
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: 10USC3964]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                       CHAPTER 369--RETIRED GRADE
 
Sec. 3964. Higher grade after 30 years of service: warrant 
        officers and enlisted members
        
    (a) Each retired member of the Army covered by subsection (b) who is 
retired with less than 30 years of active service is entitled, when his 
active service plus his service on the retired list totals 30 years, to 
be advanced on the retired list to the highest grade in which he served 
on active duty satisfactorily (or, in the case of a member of the 
National Guard, in which he served on full-time duty satisfactorily), as 
determined by the Secretary of the Army.
    (b) This section applies to--
        (1) warrant officers of the Army;
        (2) enlisted members of the Regular Army; and
        (3) reserve enlisted members of the Army who, at the time of 
    retirement, are serving on active duty (or, in the case of members 
    of the National Guard, on full-time National Guard duty).

(Aug. 10, 1956, ch. 1041, 70A Stat. 231; Pub. L. 85-861, Sec. 1(100), 
Sept. 2, 1958, 72 Stat. 1489; Pub. L. 98-525, title V, Sec. 533(c), Oct. 
19, 1984, 98 Stat. 2528; Pub. L. 100-180, div. A, title V, Sec. 512(a), 
Dec. 4, 1987, 101 Stat. 1089.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3964..................................  10:594 (1st proviso, less last 39    Au
g. 21, 1941, ch. 384, Sec.  5
                                         words; and last proviso).            (
1st proviso, less last 39 words;
                                        10:1004 (less 30 words before         a
nd last proviso); restated June
                                         proviso).                            2
9, 1948, ch. 708, Sec.  203(c)
                                                                              (
1st proviso, less last 39 words;
                                                                              a
nd last proviso), 62 Stat. 1085;
                                                                              M
ay 29, 1954, ch. 249, Sec.
                                                                              1
9(f), 68 Stat. 167.
                                        ...................................  Ju
ne 29, 1948, ch. 708, Sec.
                                                                              2
03(e) (less 30 words before
                                                                              p
roviso), 62 Stat. 1086.
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---------------------------------

    The words ``when his active service plus his service on the retired 
list totals 30 years'' are substituted for the words ``upon the 
completion of thirty years' [years of] service, to include the sum of 
his active service and his service on the retired list'', in 10:594 and 
1004. The words ``under any provision of law'', in 10:594 and 1004; 
``officer, flight officer, or warrant officer'', in 10:594; and 
``commissioned, warrant, or enlisted'', in 10:1004; are omitted as 
surplusage. 10:594 (last proviso) and 1004 (proviso) are omitted as 
superseded by section 1372 of this title.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3964..................................  10 App.:1004.                        Ma
y 31, 1956, ch. 348, Sec.  1, 70
                                                                              S
tat. 222.
-------------------------------------------------------------------------------
---------------------------------

                               Amendments

    1987--Pub. L. 100-180 substituted ``warrant officers and enlisted 
members'' for ``Army warrant officers; regular enlisted members'' in 
section catchline and amended text generally. Prior to amendment, text 
read as follows: ``Each warrant officer of the Army, and each enlisted 
member of the Regular Army, who is retired before or after this title is 
enacted is entitled, when his active service plus his service on the 
retired list totals 30 years, to be advanced on the retired list to the 
highest grade in which he served on active duty satisfactorily, as 
determined by the Secretary of the Army.''
    1984--Pub. L. 98-525 substituted ``highest grade'' for ``highest 
temporary grade''.
    1958--Pub. L. 85-861 struck out ``, after September 8, 1940 and 
before July 1, 1946'' after ``Secretary of the Army''.


                    Effective Date of 1987 Amendment

    Section 512(f) of Pub. L. 100-180 provided that: ``The amendments 
made by subsections (a) and (c) [amending this section and section 8964 
of this title] shall apply to any reserve enlisted member who completes 
30 years of service in the Armed Forces before, on, or after the date of 
the enactment of this Act [Dec. 4, 1987]. No person may be paid retired 
pay at a higher rate by reason of the enactment of this Act [Pub. L. 
100-180, see Tables for classification] for any period before the date 
of the enactment of this Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3965, 3992 of this title.
