
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: 10USC6332]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                    CHAPTER 571--VOLUNTARY RETIREMENT
 
Sec. 6332. Conclusiveness of transfers

    When a member of the naval service is transferred by the Secretary 
of the Navy--
        (1) to the Fleet Reserve;
        (2) to the Fleet Marine Corps Reserve;
        (3) from the Fleet Reserve to the retired list of the Regular 
    Navy or the Retired Reserve; or
        (4) from the Fleet Marine Corps Reserve to the retired list of 
    the Regular Marine Corps or the Retired Reserve;

the transfer is conclusive for all purposes. Each member so transferred 
is entitled, when not on active duty, to retainer pay or retired pay 
from the date of transfer in accordance with his grade and number of 
years of creditable service as determined by the Secretary. The 
Secretary may correct any error or omission in his determination as to a 
member's grade and years of creditable service. When such a correction 
is made, the member is entitled, when not on active duty, to retainer 
pay or retired pay in accordance with his grade and number of years of 
creditable service, as corrected, from the date of transfer.

(Aug. 10, 1956, ch. 1041, 70A Stat. 397; Pub. L. 85-583, Sec. 1(7), Aug. 
1, 1958, 72 Stat. 480; Pub. L. 85-861, Sec. 33(a)(33), Sept. 2, 1958, 72 
Stat. 1566.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6332..................................  34 U.S.C. 854a (provisos).           Ju
ne 25, 1938, ch. 690, Sec.  202
                                                                              (
provisos), 52 Stat. 1178.
                                        34 U.S.C. 854 (note).                Ju
ly 9, 1952, ch. 608, Sec.  803
                                                                              (
3d sentence), 66 Stat. 505.
-------------------------------------------------------------------------------
---------------------------------

    The words ``when not on active duty, to retainer pay or retired 
pay'' are substituted for the words ``pay and allowances''. The pay and 
allowances of a member on active duty are covered by the Career 
Compensation Act of 1949 (37 U.S.C. 231 et seq.). When not on active 
duty a member of the Fleet Reserve receives retainer pay and a retired 
member receives retired pay without allowances, the provision for 
allowances for retired members having been repealed as pointed out in 
the note on the preceding section. In the last sentence the words ``from 
the date of transfer'' are added to make it clear that a correction is 
retroactive to that date. The Court of Claims has so held (Dugan v. 
United States (1943), 100 Ct. Cl. 7).


                               Amendments

    1958--Pub. L. 85-861 substituted ``to retainer pay or retired pay in 
accordance'' for ``to retain pay or retired pay in accordance''.
    Pub. L. 85-583 inserted ``or the Retired Reserve'' after ``Navy'' in 
cl. (3) and after ``Marine Corps'' in cl. (4).


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 
33(g) of Pub. L. 85-861, set out as a note under section 101 of this 
title.
