§ 8330. Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay

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(a)The Fleet Reserve and the Fleet Marine Corps Reserve are composed of members of the naval service transferred thereto under this section.

(b)An enlisted member of the Regular Navy or the Navy Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Reserve. An enlisted member of the Regular Marine Corps or the Marine Corps Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Marine Corps Reserve.

(1)Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled, when not on active duty, to retainer pay computed under section 8333 of this title.

(2)A member may recompute his retainer pay under section 1402 or 1402a of this title, as appropriate, to reflect active duty after transfer.

(3)If the member has been credited by the Secretary of the Navy with extraordinary heroism in the line of duty, which determination by the Secretary is final and conclusive for all purposes, his retainer pay shall be increased by 10 percent.

(1)For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.

(2)In determining a member’s eligibility for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)—

(A)a completed minority enlistment of the member is counted as four years of active service, if creditable to the member for such purpose before December 31, 1977; and

(B)an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term, if creditable to the member for such purpose before December 31, 1977.

(A)Subject to subparagraph (B), in determining a member’s years of active service for the computation of retainer pay under subsection (c)—

(i)a completed minority enlistment of the member is counted as four years of active service; and

(ii)an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term.

(B)In the case of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section after December 30, 1977, service attributable under subparagraph

(A)to time which, after December 31, 1977, is not actually served by the member may not be counted.

(Aug. 10, 1956, ch. 1041, 70A Stat. 396, § 6330; Pub. L. 85–583, § 1(2), (3), Aug. 1, 1958, 72 Stat. 480; Pub. L. 90–207, § 3(4), Dec. 16, 1967, 81 Stat. 653; Pub. L. 96–342, title VIII, § 813(d)(5), Sept. 8, 1980, 94 Stat. 1105; Pub. L. 96–513, title V, § 513(17), (19), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 98–94, title IX, § 923(c)(3), Sept. 24, 1983, 97 Stat. 643; Pub. L. 99–348, title II, § 203(b)(6), title III, § 305(a)(1), July 1, 1986, 100 Stat. 696, 704; Pub. L. 101–189, div. A, title VI, § 652(a)(5), Nov. 29, 1989, 103 Stat. 1461;

Pub. L. 109–163, div. A, title V, § 515(b)(1)(J), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8330 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 words “officers” and “assigned” are omitted, since they are applicable only to the proviso in 34 U.S.C. 854, which is recommended for repeal as obsolete. (See Table 2A.) The words “including

(a)those former members of the Fleet Reserve who were transferred * * * but before the expiration of three months following discharge”, appearing in § 803 of the Armed Forces Reserve Act of 1952, 66 Stat. 505 (34 U.S.C. 854 (note)) are omitted as surplusage. These words merely illustrate the class of persons transferred to the Fleet Reserve under the Naval Reserve Act of 1938, 52 Stat. 1178, as referred to in the section from which these words were taken, and in no way limit that class or impose a citizenship requirement for membership in it. (See the opinion of the Judge Advocate General of the Navy, JAG:II:1:JFG:imz of February 17, 1953.)

In subsection

(b)reference to the date July 1, 1925, is omitted, since members who were in the naval service on or before that date may, if they are qualified and so elect, be transferred to the Fleet Reserve or to the Fleet Marine Corps Reserve under 34 U.S.C. 854c instead of under 34 U.S.C. 854b, as provided in the fifth proviso of 34 U.S.C. 854c. That proviso and the provisions of 34 U.S.C. 854b, which are applicable only to persons who were in the naval service in 1925, are not codified because they relate to a small closed class and are therefore of limited interest. They are not repealed, however. (See Table 2D.)

In subsections

(b)and

(c)the term “active service in the armed forces” is substituted for the term “active Federal service” to execute the definition in the last sentence of 34 U.S.C. 854c.

In subsection

(c)the words “is entitled, when not on active duty, to retainer pay at the rate of 2½ percent of the basic pay that he received at the time of transfer” are substituted for the words “except when on active duty, shall be paid at the annual rate of 2½ per centum of the annual base and longevity pay they are receiving at the time of transfer” to conform to the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.).

Subsection

(d)states the rule as to the method of counting minority and short-term enlistments, in connection with determining active service, in accordance with White v. United States, 97 F. Supp. 698.

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