10 U.S.C. § 8323 — Officers: 20 years

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 381 words · no verdicts yet

in plain englishAI-generated · not legal advice

Navy or Marine Corps officers can retire after 20-plus years of service. At least 10 years must be as a commissioned officer, sometimes reduced to 8. The President decides whether to grant retirement and picks the effective date.

(a) (1) An officer of the Navy or the Marine Corps who applies for retirement after completing more than 20 years of active service — with at least 10 of those years as a commissioned officer — may be retired, at the President's discretion, on the first day of any month the President chooses. (2) (A) The Secretary of Defense could authorize the Secretary of the Navy, during the period in subparagraph (B), to reduce that 10-year commissioned-officer requirement to a period of at least 8 years, as the Secretary determines. (B) That period ran from January 7, 2011, through September 30, 2018. (b) For this section — (1) an officer's years of active service are computed by adding all of their active service in the armed forces; and (2) their years of service as a commissioned officer are computed by adding all their active service 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 or 1370a of this title, whichever applies. (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, they're entitled to under any provision of this title. If the pay of that highest grade is less than the pay of any warrant grade they satisfactorily held on active duty, their retired pay is based on the higher pay instead. (e) Unless otherwise entitled to higher pay, an officer retired under this section is entitled to retired pay computed under section 8333 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, or who are transferred to the Retired Reserve under section 8327 of this title, may still be retired under this section — despite already being in retired status — if they're otherwise eligible.

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

(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 7, 2011, and ending on September 30, 2018.

(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 or 1370a of this title, as applicable.

(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 8333 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 8327 of this title, may be retired under this section, notwithstanding their retired status, if they are otherwise eligible.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6323; Pub. L. 85–861, § 1(142), Sept. 2, 1958, 72 Stat. 1509; Pub. L. 88–132, § 5(h)(4), Oct. 2, 1963, 77 Stat. 214; Pub. L. 96–342, title VIII, § 813(d)(2), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, title V, §§ 503(47)(A), 513(17), Dec. 12, 1980, 94 Stat. 2914, 2932; Pub. L. 99–348, title II, § 203(b)(2), July 1, 1986, 100 Stat. 696; Pub. L. 101–510, div. A, title V, § 523(b), Nov. 5, 1990, 104 Stat. 1562; Pub. L. 103–160, div. A, title V, § 561(c), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105–261, div. A, title V, § 561(e), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106–398, § 1 [[div. A], title V, § 571(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–134; Pub. L. 109–163, div. A, title V, §§ 502(b), 515(b)(1)(H), Jan. 6, 2006, 119 Stat. 3225, 3233; Pub. L. 109–364, div. A, title X, § 1071(a)(33), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 111–383, div. A, title V, § 506(b), Jan. 7, 2011, 124 Stat. 4210; Pub. L. 112–239, div. A, title V, § 505(b), title X, § 1076(e)(6), Jan. 2, 2013, 126 Stat. 1715, 1951; renumbered § 8323 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840; Pub. L. 116–283, div. A, title V, § 508(b)(3)(B), Jan. 1, 2021, 134 Stat. 3585.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1958Amended · Pub. L. 85-861 · 72 Stat. 1509
1963Amended · Pub. L. 88-132 · 77 Stat. 214
1980Amended · Pub. L. 96-342 · 94 Stat. 1104
1980Amended · Pub. L. 96-513 · 94 Stat. 2914, 2932
1986Amended · Pub. L. 99-348 · 100 Stat. 696
1990Amended · Pub. L. 101-510 · 104 Stat. 1562
1993Amended · Pub. L. 103-160 · 107 Stat. 1667
1998Amended · Pub. L. 105-261 · 112 Stat. 2025
2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
2006Amended · Pub. L. 109-163 · 119 Stat. 3225, 3233
2006Amended · Pub. L. 109-364 · 120 Stat. 2400
2011Amended · Pub. L. 111-383 · 124 Stat. 4210
2013Amended · Pub. L. 112-239 · 126 Stat. 1715, 1951
2018Amended · Pub. L. 115-232 · 132 Stat. 1836, 1840
2021Amended · Pub. L. 116-283 · 134 Stat. 3585

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

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