
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: 10USC6331]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                    CHAPTER 571--VOLUNTARY RETIREMENT
 
Sec. 6331. Members of the Fleet Reserve and Fleet Marine Corps 
        Reserve: transfer to the retired list; retired pay
        
    (a) When he has completed 30 years of service, or when he is found 
not physically qualified in an examination under section 6485 of this 
title, a member of the Fleet Reserve or the Fleet Marine Corps Reserve 
shall be transferred--
        (1) to the retired list of the Regular Navy or the Regular 
    Marine Corps, as appropriate, if he was a member of the Regular Navy 
    or the Regular Marine Corps at the time of his transfer to the Fleet 
    Reserve or the Fleet Marine Corps Reserve; or
        (2) to the appropriate Retired Reserve, if he was a member of 
    the Naval Reserve or the Marine Corps Reserve at the time of his 
    transfer to the Fleet Reserve or the Fleet Marine Corps Reserve.

    (b) For the purpose of subsection (a), a member's years of service 
are computed by adding--
        (1) the years of service credited to him upon his transfer to 
    the Fleet Reserve or the Fleet Marine Corps Reserve;
        (2) his years of active and inactive service in the armed forces 
    before his transfer to the Fleet Reserve or the Fleet Marine Corps 
    Reserve not credited to him upon that transfer; and
        (3) his years of service, active and inactive, in the Fleet 
    Reserve or the Fleet Marine Corps Reserve.

    (c) Unless otherwise entitled to higher pay, each member transferred 
to the retired list or the Retired Reserve under this section is 
entitled to retired pay at the same rate as the retainer pay to which he 
was entitled at the time of his transfer to the retired list or the 
Retired Reserve.

(Aug. 10, 1956, ch. 1041, 70A Stat. 397; Pub. L. 85-583, Sec. 1(4-6), 
Aug. 1, 1958, 72 Stat. 480.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6331..................................  34 U.S.C. 854c (4th proviso).        Ju
ne 25, 1938, ch. 690, Sec.  204
                                                                              (
4th proviso), 52 Stat. 1179; Aug.
                                                                              1
0, 1946, ch. 952, Sec.  2, 60
                                                                              S
tat. 993.
                                        34 U.S.C. 854e (2d and 4th           Ju
ne 25, 1938, ch. 690, Sec.  206
                                         provisos).                           (
2d and 4th provisos), 52 Stat.
                                                                              1
179; Apr. 25, 1940, ch. 153, 54
                                                                              S
tat. 162.
                                        34 U.S.C. 854 (note).                Ju
ly 9, 1952, ch. 608, Sec.  803
                                                                              (
3d sentence), 66 Stat. 505.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a) the words ``transferred * * * in accordance with 
the provisions of this section and of sections 853 and 854b of this 
title'', in the fourth proviso of 34 U.S.C. 854c, and the words 
``transferred after sixteen years' or more service in the Regular 
Navy'', and ``men coming under the cognizance of sections 853 and 854b 
of this title'', in the second proviso of 34 U.S.C. 854e, are omitted as 
surplusage since the classes designated by these phrases comprise all 
members of the Fleet Reserve and Fleet Marine Corps Reserve.
    Subsection (b) is worded so as to cover all members of the Fleet 
Reserve and the Fleet Marine Corps Reserve regardless of the law under 
which they attained that status. A member transferring under 34 U.S.C. 
854b may count only active naval service in computing the service 
required for that transfer, but in determining his eligibility for 
retirement he may add to his active naval service all previous active or 
inactive service in the Army, Navy, Marine Corps, Air Force, or Coast 
Guard, and his time in the Fleet Reserve. A member transferring to the 
Fleet Reserve under 34 U.S.C. 854c may count active service in any armed 
force toward that transfer, and he determines his eligibility for 
retirement by adding to the service credited to him at the time of 
transfer any previous inactive service in the armed forces and his time 
in the Fleet Reserve. As to the latter member the words ``active 
service'' in clause (2) are superfluous, since such service would have 
been credited to him upon his transfer to the Fleet Reserve, but they 
are needed in the case of a member transferred under 34 U.S.C. 854b.
    In subsection (c) references to the ``allowances to which enlisted 
men of the Navy are entitled on retirement after thirty years' 
service'', in the second and fourth provisos of 34 U.S.C. 854e, are 
omitted because of the repeal, by Sec. 19 of the Pay Readjustment Act of 
1942, 56 Stat. 369, of the laws authorizing such allowances.


                               Amendments

    1958--Subsec. (a). Pub. L. 85-583, Sec. 1(4), provided for the 
transfer to the appropriate Retired Reserve of those members of the 
Fleet Reserve or the Fleet Marine Corps Reserve who had transferred 
thereto from the Naval Reserve or the Marine Corps Reserve.
    Subsec. (b). Pub. L. 85-583, Sec. 1(5), struck out ``of clause 
(2)''.
    Subsec. (c). Pub. L. 85-583, Sec. 1(6), inserted ``or the Retired 
Reserve'' after ``retired list'' wherever appearing.
