
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: 10USC6322]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                    CHAPTER 571--VOLUNTARY RETIREMENT
 
Sec. 6322. Officers: 30 years

    (a) An 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 30 or more years of 
active service may, in the discretion of the Secretary of the Navy, be 
retired.
    (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. 394; Pub. L. 96-342, title VIII, 
Sec. 813(d)(1), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96-513, 
Sec. 513(17), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 99-348, title II, 
Sec. 203(b)(1), July 1, 1986, 100 Stat. 696.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6322..................................  34 U.S.C. 383.                       Ma
y 13, 1908, ch. 166, 35 Stat. 128
                                                                              (
8th sentence, less proviso); June
                                                                              1
7, 1948, ch. 497, Sec.  1(d), 62
                                                                              S
tat. 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.
-------------------------------------------------------------------------------
---------------------------------

    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 words ``after completing 30 or more years of 
active service'' are substituted for the words ``has been thirty years 
in the service'' for clarity. The words ``retired from active service'' 
are omitted as surplusage.
    Subsection (b) is added to clarify the word ``service''. It has been 
consistently interpreted to include active service in the armed forces 
as defined in this title.
    In subsection (c) the words ``is entitled to retired pay at the rate 
of 75 percent of the highest basic pay of the grade in which retired'' 
are substituted for the words ``with three-fourths of the highest pay of 
his grade'' for clarity and uniformity of expression.


                               Amendments

    1986--Subsec. (c). Pub. L. 99-348 struck out subsec. (c) which 
provided that each officer retired under this section be entitled to 
retired pay, in the case of an officer who first became a member of a 
uniformed service, as defined in section 1407(a)(2), before Sept. 8, 
1980, at the rate of 75 percent of the highest basic pay of the grade in 
which retired, and in the case of an officer who first became a member 
of a uniformed service, as defined in section 1407(a)(2), on or after 
Sept. 8, 1980, at the rate of 75 percent of the monthly retired pay base 
computed under section 1407(d).
    1980--Subsec. (c). Pub. L. 96-513 substituted ``September 8, 1980'' 
for ``the date of the enactment of the Department of Defense 
Authorization Act, 1981'' wherever appearing.
    Pub. L. 96-342 designated existing provisions as par. (1), inserted 
provision limiting applicability to officers who became members of the 
uniformed services before the date of the enactment of the Department of 
Defense Authorization Act, 1981, and added par. (2).


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) 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 section 6325 of this title.
