
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: 10USC3914]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
              CHAPTER 367--RETIREMENT FOR LENGTH OF SERVICE
 
Sec. 3914. Twenty to thirty years: enlisted members

    Under regulations to be prescribed by the Secretary of the Army, an 
enlisted member of the Army who has at least 20, but less than 30, years 
of service computed under section 3925 of this title may, upon his 
request, be retired.

(Aug. 10, 1956, ch. 1041, 70A Stat. 225; Pub. L. 85-861, Sec. 33(a)(25), 
Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96-343, Sec. 9(a)(1), Sept. 8, 
1980, 94 Stat. 1128; Pub. L. 103-337, div. A, title V, Sec. 515(a), Oct. 
5, 1994, 108 Stat. 2753.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3914..................................  10:948 (1st sentence).               Oc
t. 6, 1945, ch. 393, Sec.  4 (1st
                                        10:948a.                              s
entence); restated Aug. 10, 1946,
                                                                              c
h. 952, Sec.  6(a) (1st
                                                                              s
entence), 60 Stat. 996.
                                        ...................................  Au
g. 10, 1946, ch. 952, Sec.  7, 60
                                                                              S
tat. 996.
-------------------------------------------------------------------------------
---------------------------------

    The words ``now or hereafter'', in 10:948a, are omitted as 
surplusage. The words ``computed under section 3925 of this title'' are 
substituted for the words ``active Federal service'', in 10:948, and 
``active Federal military service'', in 10:948a, since that revised 
section makes explicit the service covered. The words ``be retired'' are 
substituted for the words ``will be placed on the retired list of'', in 
10:948. The words ``completed a minimum'', in 10:948; and ``the period 
of'', ``be subject to'', ``periods of'', and ``now or after August 10, 
1946'', in 10:948a; are omitted as surplusage.

                            1958 Act

    The change makes clear that the Secretary of the Army is required to 
prescribe regulations in this case, and conforms this section to section 
8914, its Air Force counterpart.


                               Amendments

    1994--Pub. L. 103-337 struck out at end ``A regular enlisted member 
then becomes a member of the Army Reserve. A member retired under this 
section shall perform such active duty as may be prescribed by law until 
his service computed under section 3925 of this title, plus his inactive 
service as a member of the Army Reserve, equals 30 years.''
    1980--Pub. L. 96-343 struck out ``regular'' before ``enlisted 
members'' in section catchline and substituted in section ``an enlisted 
member'' for ``a regular enlisted member'', ``A regular enlisted 
member'' for ``He'', and ``Army Reserve. A member retired under this 
section'' for ``Army Reserve, and''.
    1958--Pub. L. 85-861 substituted ``regulations to be prescribed'' 
for ``regulations prescribed''.


                    Effective Date of 1980 Amendment

    Section 9(c) of Pub. L. 96-343 provided that: ``The amendments made 
by this section [amending this section and sections 3925, 8914, and 8925 
of this title] shall apply with respect to retired pay payable for 
months beginning after the date of the enactment of this Act [Sept. 8, 
1980].''


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 
33(g) of Pub. L. 85-861, set out as a note under section 101 of this 
title.


                  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 an enlisted member with at least 15 but less than 20 years of 
service by substituting ``at least 15'' for ``at least 20'', see section 
4403 of Pub. L. 102-484, set out as a note under section 1293 of this 
title.


           Double Credits for Foreign Service by Enlisted Men

    Acts May 26, 1900, ch. 586, 31 Stat. 209; Mar. 2, 1903, ch. 975, 32 
Stat. 933; Apr. 23, 1904, ch. 1485, 33 Stat. 264; Aug. 24, 1912, ch. 
391, Sec. 1, 37 Stat. 575; May 17, 1932, ch. 190, 47 Stat. 158, provided 
that: ``In computing length of service for retirement, credit shall be 
given soldiers for double the time of their actual service in China, 
Puerto Rico, Cuba, the Philippine Islands, the Island of Guam, Alaska, 
and Panama, but double credit shall not be given for service rendered 
subsequent to April 23, 1904, in Puerto Rico or the Territory of Hawaii, 
nor shall credit for double time for foreign service be given to those 
who enlisted after August 24, 1912: Provided, That nothing herein shall 
be so construed as to forfeit credit for double time accrued prior to 
August 24, 1912.''

                  Section Referred to in Other Sections

    This section is referred to in sections 688, 1176, 1402, 1402a, 
1406, 1407, 3963 of this title.
