10 U.S.C. § 1305 — Thirty years or more: regular warrant officers

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 274 words · no verdicts yet

in plain englishAI-generated · not legal advice

A regular warrant officer generally must retire after 30 years of creditable active service, with special rules for Army and senior Navy or Marine warrant officers. The concerned Secretary may defer retirement for medical evaluation or, with the officer’s consent, on a board’s recommendation.

(a)(1) Subject to paragraphs (2) and (3), a regular warrant officer with at least 30 years of active service creditable under section 511 of the Career Compensation Act of 1949 must retire 60 days after completing that service, except as provided by section 8301 of title 5. (2) For a regular Army warrant officer, only active service as a warrant officer counts. (3) A regular Navy warrant officer who is chief warrant officer, W–5, or a Marine Corps Marine Gunner warrant officer in that grade must retire 60 days after completing 33 years of total active service. (b) The concerned Secretary may defer retirement for up to four months if unavoidable circumstances require hospitalization or medical observation to finish evaluating the officer’s physical condition and deciding whether the officer is entitled to retirement or separation for physical disability. (c) Under regulations the concerned Secretary issues, the Secretary may defer retirement on a board of officers’ recommendation and the officer’s consent, but not beyond 60 days after the officer turns 62.

the actual law source: uscode.house.gov ↗public domain

(a)

(1)

Subject to paragraphs (2) and (3), a regular warrant officer who has at least 30 years of active service that could be credited to the officer under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114) shall be retired 60 days after the date on which the officer completes that service, except as provided by section 8301 of title 5.

(2)

In the case of a regular Army warrant officer, the calculation of years of active service under paragraph (1) shall include only years of active service as a warrant officer.

(3)

In the case of a regular Navy warrant officer in the grade of chief warrant officer, W–5, or a Marine Corps Marine Gunner warrant officer in such grade, the officer shall be retired 60 days after the date on which the officer completes 33 years of total active service.

(b)

The Secretary concerned may defer, for not more than four months, the retirement under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date when the warrant officer would otherwise be required to retire under this section.

(c)

Under such regulations as the Secretary concerned may prescribe, the Secretary concerned may defer the retirement under subsection (a) of any warrant officer upon the recommendation of a board of officers and with the consent of the warrant officer, but not later than 60 days after the warrant officer becomes 62 years of age.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87–649, § 6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89–718, § 3, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 102–190, div. A, title XI, § 1116, Dec. 5, 1991, 105 Stat. 1503; Pub. L. 109–364, div. A, title V, § 505(c), Oct. 17, 2006, 120 Stat. 2179; Pub. L. 110–417, [div. A], title V, § 501, Oct. 14, 2008, 122 Stat. 4432; Pub. L. 112–239, div. A, title V, § 504, Jan. 2, 2013, 126 Stat. 1715; Pub. L. 118–31, div. A, title V, § 509A, Dec. 22, 2023, 137 Stat. 243.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1962Amended · Pub. L. 87-649 · 76 Stat. 494
1966Amended · Pub. L. 89-718 · 80 Stat. 1115
1991Amended · Pub. L. 102-190 · 105 Stat. 1503
2006Amended · Pub. L. 109-364 · 120 Stat. 2179
2008Amended · Pub. L. 110-417 · 122 Stat. 4432
2013Amended · Pub. L. 112-239 · 126 Stat. 1715
2023Amended · Pub. L. 118-31 · 137 Stat. 243

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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