§ 8326. Enlisted members: 30 years

1,168 words·~5 min read·/usc/title-10/section-8326

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 8333 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6326; Pub. L. 85–422, § 6(9), May 20, 1958, 72 Stat. 129; Pub. L. 85–861, § 36B(20), Sept. 2, 1958, 72 Stat. 1571; Pub. L. 88–132, § 5(h)(4), Oct. 2, 1963, 77 Stat. 214; Pub. L. 90–207, § 3(3), Dec. 16, 1967, 81 Stat. 653; Pub. L. 96–342, title VIII, § 813(d)(4), Sept. 8, 1980, 94 Stat. 1105; Pub. L. 96–513, title V, § 513(17), (19), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 99–348, title II, § 203(b)(4), July 1, 1986, 100 Stat. 696; renumbered § 8326 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

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So much of the Act of March 2, 1907, ch. 2515, § 1 (34 U.S.C. 431), as pertains to allowances and rations was expressly repealed by the Act of June 16, 1942, ch. 413, 56 Stat. 369.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.

Connections1 cite this · traces to 8

Cited by 1 section

U.S. Code