§ 8327. Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay

701 words·~3 min read·/usc/title-10/section-8327

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(a)A member of the Navy 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 Navy 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 8330 of this title, is entitled to elect which of these benefits he is to receive.

(Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6327; Pub. L. 85–583, § 1(1), Aug. 1, 1958, 72 Stat. 480; Pub. L. 88–132, § 5(h)(5), Oct. 2, 1963, 77 Stat. 214; Pub. L. 109–163, div. A, title V, § 515(b)(1)(I), (3)(B), Jan. 6, 2006, 119 Stat. 3233, 3234; renumbered § 8327 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 “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 § 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.

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