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10 U.S.C. § 7283 (ARMED FORCES)
§ 7283. Civil War battle streamers
If, under regulations prescribed by the Secretary of the Army, it is determined that a regiment or other unit of the Army is entitled to that honor, the regiment or unit may carry any appropriate Civil War battle streamer with its colors or standards.
(Aug. 10, 1956, ch. 1041, 70A Stat. 218, § 3753; renumbered § 7283, Pub. L. 115–232, div. A, title VIII, § 808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3753
[Uncodified].
Mar. 9, 1948, ch. 104, 62 Stat. 71.
The words “it is determined” are substituted for the words “upon verification in the War Department that it is entitled to such honors”.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 3753 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7284 (ARMED FORCES)
§ 7284. Medal of honor: duplicate medal
A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal of honor with ribbons and appurtenances. Such duplicate medal of honor shall be marked, in such manner as the Secretary of the Army may determine, as a duplicate or for display purposes only.
(Added Pub. L. 107–107, div. A, title V, § 553(a)(1)(A), Dec. 28, 2001, 115 Stat. 1115, § 3754; renumbered § 7284, Pub. L. 115–232, div. A, title VIII, § 808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 3754 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7285 (ARMED FORCES)
§ 7285. Medal of honor: presentation of Medal of Honor Flag
The President shall provide for the presentation of the Medal of Honor Flag designated under section 903 of title 36 to each person to whom a medal of honor is awarded under section 7271 of this title. Presentation of the flag shall be made at the same time as the presentation of the medal under section 7271 or 7282(a) of this title. In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.
(Added Pub. L. 107–248, title VIII, § 8143(c)(1)(A), Oct. 23, 2002, 116 Stat. 1570, § 3755; amended Pub. L. 107–314, div. A, title X, § 1062(a)(16), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–364, div. A, title V, § 555(a), Oct. 17, 2006, 120 Stat. 2217; renumbered § 7285 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)
heading: Amendments
text: 2018—Pub. L. 115–232, § 809(a), substituted “section 7271” for “section 3741” and “section 7271 or 7282(a)” for “section 3741 or 3752(a)”.
Pub. L. 115–232, § 808(b)(11), renumbered section 3755 of this title as this section.
2006—Pub. L. 109–364 struck out “after October 23, 2002” after “section 3741 of this title” and inserted at end “In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.”
2002—Pub. L. 107–314 substituted “October 23, 2002” for “the date of the enactment of this section”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Presentation of Flag for Prior Recipients of Medal of Honor
text: Pub. L. 109–364, div. A, title V, § 555(b), Oct. 17, 2006, 120 Stat. 2217, provided that:
“(1) Living recipients.—
The President shall provide for the presentation of the Medal of Honor Flag as expeditiously as possible after the date of the enactment of this Act [Oct. 17, 2006] to each living recipient of the Medal of Honor who has not already received a Medal of Honor Flag.
“(2) Survivors of deceased recipients.—
In the case of presentation of the Medal of Honor Flag for a recipient of the Medal of Honor who was awarded the Medal of Honor before the date of the enactment of this Act [Oct. 17, 2006] and who is deceased as of such date (or who dies after such date and before the presentation required by paragraph (1)), the President shall provide for posthumous presentation of the Medal of Honor Flag, upon written application therefor, to the primary living next of kin, as determined under regulations or procedures prescribed by the Secretary of Defense for the purposes of this paragraph (and notwithstanding the amendments made by paragraph (2) of subsection (a) [amending this section]).
“(3) Medal of honor flag.—
In this subsection, the term ‘Medal of Honor Flag’ means the flag designated under section 903 of title 36, United States Code.”
10 U.S.C. § 7317 (ARMED FORCES)
§ 7317. Thirty years or more: regular enlisted members
A regular enlisted member of the Army who has at least 30 years of service computed under section 7325 of this title shall be retired upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 226, § 3917; renumbered § 7317 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3917
10:947 (less proviso).
10:947a (less last 11 words).
Mar. 2, 1907, ch. 2515, § 1 (1st 35 words), 34 Stat. 1217.
Feb. 14, 1885, ch. 67 (less 43d through 53d words); restated Sept. 30, 1890, ch. 1125 (less 43d through 53d words), 26 Stat. 504.
The word “regular” is inserted to conform to an opinion of the Judge Advocate General of the Army (JAGA, 1953/2301, 23 Mar. 1953). The words “upon his request” are substituted for the words “upon making application to the President”, in 10:947, and “by application to the President”, in 10:947a. The words “either as a private or noncommissioned officer, or both”, in 10:947a, are omitted as surplusage. The words “shall be retired” are substituted for the words “be placed upon the retired list”, in 10:947, and “be placed on the retired list heretofore created”, in 10:947a. The words “computed under section 3925 of this title” are inserted for clarity. The 21 words before the proviso and the proviso of the Act of February 14, 1885, as restated, are not contained in 10:947a. They are also omitted from the revised section, since the proviso is executed and the 21 words before the proviso are omitted as covered by formula E of section 3991 of this title.
heading: Prior Provisions
text: A prior section 7317 was renumbered section 8687 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232, § 809(a), substituted “section 7325” for “section 3925”.
Pub. L. 115–232, § 808(b)(12), renumbered section 3917 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7318 (ARMED FORCES)
§ 7318. Thirty years or more: regular commissioned officers
A regular commissioned officer of the Army who has at least 30 years of service computed under section 7326 of this title may be retired upon his request, in the discretion of the President.
(Aug. 10, 1956, ch. 1041, 70A Stat. 226, § 3918; renumbered § 7318 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3918
10:943.
R.S. 1243; Dec. 16, 1930, ch. 14, § 1 (as applicable to R.S. 1243), 46 Stat. 1028.
The word “commissioned” is inserted, since the retirement of warrant officers for length of service is covered by section 1293 of this title. The word “regular” is inserted, since 10:943 is applicable historically only to officers of the Regular Army. The words “and placed on the retired list” are omitted as surplusage. The words “computed under section 3926 of this title” are inserted for clarity.
heading: Prior Provisions
text: Prior sections 7318 and 7319 were renumbered sections 8688 and 8689 of this title, respectively.
heading: Amendments
text: 2018—Pub. L. 115–232, § 809(a), substituted “section 7326” for “section 3926”.
Pub. L. 115–232, § 808(b)(12), renumbered section 3918 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Delegation of Functions
text: Functions of the President under this section to approve the request of a regular commissioned officer of the Army to retire after at least 30 years of service delegated to the Secretary of Defense to perform, without approval, ratification, or other action of the President, and with authority for the Secretary to redelegate, see Ex. Ord. No. 12396, §§ 1(f), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President.
10 U.S.C. § 7320 (ARMED FORCES)
§ 7320. More than thirty years: permanent professors and the Director of Admissions of the United States Military Academy
(a) The Secretary of the Army may retire an officer specified in subsection (b) who has more than 30 years of service as a commissioned officer.
(b) Subsection (a) applies in the case of the following officers:
(1) Any permanent professor of the United States Military Academy.
(2) The Director of Admissions of the United States Military Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 226, § 3920; Pub. L. 104–106, div. A, title V, § 509(a)(1), Feb. 10, 1996, 110 Stat. 297; renumbered § 7320, Pub. L. 115–232, div. A, title VIII, § 808(b)(12), Aug. 13, 2018, 132 Stat. 1838.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3920
10:1079a(c) (proviso).
Aug. 7, 1947, ch. 512, § 520(c) (proviso), 61 Stat. 912.
The word “retire” is substituted for the words “direct the retirement of”. The words “as a commissioned officer” are substituted for the word “commissioned”.
heading: Prior Provisions
text: A prior section 7320 was renumbered section 8690 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 3920 of this title as this section.
1996—Pub. L. 104–106 substituted “permanent professors and the Director of Admissions of the United States Military Academy” for “permanent professors of United States Military Academy” in section catchline and amended text generally. Prior to amendment, text read as follows: “The Secretary of the Army may retire any permanent professor of the United States Military Academy who has more than 30 years of service as a commissioned officer.”
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7321 (ARMED FORCES)
§ 7321. Mandatory retirement: Superintendent of the United States Military Academy; waiver authority
(a) Mandatory Retirement.—
Upon the termination of the detail of an officer to the position of Superintendent of the United States Military Academy, the Secretary of the Army shall retire the officer under any provision of this chapter under which that officer is eligible to retire.
(b) Waiver Authority.—
The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment.
(Added Pub. L. 106–65, div. A, title V, § 532(a)(1)(A), Oct. 5, 1999, 113 Stat. 602, § 3921; amended Pub. L. 108–375, div. A, title V, § 541(a)(1), (c)(1)(A), Oct. 28, 2004, 118 Stat. 1902, 1903; renumbered § 7321, Pub. L. 115–232, div. A, title VIII, § 808(b)(12), Aug. 13, 2018, 132 Stat. 1838.)
heading: Prior Provisions
text: A prior section 7321 was renumbered section 8691 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 3921 of this title as this section.
2004—Pub. L. 108–375 inserted “; waiver authority” at end of section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Application of Section to Superintendents Serving on October 5, 1999
text: Pub. L. 106–65, div. A, title V, § 532(a)(5), Oct. 5, 1999, 113 Stat. 604, provided that: “The amendments made by this subsection [enacting this section and sections 4333a, 6371, 6951a, 8921, and 9333a of this title] shall not apply to an officer serving on the date of the enactment of this Act [Oct. 5, 1999] in the position of Superintendent of the United States Military Academy, Superintendent of the United States Naval Academy, or Superintendent of the United States Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service.”
10 U.S.C. § 7324 (ARMED FORCES)
§ 7324. Forty years or more: Army officers
(a) Except as provided in section 1186 of this title, a commissioned officer of the Army who has at least 40 years of service computed under section 7326 of this title shall be retired upon his request.
(b) Any warrant officer of the Army who has at least 40 years of service computed under section 7326(a) of this title shall be retired upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 227, § 3924; Pub. L. 96–513, title V, § 502(17), Dec. 12, 1980, 94 Stat. 2910; renumbered § 7324 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3924(a)
3924(b)
10:942 (as applicable to commissioned officers).
10:942 (less applicability to commissioned officers).
June 30, 1882, ch. 254 (last 21 words of 3d proviso under “Pay Department”), 22 Stat. 118.
In subsection (a), the words “except as provided in section 3786 of this title” are inserted, since, under that revised section, when board proceedings are pending against a commissioned officer, his right to retire under this revised section, which is otherwise absolute, is discretionary with the Secretary under that revised section.
In subsections (a) and (b), the words “or volunteer service, or both” are omitted as obsolete in accordance with an opinion of the Attorney General, 22 Ops. Atty. Gen. 199, August 30, 1898, holding that such words refer to volunteer service in the Civil War. The words “upon his request” are substituted for the words “if he make application therefor to the President”.
In subsection (b), the applicability of 10:942 to warrant officers is based on an opinion of the Judge Advocate General of the Army (JAGA 1950/6951, 4 Jan. 1951), which holds that 10:594 (less provisos) makes 10:942 applicable to warrant officers.
heading: Amendments
text: 2018—Pub. L. 115–232, § 808(b)(12), renumbered section 3924 of this title as this section.
Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 7326” for “section 3926”.
Subsec. (b). Pub. L. 115–232, § 809(a), substituted “section 7326(a)” for “section 3926(a)”.
1980—Subsec. (a). Pub. L. 96–513 substituted “1186” for “3786”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513, effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 7329 (ARMED FORCES)
§ 7329. Computation of retired pay: law applicable
A member of the Army retired under this chapter is entitled to retired pay computed under chapter 745 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 230, § 3929; renumbered § 7329 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3929
[No source].
[No source].
The revised section is based on the various retirement provisions in this chapter and is inserted to make explicit the entitlement to retired pay upon retirement.
heading: Amendments
text: 2018—Pub. L. 115–232, § 809(a), substituted “chapter 745” for “chapter 371”.
Pub. L. 115–232, § 808(b)(12), renumbered section 3929 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7343 (ARMED FORCES)
§ 7343. Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct
(a) A Reserve enlisted member of the Army described in subsection (b) who is retired under section 7314 of this title shall be retired in the highest enlisted grade in which the member served on active duty satisfactorily (or, in the case of a member of the National Guard, in which the member served on full-time National Guard duty satisfactorily), as determined by the Secretary of the Army.
(b) This section applies to a Reserve enlisted member who—
(1) at the time of retirement is serving on active duty (or, in the case of a member of the National Guard, on full-time National Guard duty) in a grade lower than the highest enlisted grade held by the member while on active duty (or full-time National Guard 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 Army.
(c) This section applies with respect to Reserve enlisted members who are retired under section 7314 of this title after September 30, 1996.
(Added Pub. L. 104–201, div. A, title V, § 532(a)(1), Sept. 23, 1996, 110 Stat. 2518, § 3963; renumbered § 7343 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)
heading: Prior Provisions
text: A prior section 7343, act Aug. 10, 1956, ch. 1041, 70A Stat. 454, related to manufacture of naval aircraft at plants owned by United States under certain circumstances, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(9), Nov. 30, 1993, 107 Stat. 1708.
heading: Amendments
text: 2018—Pub. L. 115–232, § 808(b)(13), renumbered section 3963 of this title as this section.
Subsecs. (a), (c). Pub. L. 115–232, § 809(a), substituted “section 7314” for “section 3914”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7345 (ARMED FORCES)
§ 7345. Restoration to former grade: retired warrant officers and enlisted members
Each retired warrant officer or enlisted member of the Army who has been advanced on the retired list to a higher commissioned grade under section 7344 of this title, and who applies to the Secretary of the Army 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 231, § 3965; Pub. L. 100–180, div. A, title V, § 512(d)(1), Dec. 4, 1987, 101 Stat. 1090; Pub. L. 100–456, div. A, title XII, § 1233(i)(1)(A), Sept. 29, 1988, 102 Stat. 2058; renumbered § 7345 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3965
10:1006.
June 29, 1948, ch. 708, § 204, 62 Stat. 1086.
The words “hereafter”, “rank or”, and “shall thereafter be deemed to be enlisted or warrant officer personnel, as appropriate, for all purposes” are omitted as surplusage. The words “three months from June 29, 1948” and “whichever is later” are omitted as executed.
heading: Prior Provisions
text: A prior section 7345, added Pub. L. 101–189, div. A, title I, § 153(a)(1), Nov. 29, 1989, 103 Stat. 1387, related to submission of annual reports to Armed Services and Appropriations Committees of Senate and House of Representatives addressing aircraft requirements of the Navy, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(9), Nov. 30, 1993, 107 Stat. 1708.
heading: Amendments
text: 2018—Pub. L. 115–232, § 809(a), substituted “section 7344” for “section 3964”.
Pub. L. 115–232, § 808(b)(13), renumbered section 3965 of this title as this section.
1988—Pub. L. 100–456 substituted “retired” for “regular” in section catchline.
1987—Pub. L. 100–180 struck out “Regular” before “Army who”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.