
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: 10USC6334]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                    CHAPTER 571--VOLUNTARY RETIREMENT
 
Sec. 6334. Higher grade after 30 years of service: warrant 
        officers and enlisted members
        
    (a) Each member of the naval service covered by subsection (b) who, 
after December 4, 1987, is retired with less than 30 years of active 
service or is transferred to the Fleet Reserve or Fleet Marine Corps 
Reserve is entitled, when his active service plus his service on the 
retired list or his service in the Fleet Reserve or the Fleet Marine 
Corps Reserve totals 30 years, to be advanced on the retired list to the 
highest grade in which he served on active duty satisfactorily, as 
determined by the Secretary of the Navy.
    (b) This section applies to--
        (1) warrant officers of the naval service;
        (2) enlisted members of the Regular Navy and Regular Marine 
    Corps; and
        (3) reserve enlisted members of the Navy and Marine Corps who, 
    at the time of retirement or transfer to the Fleet Reserve or Fleet 
    Marine Corps Reserve, are serving on active duty.

    (c) An enlisted member of the naval service who is advanced on the 
retired list under this section is entitled to recompute his retired or 
retainer pay under formula A of the following table, and a warrant 
officer of the naval service so advanced is entitled to recompute his 
retired pay under formula B of that table. The amount recomputed, if not 
a multiple of $1, shall be rounded to the next lower multiple of $1.

------------------------------------------------------------------------
       Formula              Column 1 Take         Column 2 Multiply by
------------------------------------------------------------------------
          A           Retired pay base as       The retired pay
                       computed under section    multiplier prescribed
                       1406(d) or 1407 of this   in section 1409 of this
                       title.                    title for the number of
                                                 years creditable for
                                                 his retainer or retired
                                                 pay at the time of
                                                 retirement.\1\
          B           Retired pay base as       The retired pay
                       computed under section    multiplier prescribed
                       1406(d) of this title.    in section 1409 of this
                                                 title for the number of
                                                 years credited to him
                                                 under section 1405 of
                                                 this title.
------------------------------------------------------------------------
\1\ In determining the retired pay multiplier, credit each full month of
  service that is in addition to the number of full years of service
  creditable to the member as \1/12\ of a year and disregard any
  remaining fractional part of a month.

(Added Pub. L. 100-180, div. A, title V, Sec. 512(b), Dec. 4, 1987, 101 
Stat. 1089; amended Pub. L. 101-189, div. A, title XVI, Sec. 1622(g), 
Nov. 29, 1989, 103 Stat. 1605.)


                               Amendments

    1989--Subsec. (a). Pub. L. 101-189 substituted ``December 4, 1987'' 
for ``the date of the enactment of this section''.

                  Section Referred to in Other Sections

    This section is referred to in sections 1406, 6335 of this title.
