
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: 10USC6327]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                    CHAPTER 571--VOLUNTARY RETIREMENT
 
Sec. 6327. Officers and enlisted members of the Naval Reserve 
        and Marine Corps Reserve: 30 years; 20 years; retired pay
        
    (a) A member of the Naval Reserve or the Marine Corps Reserve may be 
transferred to the Retired Reserve upon his request if he has 
completed--
        (1) at least 30 years of active service in the armed forces, 
    other than active duty for training; or
        (2) at least 20 years of active service in the armed forces 
    other than active duty for training, the last 10 of which he served 
    in the 11-year period immediately preceding his transfer to the 
    Retired Reserve.

    (b) Each member who is transferred to the Retired Reserve under 
subsection (a) is entitled, when not on active duty, to retired pay at 
the rate of 50 percent of the basic pay of the grade in which retired.
    (c) This section applies only to persons who were members of the 
Naval Reserve or the Marine Corps Reserve on January 1, 1953.
    (d) This section terminates on January 1, 1973. However, its 
termination will not affect any accrued rights to retired pay.
    (e) A member who is eligible for retirement under this section, and 
who is also eligible for retirement under another provision or for 
transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under 
section 6330 of this title, is entitled to elect which of these benefits 
he is to receive.

(Aug. 10, 1956, ch. 1041, 70A Stat. 395; Pub. L. 85-583, Sec. 1(1), Aug. 
1, 1958, 72 Stat. 480; Pub. L. 88-132, Sec. 5(h)(5), Oct. 2, 1963, 77 
Stat. 214.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
6327..................................  50 U.S.C. 1052(a), (b), (d), (e),    Ju
ly 9, 1952, ch. 608, Sec.
                                         (f).                                 4
13(a), (b), (d), (e), (f), 66
                                                                              S
tat. 499.
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---------------------------------

    In subsection (a) the word ``Federal'' is omitted and the words ``in 
the armed forces, other than active duty for training'' are inserted. 
The words ``active Federal service'' are not defined in 50 U.S.C. 1052. 
Section 310 of the Naval Reserve Act of 1938, which 50 U.S.C. 1052 
replaced, specifies active service in the ``Army, Navy, Marine Corps, 
Coast Guard, Naval Auxiliary Service, Naval Reserve Force, Naval Militia 
in Federal status, National Naval Volunteers, Naval Reserve, Marine 
Corps Reserve Force, and Marine Corps Reserve.'' 50 U.S.C. 1052 was 
intended to preserve the rights of persons who, on January 1, 1953, were 
members of reserve components, so that they would not be prejudiced by 
the repeal of Sec. 310 of the Naval Reserve Act of 1938 (U.S. Code 
Congressional and Administrative News, 1952, p. 3584). To effect that 
purpose, the service that was creditable under the 1938 Act must be 
creditable under 50 U.S.C. 1052. The words ``active service in the armed 
forces, other than active duty for training'' cover all creditable 
service. The Judge Advocate General of the Navy, in an opinion dated 
August 27, 1954 (JAG II:2:WGA:CA:mk), held that active duty for training 
was not creditable under the 1938 Act and is, therefore, not creditable 
under the 1952 Act.


                               Amendments

    1963--Subsec. (b). Pub. L. 88-132 substituted ``of the grade in 
which retired'' for ``to which he would be entitled if on active duty'' 
after ``50 percent of the basic pay''.
    1958--Subsec. (e). Pub. L. 85-583 entitled eligible members of Naval 
Reserve or Marine Corps Reserve to elect to transfer to Fleet Reserve or 
Fleet Marine Corps Reserve.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 6323 of this title.
