dreamproit/uscode huggingface dataset:
10 U.S.C. § 8332 (ARMED FORCES)
§ 8332. Conclusiveness of transfers
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 397, § 6332; Pub. L. 85–583, § 1(7), Aug. 1, 1958, 72 Stat. 480; Pub. L. 85–861, § 33(a)(33), Sept. 2, 1958, 72 Stat. 1566; renumbered § 8332, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6332
34 U.S.C. 854a (provisos).
June 25, 1938, ch. 690, § 202 (provisos), 52 Stat. 1178.
34 U.S.C. 854 (note).
July 9, 1952, ch. 608, § 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a retired member receives retired pay without allowances, the provision for allowances for retired members having been repealed as pointed out in the note on the preceding section.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).
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6332 of this title as this section.
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).
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 1958 Amendment
text: 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.
10 U.S.C. § 8334 (ARMED FORCES)
§ 8334. Higher grade after 30 years of service: warrant officers and enlisted members
(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
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.
A
Retired pay base as computed under section 1406(d) or 1407 of this title
The retired pay multiplier prescribed in section 1409 of this title for the number of years creditable for his retainer or retired pay at the time of retirement.1
B
Retired pay base as computed under section 1406(d) of this title
The retired pay multiplier prescribed in section 1409 of this title for the number of years credited to him under section 1405 of this title.
(Added Pub. L. 100–180, div. A, title V, § 512(b), Dec. 4, 1987, 101 Stat. 1089, § 6334; amended Pub. L. 101–189, div. A, title XVI, § 1622(g), Nov. 29, 1989, 103 Stat. 1605; renumbered § 8334, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6334 of this title as this section.
1989—Subsec. (a). Pub. L. 101–189 substituted “December 4, 1987” 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.
10 U.S.C. § 8335 (ARMED FORCES)
§ 8335. Restoration to former grade: warrant officers and enlisted members
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 8334 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.
(Added Pub. L. 100–180, div. A, title V, § 512(b), Dec. 4, 1987, 101 Stat. 1090, § 6335; renumbered § 8335 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6335 of this title as this section and substituted “section 8334” for “section 6334”.
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. § 8371 (ARMED FORCES)
§ 8371. Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority
(a) Mandatory Retirement.—
Upon the termination of the detail of an officer to the position of Superintendent of the United States Naval Academy, the Secretary of the Navy shall retire the officer under any provision of chapter 841 of this title under which the 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)(2)(A), Oct. 5, 1999, 113 Stat. 603, § 6371; amended Pub. L. 108–375, div. A, title V, § 541(a)(2), (c)(2)(A), Oct. 28, 2004, 118 Stat. 1902, 1904; renumbered § 8371 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(16), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
heading: Prior Provisions
text: A prior section 8371, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1527, related to promotion of officers to grade of colonel to fill vacancies in Air Force Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14301 et seq. of this title.
heading: Amendments
text: 2018—Pub. L. 115–232, § 807(b)(16), renumbered section 6371 of this title as this section.
Subsec. (a). Pub. L. 115–232, § 809(a), substituted “chapter 841” for “chapter 571”.
2004—Pub. L. 108–375 inserted “; waiver authority” after “Academy” in 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: Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or 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, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 7321 of this title.
10 U.S.C. § 8384 (ARMED FORCES)
§ 8384. Promotion of retired members to higher enlisted grades: retention of grade upon release from active duty
When on active duty, retired enlisted members of the Navy or the Marine Corps are eligible for promotion to higher enlisted grades or ratings. When released from active duty, they shall, unless entitled to a higher grade under another provision of law, retain the grades or ratings they hold at the time of their release.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417, § 6484, renumbered § 8384, Pub. L. 115–232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6484
34 U.S.C. 434.
July 1, 1918, ch. 114, 40 Stat. 719 (1st 9 lines of 2d par.).
The words “who has been ordered into active service since April 6, 1917” are omitted as executed. The words “to higher enlisted grades or ratings” are inserted for clarity. The eligibility of retired enlisted men for appointments to warrant and commissioned grades is covered by chapter 539 of this title where the requirements for these appointments are set forth. The words “unless entitled to a higher grade under another provision of law” are inserted to make it clear that retired enlisted members are not precluded by this section from obtaining the benefits of other provisions of law that may give a higher grade to them on their release from active duty.
The provision relating to pay, allowances, and benefits is omitted because it was superseded by §§ 514 and 516 of the Career Compensation Act of 1949 (37 U.S.C. 314 and 316).
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6484 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. § 8385 (ARMED FORCES)
§ 8385. Members of the Fleet Reserve and Fleet Marine Corps Reserve: authority to recall
(a) A member of the Fleet Reserve or the Fleet Marine Corps Reserve may be ordered by competent authority to active duty without his consent—
(1) in time of war or national emergency declared by Congress, for the duration of the war or national emergency and for six months thereafter;
(2) in time of national emergency declared by the President; or
(3) when otherwise authorized by law.
(b) In time of peace any member of the Fleet Reserve or the Fleet Marine Corps Reserve may be required to perform not more than two months’ active duty for training in each four-year period.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417, § 6485; Pub. L. 95–79, title VIII, § 805, July 30, 1977, 91 Stat. 333; renumbered § 8385, Pub. L. 115–232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6485
34 U.S.C. 854d (1st 87 words of 2d proviso).
June 25, 1938, ch. 690, § 205 (1st 87 words of 2d proviso), 52 Stat. 1179; July 9, 1952, ch. 608, § 808, 66 Stat. 508.
34 U.S.C. 854e (less 2d through 5th provisos).
June 25, 1938, ch. 690, § 206 (less 2d through 5th provisos), 52 Stat. 1179; Apr. 25, 1940, ch. 153, 54 Stat. 162.
34 U.S.C. 854 (note).
July 9, 1952, ch. 608, § 803 (3d sentence), 66 Stat. 505.
In subsection (a) the words “A member of the Fleet Reserve or the Fleet Marine Corps Reserve” are substituted for the words “That men so transferred to the Fleet Reserve * * * or other provision of law” for clarity. It is clear from the legislative history of the Armed Forces Reserve Act of 1952 that the amendment to the second proviso of 34 U.S.C. 854d made by that Act was intended to cover all members of the Fleet Reserve and Fleet Marine Corps Reserve.
In subsection (b) the word “enlisted” is omitted as surplusage since only enlisted members may transfer to the Fleet Reserve and Fleet Marine Corps Reserve. The words “after 16 years’ or more service” are omitted as surplusage since all the members of the Fleet Reserve and Fleet Marine Corps Reserve are in that category. The words “If any member fails to report for the physical examination” are substituted for the words “upon failure * * * of such member to report for inspection” to reflect the true meaning of the section. The words “Under such conditions as may be prescribed by the Secretary of the Navy” are omitted as unnecessary since the authority to order a forfeiture is entirely within the Secretary’s discretion.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6485 of this title as this section.
1977—Subsec. (b). Pub. L. 95–79 struck out requirements relating to physical examinations for members of the Fleet Reserve and Fleet Marine Corps Reserve.
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. § 8386 (ARMED FORCES)
§ 8386. Members of the Fleet Reserve and Fleet Marine Corps Reserve: release from active duty
(a) Except as provided in subsection (b), the Secretary of the Navy may, at any time, release any member of the Fleet Reserve or the Fleet Marine Corps Reserve from active duty.
(b) In time of war or national emergency declared by Congress or by the President after January 1, 1953, a member of the Fleet Reserve or the Fleet Marine Corps Reserve, without his consent, may be released from active duty other than from active duty for training only if—
(1) a board of officers convened at his request by an authority designated by the Secretary recommends the release and the recommendation is approved;
(2) the member does not request that a board be convened; or
(3) his release is otherwise authorized by law.
This subsection does not apply during a period of demobilization or reduction in strength of the Navy or the Marine Corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417, § 6486; renumbered § 8386, Pub. L. 115–232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6486
34 U.S.C. 854d (3d proviso).
June 25, 1938, ch. 690, § 205 (3d proviso); added July 9, 1952, ch. 608, § 808, 66 Stat. 508.
34 U.S.C. 854 (note).
July 9, 1952, ch. 608, § 803 (3d sentence), 66 Stat. 505.
In subsection (a) the words “or active duty for training” are omitted as covered by the term “active duty” as used in this revised title.
In subsection (b) the words “other than from active duty for training” are inserted since the term “active duty” as used in 34 U.S.C. 854d (3d proviso) does not include active duty for training. Clause (3) is inserted, since other provisions of law are necessarily exceptions to the general rule here stated. The words “or the Marine Corps” are inserted in the last sentence of subsection (b) to reflect the applicability of the section to the Fleet Marine Corps Reserve.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6486 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. § 8413 (ARMED FORCES)
§ 8413. Aviation cadets: appointment as reserve officers
(a) An aviation cadet who fulfills the requirements of section 2003 of this title may be appointed an ensign in the Navy Reserve or a second lieutenant in the Marine Corps Reserve and designated a naval aviator.
(b) Aviation cadets who complete their training at approximately the same time are considered for all purposes to have begun their commissioned service on the same date, and the decision of the Secretary of the Navy in this regard is conclusive.
(Aug. 10, 1956, ch. 1041, 70A Stat. 427, § 6913; Pub. L. 96–513, title V, § 513(20), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 109–163, div. A, title V, § 515(b)(1)(O), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8413, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6913(a)
34 U.S.C. 850f.
Aug. 4, 1942, ch. 547, § 7, 56 Stat. 738.
6913(b)
34 U.S.C. 850g.
Aug. 4, 1942, ch. 547, § 8, 56 Stat. 738.
In subsection (a) the proviso is omitted as unnecessary. Section 1 of the Act of April 28, 1950, ch. 120, 64 Stat. 90, terminated service credit for lump-sum payments granted under § 12 of the Act of August 4, 1942, ch. 547, 56 Stat. 738, and thereby removed the only consequences of the proviso. The words “section 6023(b) of this title” are substituted for the words “law for designation or appointment as naval aviators” to provide specific reference to those requirements. The words “and designated a naval aviator” are added for clarity and to authorize specifically the designation, which is implied in 34 U.S.C. 850f.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6913 of this title as this section.
2006—Subsec. (a). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
1980—Subsec. (a). Pub. L. 96–513 substituted “section 2003” for “section 6023(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: Effective Date of 1980 Amendment
text: 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.
10 U.S.C. § 8431 (ARMED FORCES)
§ 8431. Recruit basic training: separate housing for male and female recruits
(a) Physically Separate Housing.—
(1) The Secretary of the Navy shall provide for housing male recruits and female recruits separately and securely from each other during basic training.
(2) To meet the requirements of paragraph (1), the sleeping areas and latrine areas provided for male recruits shall be physically separated from the sleeping areas and latrine areas provided for female recruits by permanent walls, and the areas for male recruits and the areas for female recruits shall have separate entrances.
(3) The Secretary shall ensure that, when a recruit is in an area referred to in paragraph (2), the area is supervised by one or more persons who are authorized and trained to supervise the area.
(b) Alternative Separate Housing.—
If male recruits and female recruits cannot be housed as provided under subsection (a) by October 1, 2001, at a particular installation, the Secretary of the Navy shall require (on and after that date) that male recruits in basic training at such installation be housed in barracks or other troop housing facilities that are only for males and that female recruits in basic training at such installation be housed in barracks or other troop housing facilities that are only for females.
(c) Construction Planning.—
In planning for the construction of housing to be used for housing recruits during basic training, the Secretary of the Navy shall ensure that the housing is to be constructed in a manner that facilitates the housing of male recruits and female recruits separately and securely from each other.
(d) Basic Training Defined.—
In this section, the term “basic training” means the initial entry training programs of the Navy and Marine Corps that constitute the basic training of new recruits.
(Added Pub. L. 105–261, div. A, title V, § 521(b)(1), Oct. 17, 1998, 112 Stat. 2010, § 6931; renumbered § 8431, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6931 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: Implementation
text: Pub. L. 105–261, div. A, title V, § 521(b)(3), Oct. 17, 1998, 112 Stat. 2011, provided that: “The Secretary of the Navy shall implement section 6931 [now 8431] of title 10, United States Code, as added by paragraph (1), as rapidly as feasible and shall ensure that the provisions of that section are applied to all recruit basic training classes beginning not later than the first such class that enters basic training on or after April 15, 1999.”
10 U.S.C. § 8451 (ARMED FORCES)
§ 8451. Location
The United States Naval Academy shall be located at Annapolis, Maryland.
(Aug. 10, 1956, ch. 1041, 70A Stat. 428, § 6951; renumbered § 8451, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6951
34 U.S.C. 1021.
R.S. 1511.
The words “United States” are inserted before the words “Naval Academy” to state the full title. The word “established” is omitted as executed. The words “in the State of” are omitted as surplusage.
heading: Prior Provisions
text: A prior section 8451, act Aug. 10, 1956, ch. 1041, 70A Stat. 524, provided that an officer who is promoted to a temporary grade is considered to have accepted his promotion on date of order announcing it, unless he expressly declines promotion, prior to repeal by Pub. L. 96–513, title II, § 207, Dec. 12, 1980, 94 Stat. 2884, effective Sept. 15, 1981.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6951 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.