-CITE-
    10 USC CHAPTER 571 - VOLUNTARY RETIREMENT                   01/03/2007

-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 Navy 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                            
      2006 - Pub. L. 109-163, div. A, title V, Sec. 515(b)(4)(B), Jan.
    6, 2006, 119 Stat. 3235, substituted "Navy Reserve" for "Naval
    Reserve" in item 6327.
      1996 - Pub. L. 104-201, div. A, title V, 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.

-End-



-CITE-
    10 USC Sec. 6321                                            01/03/2007

-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                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             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. 228,   
                  applicability to enlisted     Sec. 3 (3d proviso, less
                  men).                         applicability to        
                                                enlisted men), 41 Stat. 
                                                835.                    
                 34 U.S.C. 626-1(a) (1st       Aug. 7, 1947, ch. 512,   
                  sentence).                    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.

-End-



-CITE-
    10 USC Sec. 6322                                            01/03/2007

-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         Source (U.S. Code)           Source (Statutes at   
     section                                             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. 228,   
                  applicability to enlisted     Sec. 3 (3d proviso, less
                  men).                         applicability to        
                                                enlisted men), 41 Stat. 
                                                835.                    
                 34 U.S.C. 626-1(a) (1st       Aug. 7, 1947, ch. 512,   
                  sentence).                    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.

-End-



-CITE-
    10 USC Sec. 6323                                            01/03/2007

-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)(A) The Secretary of Defense may authorize the Secretary of
    the Navy, during the period specified in subparagraph (B), 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) The period specified in this subparagraph is the period
    beginning on January 6, 2006, and ending on December 31, 2008.
      (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 Navy 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,
    Secs. 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; Pub. L. 109-163, div. A, title V, Secs. 502(b),
    515(b)(1)(H), Jan. 6, 2006, 119 Stat. 3225, 3233; Pub. L. 109-364,
    div. A, title X, Sec. 1071(a)(33), Oct. 17, 2006, 120 Stat. 2400.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1956 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    6323(a),     34 U.S.C. 410b.               Feb. 21, 1946, ch. 34,   
     (b)                                        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         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    6323(a),     34 App.:410b.                 Aug. 4, 1955, ch. 553,   
     (b)                                        Sec. 1, 69 Stat. 493;   
                                                Aug. 9, 1955, ch. 678,  
                                                Sec. 1(a), (b), 69 Stat.
                                                614.                    
    6323(c),     [No source].                  [No source].             
     (e)                                                                
    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                            
      2006 - Subsec. (a)(2). Pub. L. 109-364 struck out second comma
    after "subparagraph (B)" in subpar. (A) and substituted "January 6,
    2006," for "the date of the enactment of the National Defense
    Authorization Act for Fiscal Year 2006" in subpar. (B).
      Pub. L. 109-163, Sec. 502(b), designated existing provisions as
    subpar. (A), substituted "during the period specified in
    subparagraph (B)," for "during the period beginning on October 1,
    1990, and ending on December 31, 2001", and added subpar. (B).
      Subsec. (f). Pub. L. 109-163, Sec. 515(b)(1)(H), substituted
    "Navy Reserve" for "Naval Reserve".
      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, Secs. 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.


-MISC3-
                   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.

-End-



-CITE-
    10 USC Sec. 6324                                            01/03/2007

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

-End-



-CITE-
    10 USC Sec. 6325                                            01/03/2007

-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 (!1)
    (as in effect before February 1, 1992) or section 5721 of this
    title - 

        (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, Secs. 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         Source (U.S. Code)           Source (Statutes at   
     section                                             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) (1st       Aug. 7, 1947, ch. 512,   
                  sentence).                    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  
                  sentence as applicable to     as applicable to grade).
                  grade).                                               
                 34 U.S.C. 410c(a) (as         Feb. 21, 1946, ch. 34,   
                  applicable to retired pay     Sec. 7(a) (as applicable
                  of officers retired under     to retired pay of       
                  34 U.S.C. 410b).              officers retired 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), (g).       June 12, 1948, ch. 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. 249,   
                  applicable to officers        Sec. 14(f), 68 Stat. 163
                  retired under 34 U.S.C.       (as applicable to       
                  381, 34 U.S.C. 383, and       officers retired under  
                  34 U.S.C. 410b).              R.S. 1443, 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 Secs. 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         Source (U.S. Code)           Source (Statutes at   
     section                                             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.

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


-End-



-CITE-
    10 USC Sec. 6326                                            01/03/2007

-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         Source (U.S. Code)           Source (Statutes at   
     section                                             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. 228,   
                  applicable to enlisted        Sec. 3 (3d proviso as   
                  men).                         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) (less       July 24, 1941, ch. 320,  
                  provisos).                    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.

-End-



-CITE-
    10 USC Sec. 6327                                            01/03/2007

-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 Navy Reserve and
      Marine Corps Reserve: 30 years; 20 years; retired pay

-STATUTE-
      (a) A member of the Navy 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
    Navy 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; Pub. L. 109-163, div. A, title V, Sec.
    515(b)(1)(I), (3)(B), Jan. 6, 2006, 119 Stat. 3233, 3234.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    6327         50 U.S.C. 1052(a), (b),       July 9, 1952, ch. 608,   
                  (d), (e), (f).                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                            
      2006 - Pub. L. 109-163, Sec. 515(b)(3)(B), substituted "Navy
    Reserve" for "Naval Reserve" in section catchline.
      Subsecs. (a), (c). Pub. L. 109-163, Sec. 515(b)(1)(I),
    substituted "Navy Reserve" for "Naval Reserve".
      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.

-End-



-CITE-
    10 USC Sec. 6328                                            01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 6329                                            01/03/2007

-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         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    6329         34 U.S.C. 385.                R.S. 1456.               
                 34 U.S.C. 626-1(a) (1st       Aug. 7, 1947, ch. 512,   
                  sentence).                    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).

-End-



-CITE-
    10 USC Sec. 6330                                            01/03/2007

-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 Navy 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; Pub. L. 109-163, div. A,
    title V, Sec. 515(b)(1)(J), Jan. 6, 2006, 119 Stat. 3233.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    6330         34 U.S.C. 854 (less           June 25, 1938, ch. 690,  
                  proviso).                     Sec. 201 (less proviso),
                                                52 Stat. 1178.          
                 34 U.S.C. 854 (note).         July 9, 1952, ch. 608,   
                                                Sec. 803 (2d sentence of
                                                1st par.), 66 Stat. 505.
                 34 U.S.C. 854c (less 4th,     June 25, 1938, ch. 690,  
                  5th, 6th (as applicable       Sec. 204 (less 4th, 5th,
                  to 34 U.S.C. 854b) and        6th (as applicable to   
                  7th provisos).                Sec. 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. 690,  
                  provisos).                    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                            
      2006 - Subsec. (b). Pub. L. 109-163 substituted "Navy Reserve"
    for "Naval Reserve".
      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]."

-End-



-CITE-
    10 USC Sec. 6331                                            01/03/2007

-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 Navy 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; Pub. L. 109-163, div. A, title V,
    Sec. 515(b)(1)(K), Jan. 6, 2006, 119 Stat. 3233.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    6331         34 U.S.C. 854c (4th           June 25, 1938, ch. 690,  
                  proviso).                     Sec. 204 (4th proviso), 
                                                52 Stat. 1179; Aug. 10, 
                                                1946, ch. 952, Sec. 2,  
                                                60 Stat. 993.           
                 34 U.S.C. 854e (2d and        June 25, 1938, ch. 690,  
                  4th provisos).                Sec. 206 (2d and 4th    
                                                provisos), 52 Stat.     
                                                1179; Apr. 25, 1940, ch.
                                                153, 54 Stat. 162.      
                 34 U.S.C. 854 (note).         July 9, 1952, ch. 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                            
      2006 - Subsec. (a)(2). Pub. L. 109-163 substituted "Navy Reserve"
    for "Naval Reserve".
      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.

-End-



-CITE-
    10 USC Sec. 6332                                            01/03/2007

-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         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    6332         34 U.S.C. 854a (provisos).    June 25, 1938, ch. 690,  
                                                Sec. 202 (provisos), 52 
                                                Stat. 1178.             
                 34 U.S.C. 854 (note).         July 9, 1952, ch. 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.

-End-



-CITE-
    10 USC Sec. 6333                                            01/03/2007

-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 6970 or 6383 of
    this title is computed in accordance with the following table.


     Formula      For             Column 1                 Column 2       
                sections            Take                 Multiply by      
    --------------------------------------------------------------------
        A       6325(a)   Retired pay base         75 percent.            
                         computed under section                         
                         1406(d) or 1407                                
                6326                                                    
        B        6323    Retired pay base         Retired pay multiplier 
                         computed under section   prescribed under      
                         1406(d) or 1407          section 1409 for the  
                                                  years of service that 
                                                  may be credited to him
                                                  under section 1405.   
               6325(b)                                                   
                6970                                                    
                6383                                                    
        C        6330    Retainer pay base        Retainer pay           
                         computed under section   multiplier prescribed 
                         1406(d) or 1407          under section 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; Pub. L. 109-163, div. A, title V, Sec. 509(d)(2), Jan. 6,
    2006, 119 Stat. 3231.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-163 inserted "6970 or" after
    "section" in text and "6970" below "6325(b)" in Formula B under
    "For sections" column in table.
      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.

-End-



-CITE-
    10 USC Sec. 6334                                            01/03/2007

-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 section      multiplier prescribed  
                     1406(d) or 1407 of this     in section 1409 of this
                     title                       title for the number of
                                                 years creditable for   
                                                 his retainer or retired
                                                 pay at the time of     
                                                 retirement.(!1)        
               B    Retired pay base as         The retired pay         
                     computed under section      multiplier prescribed  
                     1406(d) of this title       in section 1409 of this
                                                 title for the number of
                                                 years credited to him  
                                                 under section 1405 of  
                                                 this title.            

      (!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".

-End-



-CITE-
    10 USC Sec. 6335                                            01/03/2007

-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.)

-End-



-CITE-
    10 USC Sec. 6336                                            01/03/2007

-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 Navy 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
    Navy 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; amended Pub. L. 109-163, div. A, title V,
    Sec. 515(b)(1)(L), Jan. 6, 2006, 119 Stat. 3233.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsecs. (a), (c). Pub. L. 109-163 substituted "Navy
    Reserve" for "Naval Reserve".

-End-