
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: 10USC6323]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                    CHAPTER 571--VOLUNTARY RETIREMENT
 
Sec. 6323. Officers: 20 years

    (a)(1) An officer of the Navy or the Marine Corps who applies for 
retirement after completing more than 20 years of active service, of 
which at least 10 years was service as a commissioned officer, may, in 
the discretion of the President, be retired on the first day of any 
month designated by the President.
    (2) The Secretary of Defense may authorize the Secretary of the 
Navy, during the period beginning on October 1, 1990, and ending on 
December 31, 2001, to reduce the requirement under paragraph (1) for at 
least 10 years of active service as a commissioned officer to a period 
(determined by the Secretary) of not less than eight years.
    (b) For the purposes of this section--
        (1) an officer's years of active service are computed by adding 
    all his active service in the armed forces; and
        (2) his years of service as a commissioned officer are computed 
    by adding all his active service in the armed forces under permanent 
    or temporary appointments in grades above warrant officer, W-1.

    (c) The retired grade of an officer retired under this section is 
the grade determined under section 1370 of this title.
    (d) A warrant officer who retires under this section may elect to be 
placed on the retired list in the highest grade and with the highest 
retired pay to which he is entitled under any provision of this title. 
If the pay of that highest grade is less than the pay of any warrant 
grade satisfactorily held by him on active duty, his retired pay shall 
be based on the higher pay.
    (e) Unless otherwise entitled to higher pay, an officer retired 
under this section is entitled to retired pay computed under section 
6333 of this title.
    (f) Officers of the Naval Reserve and the Marine Corps Reserve who 
were transferred to the Retired Reserve from an honorary retired list 
under section 213(b) of the Armed Forces Reserve Act of 1952 (66 Stat. 
485), or are transferred to the Retired Reserve under section 6327 of 
this title, may be retired under this section, notwithstanding their 
retired status, if they are otherwise eligible.

(Aug. 10, 1956, ch. 1041, 70A Stat. 394; Pub. L. 85-861, Sec. 1(142), 
Sept. 2, 1958, 72 Stat. 1509; Pub. L. 88-132, Sec. 5(h)(4), Oct. 2, 
1963, 77 Stat. 214; Pub. L. 96-342, title VIII, Sec. 813(d)(2), Sept. 8, 
1980, 94 Stat. 1104; Pub. L. 96-513, title V, Secs. 503(47)(A), 513(17), 
Dec. 12, 1980, 94 Stat. 2914, 2932; Pub. L. 99-348, title II, 
Sec. 203(b)(2), July 1, 1986, 100 Stat. 696; Pub. L. 101-510, div. A, 
title V, Sec. 523(b), Nov. 5, 1990, 104 Stat. 1562; Pub. L. 103-160, 
div. A, title V, Sec. 561(c), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 
105-261, div. A, title V, Sec. 561(e), Oct. 17, 1998, 112 Stat. 2025; 
Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 571(e)], Oct. 30, 2000, 
114 Stat. 1654, 1654A-134.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6323(a), (b)..........................  34 U.S.C. 410b.                      Fe
b. 21, 1946, ch. 34, Sec.  6, 60
                                                                              S
tat. 27.
6323(c)...............................  34 U.S.C. 410b-1.                    Ap
r. 14, 1949, ch. 52, Sec.  1
                                                                              (
less applicability to Act of June
                                                                              2
9, 1948, ch. 708, Sec.  301(b),
                                                                              6
2 Stat. 1087), 63 Stat. 47.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b) the words ``or the Reserve Components thereof'' 
are omitted because the terms ``Navy'', ``Marine Corps'', and ``Coast 
Guard'' include the reserve components. The words ``including active 
duty for training'' are omitted because the term ``active duty'' is 
defined in this title as including training duty.
    The Act of April 14, 1949 (34 U.S.C. 410b-1), extending the benefits 
of 34 U.S.C. 410b to officers on the honorary retired lists, was enacted 
because the Comptroller General had held that these officers, being 
already in a retired status, could not be retired under 34 U.S.C. 410b 
(U.S. Code Congressional Service, 1949, p. 1179). The provisions of the 
Naval Reserve Act of 1938 relating to the honorary retired lists were 
repealed by Sec. 803 of the Armed Forces Reserve Act of 1952, but 
insofar as they provided for retirement and retired pay they were 
reenacted, for a period of 20 years, in Sec. 413 of that act (50 U.S.C. 
1052). Persons on the honorary retired lists when the Armed Forces 
Reserve Act of 1952 was passed were transferred to the appropriate 
Retired Reserve under Sec. 213 of the Act. Persons qualifying for 
retirement under Sec. 413 are likewise placed in the Retired Reserve. 
The purpose of Congress in enacting Sec. 413 was to preserve the accrued 
rights of persons who were members of reserve components on January 1, 
1953, the effective date of the Act (U.S. Code Congressional and 
Administrative News, 1952, p. 3584). One of their rights was the right 
to apply for retirement under 34 U.S.C. 410b upon completion of the 
required service, notwithstanding the fact that, before qualifying for 
retirement under that section, they had already acquired a retired 
status. Subsection (c) is worded accordingly.

                                                    1958 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6323(a), (b)..........................  34 App.:410b.                        Au
g. 4, 1955, ch. 553, Sec.  1, 69
                                                                              S
tat. 493; Aug. 9, 1955, ch. 678,
                                                                              S
ec.  1(a), (b), 69 Stat. 614.
6323(c), (e)..........................  [No source].                         [N
o source].
6323(d)...............................  [No source].                         [N
o source].
6323(f)...............................  [No source].                         [N
o source].
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b), the words ``armed forces'' are substituted for 
the words ``Navy, Marine Corps, Army, Air Force, or Coast Guard, or the 
Reserve Components thereof'' because ``armed forces'', as defined in 
this title, is a collective term for these elements.
    Subsections (c) and (e) state rules, formerly stated in section 
6325, with respect to officers retired under this section.
    Subsection (d) states a rule, formerly stated in section 6325, with 
respect to warrant officers retired under this section.
    In subsections (c) and (e), the words ``Unless otherwise entitled to 
a higher grade'' and ``Unless otherwise entitled to higher pay'' are 
substituted for 34 App.:410c(b).
    In subsection (d), the second and third provisos of 34 App.:410b, 
relating to officers whose basic pay is not based on years of service, 
is omitted as obsolete. Under the Career Compensation Act of 1949 (37 
U.S.C. 231 et seq.), the basic pay of all officers is based on years of 
service. The subsection is worded to conform to the terminology of the 
Career Compensation Act of 1949 and to make clear the fact that the 
amount of retired pay is not permanently fixed at the time of retirement 
but is subject to change when rates of basic pay are changed, as 
provided in 34 App.:410q.
    Subsection (f) was formerly subsection (c).

                       References in Text

    Section 213(b) of the Armed Forces Reserve Act of 1952 (66 Stat. 
485), referred to in subsec. (f), was classified to section 933 of Title 
50, War and National Defense, and was repealed by section 53 of act Aug. 
10, 1956.


                               Amendments

    2000--Subsec. (a)(2). Pub. L. 106-398 substituted ``December 31, 
2001'' for ``September 30, 2001''.
    1998--Subsec. (a)(2). Pub. L. 105-261 substituted ``during the 
period beginning on October 1, 1990, and ending on September 30, 2001'' 
for ``during the nine-year period beginning on October 1, 1990''.
    1993--Subsec. (a)(2). Pub. L. 103-160 substituted ``nine-year 
period'' for ``five-year period''.
    1990--Subsec. (a). Pub. L. 101-510 designated existing provisions as 
par. (1) and added par. (2).
    1986--Subsec. (e). Pub. L. 99-348 substituted provision that retired 
pay be computed under section 6333 for provision that 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, be at the rate 
of 2\1/2\ percent of the basic pay of the grade in which retired, or 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, be at the 
rate of 2\1/2\ percent of the monthly retired pay base computed under 
section 1407(d), which rates were to be multiplied by the number of 
years of service credited under section 1405, but such retired pay was 
not to be more than 75 percent of the basic pay or monthly retired pay 
base upon which the computation of retired pay was based.
    1980--Subsec. (c). Pub. L. 96-513, Sec. 503(47)(A), substituted 
provisions that the retired grade of an officer retired under this 
section is the grade determined under section 1370 of this title for 
provisions that had set the grade of officers retired under this section 
at the highest grade, permanent or temporary, in which he had served 
satisfactorily on active duty as determined by the Secretary of the 
Navy; or, if the Secretary determined that he had not served 
satisfactorily in his highest temporary grade, in the next lower grade 
in which he had served, but not lower than his permanent grade.
    Subsec. (e). Pub. L. 96-513, Sec. 513(17), 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).
    1963--Subsec. (e). Pub. L. 88-132 substituted ``of'' for ``to which 
he would be entitled if serving on active duty in'' after ``2\1/2\ 
percent of the basic pay''.
    1958--Subsec. (a). Pub. L. 85-861 substituted ``first day of any 
month'' for ``first day of the month''.
    Subsec. (b). Pub. L. 85-861 inserted provisions in cl. (2).
    Subsecs. (c) to (f). Pub. L. 85-861 added subsecs. (c) to (e) and 
redesignated former subsec. (c) as (f).


                    Effective Date of 1980 Amendment

    Amendment by section 503(47) of Pub. L. 96-513 effective Sept. 15, 
1981, and amendment by section 513(17) of Pub. L. 96-513 effective Dec. 
12, 1980, see section 701 of Pub. L. 96-513, set out as a note under 
section 101 of this title.


                    Effective Date of 1963 Amendment

    Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14 
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay 
and Allowances of the Uniformed Services.

                         Delegation of Functions

    Functions of President under subsec. (a) to approve application of 
an officer of Navy or Marine Corps for retirement after completion of 
more than 20 years of active service and to designate month in which 
such retirements shall become effective delegated to Secretary of 
Defense to perform, without approval, ratification, or other action by 
President, and with authority for Secretary to redelegate, see Ex. Ord. 
No. 12396, Secs. 1(e), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as 
a note under section 301 of Title 3, The President.
    For delegation to Secretary of the Treasury of authority vested in 
President, see section 2(g) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 
F.R. 7025, set out as a note under section 301 of Title 3, The 
President.


                  Temporary Early Retirement Authority

    For provisions authorizing the Secretary of the Navy, during the 
period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this 
section to an officer with at least 15 but less than 20 years of service 
by substituting ``at least 15 years'' for ``at least 20 years'' in 
subsec. (a) of this section, see section 4403 of Pub. L. 102-484, set 
out as a note under section 1293 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 631, 632, 637, 638, 638a, 
688, 1370, 1406, 6325, 6333, 6383, 10154, 12646 of this title.
