
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1305]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
    CHAPTER 65--RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE
 
Sec. 1305. Thirty years or more: regular warrant officers

    (a)(1) Except as provided in paragraph (2), a regular warrant 
officer (other than a regular Army warrant officer in the grade of chief 
warrant officer, W-5) who has at least 30 years of active service that 
could be credited to him under section 511 of the Career Compensation 
Act of 1949, as amended (70 Stat. 114) shall be retired 60 days after he 
completes that service, except as provided by section 8301 of title 5.
    (2)(A) A regular Army warrant officer in the grade of chief warrant 
officer, W-5, who has at least 30 years of active service as a warrant 
officer that could be credited to him 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 he completes that service, except as 
provided by section 8301 of title 5.
    (B) A regular Army warrant officer in a warrant officer grade below 
the grade of chief warrant officer, W-5, who completes 24 years of 
active service as a warrant officer before he is required to be retired 
under paragraph (1) shall be retired 60 days after the date on which he 
completes 24 years of active service as a warrant officer, except as 
provided by section 8301 of title 5.
    (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 he would 
otherwise be required to retire under this section.
    (c) Under such regulations as he 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 he 
becomes 62 years of age.

(Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87-649, Sec. 6(f)(3), 
Sept. 7, 1962, 76 Stat. 494; Pub. L. 89-718, Sec. 3, Nov. 2, 1966, 80 
Stat. 1115; Pub. L. 102-190, div. A, title XI, Sec. 1116, Dec. 5, 1991, 
105 Stat. 1503.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1305(a)...............................  10:600(d) (as applicable to          Ma
y 29, 1954, ch. 249, Secs.  2(d)
                                         10:600l(b)(2)).                      (
as applicable to Sec.  14(b)(2)),
                                        10:600l(b)(2) (last sentence).        1
4(b)(2), (e) (as applicable to
                                        10:600r(c) (as applicable to          (
b)(2)), 21(c) (as applicable to
                                         10:600l(b)(2)).                      S
ec.  14(b)(2)), 68 Stat. 157,
                                        34:135(d) (as applicable to           1
63, 168.
                                         34:430(b)(2)).
                                        34:430(b)(2) (last sentence).
                                        34:430c (as applicable to
                                         34:430(b)(2)).
1305(b)...............................  10:600l(e) (as applicable to
                                         10:600l(b)(2)).
                                        34:430(e) (as applicable to
                                         34:430(b)(2)).
1305(c)...............................  10:600l(b)(2) (less last sentence).
                                        34:430(b)(2) (less last sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``has at least'' are substituted for 
the words ``has completed''. The words ``and is not so continued on 
active service'' and ``on that date which'' are omitted as surplusage. 
10:600l(b)(2) (last 16 words of last sentence) and 34:430(b)(2) (last 16 
words of last sentence) are omitted as covered by section 1315 of this 
title.
    In subsection (b), the words ``The Secretary concerned may defer'' 
are substituted for the words ``may, in the discretion of the Secretary, 
be deferred''. The words ``determination of his'' are inserted for 
clarity. The words ``not more than'' are substituted for the words ``a 
period not to exceed''. The words ``he would otherwise be required to 
retire under this section'' are substituted for the words ``retirement * 
* * would otherwise be required''. The words ``which is required'', 
``possible'', ``proper'', and ``a period of'' are omitted as surplusage.
    In subsection (c), the words ``the Secretary concerned may defer the 
retirement'' are substituted for the words ``in the discretion of the 
Secretary * * * be continued on active service''. The words ``but not 
later than'' are substituted for the words ``but not beyond that date 
which is''.

                       References in Text

    Section 511 of the Career Compensation Act of 1949, referred to in 
subsec. (a), is set out as a note under section 580 of this title.


                               Amendments

    1991--Subsec. (a). Pub. L. 102-190 designated existing provisions as 
par. (1), substituted ``Except as provided in paragraph (2), a regular 
warrant officer (other than a regular Army warrant officer in the grade 
of chief warrant officer, W-5)'' for ``A permanent regular warrant 
officer'', and added par. (2).
    1966--Subsec. (a). Pub. L. 89-718 substituted ``8301'' for ``47a''.
    1962--Subsec. (a). Pub. L. 87-649 substituted ``section 511 of the 
Career Compensation Act of 1949, as amended (70 Stat. 114)'' for 
``section 311 of title 37.''


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section 
1132 of Pub. L. 102-190, set out as a note under section 521 of this 
title.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 
of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, 
Pay and Allowances of the Uniformed Services.

                  Section Referred to in Other Sections

    This section is referred to in sections 1263, 1401, 1406 of this 
title; title 14 section 334.
