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10 U.S.C. § 8332Conclusiveness of transfers

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 172 words · no verdicts yet

in plain englishAI-generated · not legal advice

When the Navy Secretary transfers a naval service member to reserve or retired status, that transfer is final. The member then gets retainer or retired pay based on their grade and years of service. The Secretary can fix any errors later, and the corrected pay still starts from the transfer date.

When the Secretary of the Navy transfers a member of the naval service in one of four ways, that transfer is final and can't be challenged. The four kinds of transfer are: (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. Once transferred, the member is entitled to retainer pay or retired pay from the date of the transfer, but only for periods when they aren't on active duty. The amount depends on the member's grade and years of creditable service, as the Secretary determines them. The Secretary can correct a mistake in that grade-and-service determination. If the Secretary makes a correction, the member's retainer pay or retired pay — again, only while not on active duty — is based on the corrected grade and years of service, still counted from the original transfer date.
the actual law source: uscode.house.gov ↗public domain

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 credit: (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.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1958Amended · Pub. L. 85-583 · 72 Stat. 480
  • 1958Amended · Pub. L. 85-861 · 72 Stat. 1566
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836

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

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