-CITE-
    10 USC CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE       01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
              CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE          

-MISC1-
    Sec.                                                     
    3911.       Twenty years or more: regular or reserve commissioned
                 officers.                                            
    [3912, 3913. Repealed.]                                           
    3914.       Twenty to thirty years: enlisted members.             
    [3915, 3916. Repealed.]                                           
    3917.       Thirty years or more: regular enlisted members.       
    3918.       Thirty years or more: regular commissioned officers.  
    [3919.      Repealed.]                                            
    3920.       More than thirty years: permanent professors and the
                 Director of Admissions of the United States Military
                 Academy.                                             
    3921.       Mandatory retirement: Superintendent of the United
                 States Military Academy; waiver authority.           
    [3922, 3923. Repealed.]                                           
    3924.       Forty years or more: Army officers.                   
    3925.       Computation of years of service: voluntary retirement;
                 enlisted members.                                    
    3926.       Computation of years of service: voluntary retirement;
                 regular and reserve commissioned officers.           
    [3927, 3928. Repealed.]                                           
    3929.       Computation of retired pay: law applicable.           

                                AMENDMENTS                            
      2004 - Pub. L. 108-375, div. A, title V, Sec. 541(c)(1)(B), Oct.
    28, 2004, 118 Stat. 1904, inserted "; waiver authority" after
    "Academy" in item 3921.
      1999 - Pub. L. 106-65, div. A, title V, Sec. 532(a)(4)(A), Oct.
    5, 1999, 113 Stat. 603, added item 3921.
      1996 - Pub. L. 104-106, div. A, title V, Sec. 509(a)(2), Feb. 10,
    1996, 110 Stat. 298, substituted "permanent professors and the
    Director of Admissions of the United States Military Academy" for
    "permanent professors of United States Military Academy" in item
    3920.
      1981 - Pub. L. 97-22, Sec. 10(b)(5), July 10, 1981, 95 Stat. 137,
    struck out item 3922 "Thirty years or five years in grade: regular
    brigadier generals".
      1980 - Pub. L. 96-513, title V, Sec. 502(16), Dec. 12, 1980, 94
    Stat. 2910, struck out item 3913 "Twenty years or more: deferred
    officers not recommended for promotion", item 3916 "Twenty-eight
    years: promotion-list lieutenant colonels", item 3919 "Thirty years
    or more: regular commissioned officers; excessive number", item
    3921 "Thirty years or five years in grade: promotion-list
    colonels", item 3923 "Thirty-five years or five years in grade:
    regular major generals", and item 3927 "Computation of years of
    service: mandatory retirement; regular commissioned officers".
      Pub. L. 96-343, Sec. 9(a)(3), Sept. 8, 1980, 94 Stat. 1128,
    struck out "regular" before "enlisted members" in items 3914 and
    3925.
      1967 - Pub. L. 90-130, Sec. 1(13), Nov. 8, 1967, 81 Stat. 376,
    struck out item 3915 "Twenty-five years: regular majors; Women's
    Army Corps, Army Nurse Corps and Army Medical Specialist Corps".
      1957 - Pub. L. 85-155, title I, Sec. 101(20), title IV, Sec.
    401(3), Aug. 21, 1957, 71 Stat. 380, 390, included the Army Nurse
    Corps and the Army Medical Specialist Corps within item 3915, and
    struck out item 3912 "Twenty years or more: regular commissioned
    officers; Army Nurse Corps and Women's Medical Specialist Corps"
    and item 3928 "Computation of years of service: voluntary
    retirement; regular commissioned officers; Army Nurse Corps and
    Women's Medical Specialist Corps".

-End-



-CITE-
    10 USC Sec. 3911                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3911. Twenty years or more: regular or reserve commissioned
      officers

-STATUTE-
      (a) The Secretary of the Army may, upon the officer's request,
    retire a regular or reserve commissioned officer of the Army who
    has at least 20 years of service computed under section 3926 of
    this title, at least 10 years of which have been active service as
    a commissioned officer.
      (b)(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 6, 2006, and ending on December 31, 2008.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 224; Pub. L. 101-510, div. A,
    title V, Sec. 523(a), Nov. 5, 1990, 104 Stat. 1562; Pub. L. 103-
    160, div. A, title V, Sec. 561(c), Nov. 30, 1993, 107 Stat. 1667;
    Pub. L. 105-261, div. A, title V, Sec. 561(e), Oct. 17, 1998, 112
    Stat. 2025; Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec.
    571(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A-134; Pub. L. 109-163,
    div. A, title V, Sec. 502(a), Jan. 6, 2006, 119 Stat. 3225; Pub. L.
    109-364, div. A, title X, Sec. 1071(a)(27), Oct. 17, 2006, 120
    Stat. 2399.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    3911         10:943a.                      July 31, 1935, ch. 422,  
                                                Sec. 5 (1st 101 words); 
                                                restated June 13, 1940, 
                                                ch. 344, Sec. 3 (1st 45 
                                                words), 54 Stat. 380;   
                                                June 29, 1948, ch. 708, 
                                                Sec. 202 (1st 105       
                                                words), 62 Stat. 1084;  
                                                July 16, 1953, ch. 203, 
                                                67 Stat. 175.           
                 10:971b (1st 100 words).                               
    --------------------------------------------------------------------

      The words "a regular or reserve commissioned officer of the Army"
    are substituted for the words "any officer on the active list of
    the Regular Army * * * or any officer of the reserve components of
    the Army of the United States". The words "Philippine Scouts" are
    omitted as obsolete. The words "has at least 20" are substituted
    for the words "shall have completed not less than twenty". The
    words "upon the officer's request" are substituted for the words
    "upon his own application". The words "service computed under
    section 3926 of this title" are substituted for the words "active
    Federal service in the armed forces of the United States", since
    that revised section makes explicit the service covered.

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

                   TEMPORARY EARLY RETIREMENT AUTHORITY               
      For provisions authorizing the Secretary of the Army, during the
    period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply
    this section to a regular or reserve commissioned officer with at
    least 15 but less than 20 years of service by substituting "at
    least 15 years" for "at least 20 years" in subsec. (a) of this
    section, see section 4403 of Pub. L. 102-484, set out as a note
    under section 1293 of this title.

-End-



-CITE-
    10 USC Sec. 3912                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3912. Repealed.

-MISC1-
    [Sec. 3912. Repealed. Pub. L. 85-155, title IV, Sec. 401(1), Aug.
      21, 1957, 71 Stat. 390].
      Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 225, permitted
    the Secretary of the Army, upon the officer's request, to retire a
    commissioned officer of the Regular Army in the Army Nurse Corps or
    Women's Medical Specialist Corps who has at least 20 years of
    service computed under former section 3928 of this title.

-End-



-CITE-
    10 USC Sec. 3913                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3913. Repealed.

-MISC1-
    [Sec. 3913. Repealed. Pub. L. 96-513, title II, Sec. 217(a), Dec.
      12, 1980, 94 Stat. 2886].
      Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 225; July 12,
    1960, Pub. L. 86-616, Sec. 4, 74 Stat. 390; Nov. 2, 1966, Pub. L.
    89-718, Sec. 3, 80 Stat. 1115, provided for retirement of deferred
    officers not recommended for promotion after twenty years or more
    of service, except as provided in section 8301 of title 5. See
    section 627 et seq. of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-
    513, set out as an Effective Date of 1980 Amendment note under
    section 101 of this title.

-End-



-CITE-
    10 USC Sec. 3914                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3914. Twenty to thirty years: enlisted members

-STATUTE-
      Under regulations to be prescribed by the Secretary of the Army,
    an enlisted member of the Army who has at least 20, but less than
    30, years of service computed under section 3925 of this title may,
    upon his request, be retired.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 225; Pub. L. 85-861, Sec.
    33(a)(25), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96-343, Sec.
    9(a)(1), Sept. 8, 1980, 94 Stat. 1128; Pub. L. 103-337, div. A,
    title V, Sec. 515(a), Oct. 5, 1994, 108 Stat. 2753.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1956 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    3914         10:948 (1st sentence).        Oct. 6, 1945, ch. 393,   
                                                Sec. 4 (1st sentence);  
                                                restated Aug. 10, 1946, 
                                                ch. 952, Sec. 6(a) (1st 
                                                sentence), 60 Stat. 996.
                 10:948a.                                               
                                               Aug. 10, 1946, ch. 952,  
                                                Sec. 7, 60 Stat. 996.   
    --------------------------------------------------------------------

      The words "now or hereafter", in 10:948a, are omitted as
    surplusage. The words "computed under section 3925 of this title"
    are substituted for the words "active Federal service", in 10:948,
    and "active Federal military service", in 10:948a, since that
    revised section makes explicit the service covered. The words "be
    retired" are substituted for the words "will be placed on the
    retired list of", in 10:948. The words "completed a minimum", in
    10:948; and "the period of", "be subject to", "periods of", and
    "now or after August 10, 1946", in 10:948a; are omitted as
    surplusage.

                                 1958 ACT                             
      The change makes clear that the Secretary of the Army is required
    to prescribe regulations in this case, and conforms this section to
    section 8914, its Air Force counterpart.

                                AMENDMENTS                            
      1994 - Pub. L. 103-337 struck out at end "A regular enlisted
    member then becomes a member of the Army Reserve. A member retired
    under this section shall perform such active duty as may be
    prescribed by law until his service computed under section 3925 of
    this title, plus his inactive service as a member of the Army
    Reserve, equals 30 years."
      1980 - Pub. L. 96-343 struck out "regular" before "enlisted
    members" in section catchline and substituted in section "an
    enlisted member" for "a regular enlisted member", "A regular
    enlisted member" for "He", and "Army Reserve. A member retired
    under this section" for "Army Reserve, and".
      1958 - Pub. L. 85-861 substituted "regulations to be prescribed"
    for "regulations prescribed".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 9(c) of Pub. L. 96-343 provided that: "The amendments
    made by this section [amending this section and sections 3925,
    8914, and 8925 of this title] shall apply with respect to retired
    pay payable for months beginning after the date of the enactment of
    this Act [Sept. 8, 1980]."

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section
    33(g) of Pub. L. 85-861, set out as a note under section 101 of
    this title.

                   TEMPORARY EARLY RETIREMENT AUTHORITY               
      For provisions authorizing the Secretary of the Army, during the
    period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply
    this section to an enlisted member with at least 15 but less than
    20 years of service by substituting "at least 15" for "at least
    20", see section 4403 of Pub. L. 102-484, set out as a note under
    section 1293 of this title.

            DOUBLE CREDITS FOR FOREIGN SERVICE BY ENLISTED MEN        
      Acts May 26, 1900, ch. 586, 31 Stat. 209; Mar. 2, 1903, ch. 975,
    32 Stat. 933; Apr. 23, 1904, ch. 1485, 33 Stat. 264; Aug. 24, 1912,
    ch. 391, Sec. 1, 37 Stat. 575; May 17, 1932, ch. 190, 47 Stat. 158,
    provided that: "In computing length of service for retirement,
    credit shall be given soldiers for double the time of their actual
    service in China, Puerto Rico, Cuba, the Philippine Islands, the
    Island of Guam, Alaska, and Panama, but double credit shall not be
    given for service rendered subsequent to April 23, 1904, in Puerto
    Rico or the Territory of Hawaii, nor shall credit for double time
    for foreign service be given to those who enlisted after August 24,
    1912: Provided, That nothing herein shall be so construed as to
    forfeit credit for double time accrued prior to August 24, 1912."

-End-



-CITE-
    10 USC Sec. 3915                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3915. Repealed.

-MISC1-
    [Sec. 3915. Repealed. Pub. L. 90-130, Sec. 1(13), Nov. 8, 1967, 81
      Stat. 376].
      Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 225; Aug. 21,
    1967, Pub. L. 85-155, title I, Sec. 101(19), 71 Stat. 379; Sept.
    30, 1966, Pub. L. 89-609, Sec. 1(5), 80 Stat. 852; Nov. 2, 1966,
    Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided for retirement
    after 25 years' service of regular majors in Women's Army Corps,
    Army Nurse Corps, and Army Medical Specialist Corps.

-End-



-CITE-
    10 USC Sec. 3916                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3916. Repealed.

-MISC1-
    [Sec. 3916. Repealed. Pub. L. 96-513, title II, Sec. 217(a), Dec.
      12, 1980, 94 Stat. 2886].
      Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 226; Aug. 21,
    1957, Pub. L. 85-155, title I, Sec. 101(21), 71 Stat. 380; Nov. 2,
    1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115; Oct. 20, 1978, Pub. L.
    95-485, title VIII, Sec. 820(i), 92 Stat. 1628, provided for
    retirement of a promotion-list lieutenant colonel, except as
    provided by section 8301 of title 5, on 30th day after he completes
    28 years of service, with authority for Secretary of the Army to
    defer retirement in certain cases. See section 633 of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-
    513, set out as an Effective Date of 1980 Amendment note under
    section 101 of this title.

-End-



-CITE-
    10 USC Sec. 3917                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

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

-STATUTE-
      A regular enlisted member of the Army who has at least 30 years
    of service computed under section 3925 of this title shall be
    retired upon his request.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    3917         10:947 (less proviso).        Mar. 2, 1907, ch. 2515,  
                                                Sec. 1 (1st 35 words),  
                                                34 Stat. 1217.          
                 10:947a (less last 11                                  
                  words).                                               
                                               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.

-End-



-CITE-
    10 USC Sec. 3918                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

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

-STATUTE-
      A regular commissioned officer of the Army who has at least 30
    years of service computed under section 3926 of this title may be
    retired upon his request, in the discretion of the President.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    3918         10:943.                       R.S. 1243; Dec. 16,      
                                                1930, ch. 14, Sec. 1 (as
                                                applicable to R.S.      
                                                1243), 46 Stat. 1028.   
    --------------------------------------------------------------------

      The word "commissioned" is inserted, since the retirement of
    warrant officers for length of service is covered by section 1293
    of this title. The word "regular" is inserted, since 10:943 is
    applicable historically only to officers of the Regular Army. The
    words "and placed on the retired list" are omitted as surplusage.
    The words "computed under section 3926 of this title" are inserted
    for clarity.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of the President under this section to approve the
    request of a regular commissioned officer of the Army to retire
    after at least 30 years of service delegated to the Secretary of
    Defense to perform, without approval, ratification, or other action
    of the President, and with authority for the Secretary to
    redelegate, see Ex. Ord. No. 12396, Secs. 1(f), 3, Dec. 9, 1982, 47
    F.R. 55897, 55898, set out as a note under section 301 of Title 3,
    The President.

-End-



-CITE-
    10 USC Sec. 3919                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3919. Repealed.

-MISC1-
    [Sec. 3919. Repealed. Pub. L. 96-513, title II, Sec. 217(a), Dec.
      12, 1980, 94 Stat. 2886].
      Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 226, authorized
    Secretary of the Army, when he determined that there were too many
    commissioned officers on active list of Regular Army in any grade
    who have at least 30 years of service, to convene a board of at
    least five general officers of Regular Army to make recommendations
    for retirement and to retire any officer so recommended.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-
    513, set out as an Effective Date of 1980 Amendment note under
    section 101 of this title.

-End-



-CITE-
    10 USC Sec. 3920                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3920. More than thirty years: permanent professors and the
      Director of Admissions of the United States Military Academy

-STATUTE-
      (a) The Secretary of the Army may retire an officer specified in
    subsection (b) who has more than 30 years of service as a
    commissioned officer.
      (b) Subsection (a) applies in the case of the following officers:
        (1) Any permanent professor of the United States Military
      Academy.
        (2) The Director of Admissions of the United States Military
      Academy.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 226; Pub. L. 104-106, div. A,
    title V, Sec. 509(a)(1), Feb. 10, 1996, 110 Stat. 297.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    3920         10:1079a(c) (proviso).        Aug. 7, 1947, ch. 512,   
                                                Sec. 520(c) (proviso),  
                                                61 Stat. 912.           
    --------------------------------------------------------------------

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

                                AMENDMENTS                            
      1996 - Pub. L. 104-106 substituted "permanent professors and the
    Director of Admissions of the United States Military Academy" for
    "permanent professors of United States Military Academy" in section
    catchline and amended text generally. Prior to amendment, text read
    as follows: "The Secretary of the Army may retire any permanent
    professor of the United States Military Academy who has more than
    30 years of service as a commissioned officer."

-End-



-CITE-
    10 USC Sec. 3921                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3921. Mandatory retirement: Superintendent of the United
      States Military Academy; waiver authority

-STATUTE-
      (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.

-SOURCE-
    (Added Pub. L. 106-65, div. A, title V, Sec. 532(a)(1)(A), Oct. 5,
    1999, 113 Stat. 602; amended Pub. L. 108-375, div. A, title V, Sec.
    541(a)(1), (c)(1)(A), Oct. 28, 2004, 118 Stat. 1902, 1903.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3921, acts Aug. 10, 1956, ch. 1041, 70A Stat.
    226; Nov. 2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided
    for retirement of a promotion-list colonel, except as provided by
    section 8301 of title 5, on the 30th day after he completes 30
    years of service or the 5th anniversary of the date of his
    appointment in that regular grade, whichever is later, with
    authority for the Secretary of the Army to defer retirement in
    certain cases, prior to repeal by Pub. L. 96-513, title II, Sec.
    217(a), title VII, Sec. 701, Dec. 12, 1980, 94 Stat. 2886, 2955,
    effective Sept. 15, 1981. See section 634 of this title.

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

      APPLICATION OF SECTION TO SUPERINTENDENTS SERVING ON OCTOBER 5,
                                   1999
      Pub. L. 106-65, div. A, title V, Sec. 532(a)(5), Oct. 5, 1999,
    113 Stat. 604, provided that: "The amendments made by this
    subsection [enacting this section and sections 4333a, 6371, 6951a,
    8921, and 9333a of this title] shall not apply to an officer
    serving on the date of the enactment of this Act [Oct. 5, 1999] in
    the position of Superintendent of the United States Military
    Academy, Superintendent of the United States Naval Academy, or
    Superintendent of the United States Air Force Academy for so long
    as that officer continues on and after that date to serve in that
    position without a break in service."

-End-



-CITE-
    10 USC Secs. 3922, 3923                                     01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Secs. 3922, 3923. Repealed.

-MISC1-
    [Secs. 3922, 3923. Repealed. Pub. L. 96-513, title II, Sec. 217(a),
      Dec. 12, 1980, 94 Stat. 2886].
      Section 3922, acts Aug. 10, 1956, ch. 1041, 70A Stat. 227; Nov.
    2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided for
    retirement of a regular grade brigadier general, other than a
    professor of the United States Military Academy, except as provided
    by section 8301 of title 5, on the 30th day after he completes 30
    years of service or the 5th anniversary of the date of his
    appointment in that regular grade, whichever is later, with
    authority for the Secretary of the Army to defer retirement in
    certain cases. See section 635 of this title.
      Section 3923, acts Aug. 10, 1956, ch. 1041, 70A Stat. 227; Nov.
    2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided for
    retirement of a regular grade major general, except as provided by
    section 8301 of title 5, on the 30th day after he completes 35
    years of service or the 5th anniversary of his appointment in that
    regular grade, whichever is later, with authority for the Secretary
    of the Army to defer retirement in certain cases. See section 636
    of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-
    513, set out as an Effective Date of 1980 Amendment note under
    section 101 of this title.

-End-



-CITE-
    10 USC Sec. 3924                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3924. Forty years or more: Army officers

-STATUTE-
      (a) Except as provided in section 1186 of this title, a
    commissioned officer of the Army who has at least 40 years of
    service computed under section 3926 of this title shall be retired
    upon his request.
      (b) Any warrant officer of the Army who has at least 40 years of
    service computed under section 3926(a) of this title shall be
    retired upon his request.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 227; Pub. L. 96-513, title V,
    Sec. 502(17), Dec. 12, 1980, 94 Stat. 2910.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    3924(a)      10:942 (as applicable to      June 30, 1882, ch. 254   
                  commissioned officers).       (last 21 words of 3d    
                                                proviso under "Pay      
                                                Department"), 22 Stat.  
                                                118.                    
                                                                        
                                                                        
    3924(b)                                                             
                 10:942 (less                                           
                  applicability to                                      
                  commissioned officers).                               
    --------------------------------------------------------------------

      In subsection (a), the words "except as provided in section 3786
    of this title" are inserted, since, under that revised section,
    when board proceedings are pending against a commissioned officer,
    his right to retire under this revised section, which is otherwise
    absolute, is discretionary with the Secretary under that revised
    section.
      In subsections (a) and (b), the words "or volunteer service, or
    both" are omitted as obsolete in accordance with an opinion of the
    Attorney General, 22 Ops. Atty. Gen. 199, August 30, 1898, holding
    that such words refer to volunteer service in the Civil War. The
    words "upon his request" are substituted for the words "if he make
    application therefor to the President".
      In subsection (b), the applicability of 10:942 to warrant
    officers is based on an opinion of the Judge Advocate General of
    the Army (JAGA 1950/6951, 4 Jan. 1951), which holds that 10:594
    (less provisos) makes 10:942 applicable to warrant officers.

                                AMENDMENTS                            
      1980 - Subsec. (a). Pub. L. 96-513 substituted "1186" for "3786".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-513, effective Sept. 15, 1981, see
    section 701 of Pub. L. 96-513, set out as a note under section 101
    of this title.

-End-



-CITE-
    10 USC Sec. 3925                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3925. Computation of years of service: voluntary retirement;
      enlisted members

-STATUTE-
      (a) For the purpose of determining whether an enlisted member of
    the Army may be retired under section 3914 or 3917 of this title,
    his years of service are computed by adding all active service in
    the armed forces and service computed under section 3683 (!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).

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 228; Pub. L. 85-861, Sec.
    1(97), Sept. 2, 1958, 72 Stat. 1488; Pub. L. 96-343, Sec. 9(a)(2),
    Sept. 8, 1980, 94 Stat. 1128; Pub. L. 99-348, title II, Sec.
    202(c), July 1, 1986, 100 Stat. 695; Pub. L. 103-337, div. A, title
    VI, Sec. 635(a)(1), Oct. 5, 1994, 108 Stat. 2788; Pub. L. 104-106,
    div. A, title V, Sec. 561(d)(2)(A), Feb. 10, 1996, 110 Stat. 322.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1956 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    3925(a)      10:947 (proviso).             Mar. 2, 1907, ch. 2515,  
                                                Sec. 1 (proviso), 34    
                                                Stat. 1218.             
                 10:958.                                                
    3925(b)      [No source].                  Aug. 10, 1946, ch. 952,  
                                                Sec. 6(b), 60 Stat. 996.
    --------------------------------------------------------------------

      In subsection (a), the words "active service" are substituted for
    the word "service", in 10:947, and "active Federal service
    performed", in 10:958, for uniformity. The words "service computed
    under section 3683 of this title" are inserted, since a person
    entitled to count service under that revised section might cease to
    be a nurse or woman medical specialist and thereafter become
    entitled to retire under one of the revised sections referred to in
    subsection (a) of this revised section.
      Subsection (b) is inserted because of section 3638 of this title
    and in accordance with long-standing interpretation of the effect
    of 10:629 upon the computation of years of service for retirement.



                                 1958 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    3925         [No source].                  [No source].             
    --------------------------------------------------------------------

      The amendment reflects the repeal of section 3638 of this title
    and the enactment of a similar provision in section 972 of this
    title.

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


-MISC2-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-106 substituted "section 972(a)"
    for "section 972".
      1994 - Subsec. (a). Pub. L. 103-337, Sec. 635(a)(1)(A), struck
    out "and of computing his retired pay under section 3991 of this
    title," after "3917 of this title,".
      Subsec. (c). Pub. L. 103-337, Sec. 635(a)(1)(B), struck out
    subsec. (c) which read as follows: "In determining a member's years
    of service under subsection (a) for the purpose of computing the
    member's retired pay under section 3991 of this title - 
        "(1) each full month of service that is in addition to the
      number of full years of service creditable to the member shall be
      credited as  1/12  of a year; and
        "(2) any remaining fractional part of a year shall be
      disregarded."
      1986 - Subsec. (c). Pub. L. 99-348 added subsec. (c).
      1980 - Pub. L. 96-343, Sec. 9(a)(2)(A), struck out "regular"
    before "enlisted members" in section catchline.
      Subsec. (a). Pub. L. 96-343, Sec. 9(a)(2)(B), substituted "an
    enlisted" for "a regular enlisted".
      1958 - Subsec. (b). Pub. L. 85-861 substituted "section 972 of
    this title" for "section 3638 of this title".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-106 effective Feb. 10, 1996, and
    applicable to any period of time covered by section 972 of this
    title that occurs after that date, see section 561(e) of Pub. L.
    104-106, set out as a note under section 972 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-337 applicable to computation of retired
    pay of any enlisted member who retires on or after Oct. 5, 1994, to
    computation of retainer pay of any enlisted member who is
    transferred to Fleet Reserve or Fleet Marine Corps Reserve on or
    after Oct. 5, 1994, and to recomputation of retired pay of any
    enlisted member who is advanced on retired list on or after Oct. 5,
    1994, see section 635(e) of Pub. L. 103-337, set out as a note
    under section 1405 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-343 effective with respect to retired pay
    payable for months beginning after Sept. 8, 1980, see section 9(c)
    of Pub. L. 96-343, set out as a note under section 3914 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    10 USC Sec. 3926                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3926. Computation of years of service: voluntary retirement;
      regular and reserve commissioned officers

-STATUTE-
      (a) For the purpose of determining whether an officer of the Army
    may be retired under section 3911, 3918, or 3924 of this title, his
    years of service are computed by adding - 
        (1) all active service performed as a member of the Army or the
      Air Force;
        (2) all service in the Navy or Marine Corps that may be
      included in determining the eligibility of an officer of the Navy
      or Marine Corps for retirement;
        (3) all service computed under section 3683 (!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 3911, 3918, or 3924 of this title, his years of service are
    computed by adding to his service under subsection (a) all service
    performed as a contract surgeon, acting assistant surgeon, or
    contract physician, under a contract to serve full time and to take
    and change station as ordered.
      (c) For the purpose of determining whether a commissioned officer
    of the Regular Army in the Dental Corps may be retired under
    section 3911, 3918, or 3924 of this title, his years of service are
    computed by adding to his service under subsection (a) all service
    as a contract dental surgeon or acting dental surgeon.
      (d) For the purpose of determining whether a commissioned officer
    of the Army Nurse Corps or the Army Medical Specialist Corps may be
    retired under section 3911 of this title, all service computed
    under section 3683 (!1) of this title shall be treated as if it
    were service as a commissioned officer.
      (e) Section 972(b) of this title excludes from computation of an
    officer's years of service for purposes of this section any time
    identified with respect to that officer under that section.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 228; Pub. L. 86-197, Sec. 1(5),
    Aug. 25, 1959, 73 Stat. 426; Pub. L. 104-106, div. A, title V, Sec.
    561(d)(2)(B), Feb. 10, 1996, 110 Stat. 322.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    3926(a)      10:951 (less                  June 3, 1916, ch. 134,   
                  applicability to              Sec. 127a (6th par.,    
                  10:166g(a)).                  less 1st 13 words, and  
                                                less applicability to   
                                                Sec. 108(a) of the Act  
                                                of Apr. 16, 1949, ch.   
                                                38, as amended); added  
                                                June 4, 1920, ch. 227,  
                                                subch. I, Sec. 51 (6th  
                                                par., less 1st 13 words,
                                                and less applicability  
                                                to Sec. 108(a) of the   
                                                Act of Apr. 16, 1949,   
                                                ch. 38, as amended), 41 
                                                Stat. 785.              
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
    3926(b)                                                             
    3926(c)                                                             
                 10:951a.                                               
                 10:951b (less                                          
                  applicability to                                      
                  10:166g(a)).                                          
                 [Uncodified: June 18,                                  
                  1878, ch. 263, Sec. 7                                 
                  (less applicability to                                
                  10:166g(a)), 20 Stat.                                 
                  150].                                                 
                 10:953a (1st sentence).                                
                 10:953a (less 1st                                      
                  sentence).                                            
                                               May 23, 1928, ch. 716,   
                                                45 Stat. 720.           
                                               June 15, 1935, ch. 257   
                                                (less applicability to  
                                                Sec. 108(a) of the Act  
                                                of Apr. 16, 1949, ch.   
                                                38, as amended), 49     
                                                Stat. 377.              
                                               June 18, 1878, ch. 263,  
                                                Sec. 7 (less            
                                                applicability to Sec.   
                                                108(a) of the Act of    
                                                Apr. 16, 1949, ch. 38,  
                                                as amended), 20 Stat.   
                                                150.                    
                                               May 29, 1928, ch. 902,   
                                                45 Stat. 996; Jan. 29,  
                                                1938, ch. 12, Sec. 2, 52
                                                Stat. 8.                
    --------------------------------------------------------------------

      Subsection (a) consolidates the various service computation
    provisions applicable to voluntary retirement of commissioned
    officers. Clause (1) is substituted for 10:951. Clause (2) is
    substituted for 10:951b. The words "pay period and", in 10:951a,
    are omitted as superseded by section 202 of the Career Compensation
    Act of 1949, 63 Stat. 807 (37 U.S.C. 233). The words "longevity pay
    and", in section 7 of the act of June 18, 1878, ch. 263, 20 Stat.
    150, are omitted for the same reason. The last sentence of section
    7 of that act is omitted, since the distinction between limited and
    unlimited retired lists was abolished by section 201 of the act of
    June 29, 1948, ch. 708, 62 Stat. 1084. Clause (3) is inserted,
    since a person entitled to count service under section 3683 of this
    title might cease to be a nurse or woman medical specialist and
    thereafter become entitled to retire under one of the revised
    sections referred to in subsection (a) of this revised section.
      In subsection (b), the words "as a member of the Medical Reserve
    Corps", in 10:953a, are omitted as covered by subsection (a)(1).
    The words "are computed by adding to his service under subsection
    (a)" are substituted for the words "shall be credited to the same
    extent as service under a Regular Army commission".
      Subsection (c) is substituted for 10:953a (less 1st sentence).

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3683 of this title, referred to in subsecs. (a)(3) and
    (d), was repealed (subject to a savings clause) by Pub. L. 99-145,
    title XIII, Sec. 1301(b)(1)(A), (C), Nov. 8, 1985, 99 Stat. 735.


-MISC2-
                                AMENDMENTS                            
      1996 - Subsec. (e). Pub. L. 104-106 added subsec. (e).
      1959 - Subsec. (d). Pub. L. 86-197 added subsec. (d).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-106 effective Feb. 10, 1996, and
    applicable to any period of time covered by section 972 of this
    title that occurs after that date, see section 561(e) of Pub. L.
    104-106, set out as a note under section 972 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    10 USC Sec. 3927                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3927. Repealed.

-MISC1-
    [Sec. 3927. Repealed. Pub. L. 96-513, title II, Sec. 217(a), Dec.
      12, 1980, 94 Stat. 2886].
      Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 228; Aug. 21,
    1957, Pub. L. 85-155, title I, Sec. 101(22), 71 Stat. 380; May 20,
    1958, Pub. L. 85-422, Sec. 11(a)(4), 72 Stat. 131; Sept. 2, 1958,
    Pub. L. 85-861, Sec. 1(98), 72 Stat. 1488, related to computation
    of years of service for determining whether a regular commissioned
    officer should be retired under section 3913, 3915, 3916, 3919,
    3921, 3922, or 3923 of this title and for determining the retired
    pay of officers of the Regular Army retired under section 3913,
    3915, 3916, 3919, 3921, 3922, or 3923 of this title. See section
    1405 of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-
    513, set out as an Effective Date of 1980 Amendment note under
    section 101 of this title.

-End-



-CITE-
    10 USC Sec. 3928                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3928. Repealed.

-MISC1-
    [Sec. 3928. Repealed. Pub. L. 85-155, title IV, Sec. 401(1), Aug.
      21, 1957, 71 Stat. 390].
      Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 229, related to
    computation of years of service of commissioned officers of the
    Army Nurse Corps or Women's Medical Specialist Corps for the
    purposes of retirement under former section 3912 of this title, or
    retirement pay under section 3991 of this title.

-End-



-CITE-
    10 USC Sec. 3929                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle B - Army
    PART II - PERSONNEL
    CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE

-HEAD-
    Sec. 3929. Computation of retired pay: law applicable

-STATUTE-
      A member of the Army retired under this chapter is entitled to
    retired pay computed under chapter 371 of this title.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             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.

-End-