
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3911]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
              CHAPTER 367--RETIREMENT FOR LENGTH OF SERVICE
 
Sec. 3911. Twenty years or more: regular or reserve commissioned 
        officers
        
    (a) The Secretary of the Army may, upon the officer's request, 
retire a regular or reserve commissioned officer of the Army who has at 
least 20 years of service computed under section 3926 of this title, at 
least 10 years of which have been active service as a commissioned 
officer.
    (b) The Secretary of Defense may authorize the Secretary of the 
Army, during the period beginning on October 1, 1990, and ending on 
December 31, 2001, to reduce the requirement under subsection (a) for at 
least 10 years of active service as a commissioned officer to a period 
(determined by the Secretary of the Army) of not less than eight years.

(Aug. 10, 1956, ch. 1041, 70A Stat. 224; Pub. L. 101-510, div. A, title 
V, Sec. 523(a), Nov. 5, 1990, 104 Stat. 1562; Pub. L. 103-160, div. A, 
title V, Sec. 561(c), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105-261, 
div. A, title V, Sec. 561(e), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 
106-398, Sec. 1 [[div. A], title V, Sec. 571(e)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-134.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3911..................................  10:943a.                             Ju
ly 31, 1935, ch. 422, Sec.  5
                                        10:971b (1st 100 words).              (
1st 101 words); restated June 13,
                                                                              1
940, ch. 344, Sec.  3 (1st 45
                                                                              w
ords), 54 Stat. 380; June 29,
                                                                              1
948, ch. 708, Sec.  202 (1st 105
                                                                              w
ords), 62 Stat. 1084; July 16,
                                                                              1
953, ch. 203, 67 Stat. 175.
-------------------------------------------------------------------------------
---------------------------------

    The words ``a regular or reserve commissioned officer of the Army'' 
are substituted for the words ``any officer on the active list of the 
Regular Army * * * or any officer of the reserve components of the Army 
of the United States''. The words ``Philippine Scouts'' are omitted as 
obsolete. The words ``has at least 20'' are substituted for the words 
``shall have completed not less than twenty''. The words ``upon the 
officer's request'' are substituted for the words ``upon his own 
application''. The words ``service computed under section 3926 of this 
title'' are substituted for the words ``active Federal service in the 
armed forces of the United States'', since that revised section makes 
explicit the service covered.


                               Amendments

    2000--Subsec. (b). Pub. L. 106-398 substituted ``December 31, 2001'' 
for ``September 30, 2001''.
    1998--Subsec. (b). Pub. L. 105-261 substituted ``during the period 
beginning on October 1, 1990, and ending on September 30, 2001'' for 
``during the nine-year period beginning on October 1, 1990.''
    1993--Subsec. (b). Pub. L. 103-160 substituted ``nine-year period'' 
for ``five-year period''.
    1990--Pub. L. 101-510 designated existing provisions as subsec. (a) 
and added subsec. (b).


                  Temporary Early Retirement Authority

    For provisions authorizing the Secretary of the Army, during the 
period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this 
section to a regular or reserve commissioned officer with at least 15 
but less than 20 years of service by substituting ``at least 15 years'' 
for ``at least 20 years'' in subsec. (a) of this section, see section 
4403 of Pub. L. 102-484, set out as a note under section 1293 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 631, 632, 637, 638, 638a, 
688, 1370, 1406, 3926, 10154, 12646 of this title.
