
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: 10USC3924]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
              CHAPTER 367--RETIREMENT FOR LENGTH OF SERVICE
 
Sec. 3924. Forty years or more: Army officers

    (a) Except as provided in section 1186 of this title, a commissioned 
officer of the Army who has at least 40 years of service computed under 
section 3926 of this title shall be retired upon his request.
    (b) Any warrant officer of the Army who has at least 40 years of 
service computed under section 3926(a) of this title shall be retired 
upon his request.

(Aug. 10, 1956, ch. 1041, 70A Stat. 227; Pub. L. 96-513, title V, 
Sec. 502(17), Dec. 12, 1980, 94 Stat. 2910.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
3924(a)...............................  10:942 (as applicable to             Ju
ne 30, 1882, ch. 254 (last 21
                                         commissioned officers).              w
ords of 3d proviso under ``Pay
                                        10:942 (less applicability to         D
epartment''), 22 Stat. 118.
3924(b)...............................   commissioned officers).
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---------------------------------

    In subsection (a), the words ``except as provided in section 3786 of 
this title'' are inserted, since, under that revised section, when board 
proceedings are pending against a commissioned officer, his right to 
retire under this revised section, which is otherwise absolute, is 
discretionary with the Secretary under that revised section.
    In subsections (a) and (b), the words ``or volunteer service, or 
both'' are omitted as obsolete in accordance with an opinion of the 
Attorney General, 22 Ops. Atty. Gen. 199, August 30, 1898, holding that 
such words refer to volunteer service in the Civil War. The words ``upon 
his request'' are substituted for the words ``if he make application 
therefor to the President''.
    In subsection (b), the applicability of 10:942 to warrant officers 
is based on an opinion of the Judge Advocate General of the Army (JAGA 
1950/6951, 4 Jan. 1951), which holds that 10:594 (less provisos) makes 
10:942 applicable to warrant officers.


                               Amendments

    1980--Subsec. (a). Pub. L. 96-513 substituted ``1186'' for ``3786''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513, effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1406, 3926 of this title.
