I, §51 (6th par., less 1st 13 words, and less applicability to §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 §108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 49 Stat. 377.
  June 18, 1878, ch. 263, §7 (less applicability to §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, §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).

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

Amendments

2018Pub. L. 115–232, §808(b)(12), renumbered section 3926 of this title as this section.

Subsecs. (a) to (c). Pub. L. 115–232, §809(a), substituted "section 7311, 7318, or 7324" for "section 3911, 3918, or 3924" in introductory provisions in subsec. (a) and in subsecs. (b) and (c).

Subsec. (d). Pub. L. 115–232, §809(a), substituted "section 7311" for "section 3911".

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

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

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 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.

1 See References in Text note below.

§7329. Computation of retired pay: law applicable

A member of the Army retired under this chapter is entitled to retired pay computed under chapter 745 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 230, §3929; renumbered §7329 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)

Historical and Revision Notes
Revised sectionSource (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.

Amendments

2018Pub. L. 115–232, §809(a), substituted "chapter 745" for "chapter 371".

Pub. L. 115–232, §808(b)(12), renumbered section 3929 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.