
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: 10USC6321]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                    CHAPTER 571--VOLUNTARY RETIREMENT
 
Sec. 6321. Officers: 40 years

    (a) Each officer of the Regular Navy or the Regular Marine Corps 
holding a permanent appointment in the grade of warrant officer, W-1, or 
above who applies for retirement after completing 40 or more years of 
active service shall be retired by the Secretary of the Navy.
    (b) For the purpose of this section, an officer's years of active 
service are computed by adding all his active service in the armed 
forces.

(Aug. 10, 1956, ch. 1041, 70A Stat. 393.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
6321..................................  34 U.S.C. 381.                       R.
S. 1443; June 17, 1948, ch. 497,
                                                                              S
ec.  1(a), 62 Stat. 477.
                                        34 U.S.C. 879 (less applicability    Ju
ne 4, 1920, ch. 228, Sec.  3 (3d
                                         to enlisted men).                    p
roviso, less applicability to
                                                                              e
nlisted men), 41 Stat. 835.
                                        34 U.S.C. 626-1(a) (1st sentence).   Au
g. 7, 1947, ch. 512, Sec.  314(a)
                                                                              (
1st sentence), 61 Stat. 863; May
                                                                              5
, 1954, ch. 180, Sec.  205, 68
                                                                              S
tat. 68.
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    In subsection (a) the words ``Regular'' and ``holding a permanent 
appointment in the grade of warrant officer, W-1, or above'' are 
inserted for clarity. The word ``shall'' is substituted for the word 
``may'' because the Attorney General has construed R.S. 1443 as 
conferring a right to retirement upon officers who apply for it after 40 
years of service (30 Op. Atty. Gen. 406). The words ``from active 
service'' are omitted as surplusage. The words ``after completing 40 or 
more years of active service'' are substituted for the words ``has been 
forty years in the service of the United States'' for clarity.
    In subsection (b) the accepted meaning of the words ``service of the 
United States'' is spelled out for clarity. They have been consistently 
interpreted to include active service in the armed forces as defined in 
this title.

                  Section Referred to in Other Sections

    This section is referred to in section 6325 of this title.
