
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: 10USC6326]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                    CHAPTER 571--VOLUNTARY RETIREMENT
 
Sec. 6326. Enlisted members: 30 years

    (a) Each enlisted member of the Regular Navy or the Regular Marine 
Corps who applies for retirement after completing 30 or more years of 
active service in the armed forces shall be retired by the President.
    (b) For the purpose of subsection (a), ``enlisted member'' includes 
a member of the Regular Navy or the Regular Marine Corps who holds a 
permanent enlisted grade and a temporary appointment in a commissioned 
or warrant officer grade.
    (c) Each person retired under this section--
        (1) unless otherwise entitled to a higher grade, shall be 
    retired in the grade in which serving at the time of retirement; and
        (2) unless otherwise entitled to higher pay, is entitled to 
    retired pay computed under section 6333 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 395; Pub. L. 85-422, Sec. 6(9), May 
20, 1958, 72 Stat. 129; Pub. L. 85-861, Sec. 36B(20), Sept. 2, 1958, 72 
Stat. 1571; Pub. L. 88-132, Sec. 5(h)(4), Oct. 2, 1963, 77 Stat. 214; 
Pub. L. 90-207, Sec. 3(3), Dec. 16, 1967, 81 Stat. 653; Pub. L. 96-342, 
title VIII, Sec. 813(d)(4), Sept. 8, 1980, 94 Stat. 1105; Pub. L. 96-
513, title V, Sec. 513(17), (19), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 
99-348, title II, Sec. 203(b)(4), July 1, 1986, 100 Stat. 696.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6326..................................  34 U.S.C. 431.                       Ma
r. 3, 1899, ch. 413, Sec.  17, 30
                                                                              S
tat. 1008; Mar. 2, 1907, ch.
                                                                              2
515, Sec.  1, 34 Stat. 1217.
                                        34 U.S.C. 432.                       Ma
r. 3, 1899, ch. 413, Sec.  17, 30
                                                                              S
tat. 1008; June 22, 1906, ch.
                                                                              3
518, 34 Stat. 451; Mar. 2, 1907,
                                                                              c
h. 2515, Sec.  1, 34 Stat. 1217;
                                                                              J
une 4, 1920, ch. 228, Sec.  3 (3d
                                                                              p
roviso as applicable to enlisted
                                                                              m
en), 41 Stat. 835.
                                        34 U.S.C. 879 (as applicable to      Ju
ne 4, 1920, ch. 228, Sec.  3 (3d
                                         enlisted men).                       p
roviso as applicable to enlisted
                                                                              m
en), 41 Stat. 835.
                                        34 U.S.C. 3c(e).                     Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
02(e), 61 Stat. 829.
                                        34 U.S.C. 350f(a) (less provisos).   Ju
ly 24, 1941, ch. 320, Sec.  7(a)
                                                                              (
less provisos), 55 Stat. 604;
                                                                              N
ov. 30, 1942, ch. 643, 56 Stat.
                                                                              1
023.
                                        34 U.S.C. 410m.                      Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
16(j), 61 Stat. 868.
                                        34 U.S.C. 350i(e).                   Ju
ly 24, 1941, ch. 320, Sec.
                                                                              1
0(e), 55 Stat. 605; Feb. 21,
                                                                              1
946, ch. 34, Sec.  8(a), 60 Stat.
                                                                              2
8.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a) the word ``Regular'' is inserted before the words 
``Navy'' and ``Marine Corps'' to reflect the longstanding interpretation 
that 34 U.S.C. 431 applies only to members of the Regular Navy and 
Regular Marine Corps. So much of the Act of March 2, 1907, ch. 2515, 
Sec. 1 (34 U.S.C. 431), as pertains to allowances and rations was 
expressly repealed by the Act of June 16, 1942, ch. 413, 56 Stat. 369. 
The words ``active service in the armed forces'' are substituted for 34 
U.S.C. 432 for brevity. The reference to the former Revenue Cutter 
Service in 34 U.S.C. 432 is omitted as obsolete, inasmuch as that 
Service was absorbed by the Coast Guard in 1915. If there are any 
enlisted men not yet retired who served in the Revenue Cutter Service, 
their right to count that service for the purpose of this section is 
protected by the saving provisions accompanying this title. The 
reference to active service in the Civil or Spanish-American War in 34 
U.S.C. 432 is omitted as obsolete.
    Subsection (b) is inserted to cover into the section permanent 
enlisted members who are temporarily appointed to commissioned or 
warrant grades.
    In subsection (c) the word ``grade'' is substituted for the words 
``rating or rank'' and the words ``is entitled to retired pay at the 
rate of 75 percent of the basic pay to which he would be entitled if 
serving on active duty in the grade in which retired'' are substituted 
for the words ``and with 75 per centum of the pay of the said rating or 
rank'' to conform to the terminology of the Career Compensation Act of 
1949 (37 U.S.C. 231 et seq.).
    Subsection (d) is substituted for 34 U.S.C. 350i(e) as that section 
pertains to voluntary retirement of enlisted members with 30 years of 
active service.


                               Amendments

    1986--Subsec. (c). Pub. L. 99-348 substituted provision that retired 
pay be computed under section 6333 for provision that retired pay, in 
the case of a person 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 75 percent of the basic pay of the pay grade in which he was serving 
on the day before retirement or, if he served as master chief petty 
officer of the Navy or as sergeant major of the Marine Corps, 75 percent 
of the highest basic pay to which he was entitled while so serving, if 
that rate was higher, or in the case of a person who first became a 
member of a uniformed service, as defined in section 1407(a)(2), on or 
after Sept. 8, 1980, be computed by multiplying the monthly retired pay 
base computed under section 1407(d) by 75 percent.
    1980--Subsec. (c)(2). Pub. L. 96-513 substituted ``September 8, 
1980'' for ``the date of the enactment of the Department of Defense 
Authorization Act, 1981'' wherever appearing, and ``master chief petty 
officer'' for ``senior enlisted advisor''.
    Pub. L. 96-342 designated existing provisions as subpar. (A), 
inserted provision limiting applicability to persons who became members 
of the uniformed services before the date of the enactment of the 
Department of Defense Authorization Act, 1981, and added subpar. (B).
    1967--Subsec. (c)(2). Pub. L. 90-207 inserted ``, or if he has 
served as senior enlisted advisor of the Navy or as sergeant major of 
the Marine Corps, he shall be entitled to retired pay at the rate of 75 
percent of the highest basic pay to which he was entitled while so 
serving, if that rate is higher'' after ``retirement''.
    1963--Subsec. (c)(2). Pub. L. 88-132 substituted ``of'' for ``to 
which he would be entitled is serving on active duty in'' after ``75 
percent of the basic pay''.
    1958--Subsec. (c)(2). Pub. L. 85-422 substituted ``pay grade in 
which he was serving on the day before retirement'' for ``grade in which 
retired''.
    Subsec. (d). Pub. L. 85-861 repealed subsec. (d) which related to 
grade of members serving in a grade to which they were appointed under 
section 5597 or promoted under section 5787 of this title.


                    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.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-207 effective Oct. 1, 1967, see section 7 of 
Pub. L. 90-207, set out as a note under section 203 of Title 37, Pay and 
Allowances of the Uniformed Services.


                    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.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of 
Pub. L. 85-422.
    Amendment by Pub. L. 85-422 inapplicable to retired persons or to 
persons to whom retired pay is granted before May 31, 1958, see note set 
out under section 3991 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1406, 6333 of this title.
