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2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 8332 Conclusiveness of transfers us united_states_code code_section 10 ARMED FORCES 841 VOLUNTARY RETIREMENT 8332 10 U.S.C. § 8332 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s8332 data/legal/raw/us/code/title-10/usc10.xml 12a126453f65929ef489ea41641a08641320f7e84b6f41c5c01a424bc8ac7230 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 4f637e7e80343139f881accfbe5f29a36f70dfaad1b03eea92690d3e221f7284 2026-07-04 official
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10 U.S.C. § 8332 - Conclusiveness of transfers

Text

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 members 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, § 6332; Pub. L. 85583, § 1(7), Aug. 1, 1958, 72 Stat. 480; Pub. L. 85861, § 33(a)(33), Sept. 2, 1958, 72 Stat. 1566; renumbered § 8332, Pub. L. 115232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 633234 U.S.C. 854a (provisos).June 25, 1938, ch. 690, § 202 (provisos), 52 Stat. 1178. 34 U.S.C. 854 (note).July 9, 1952, ch. 608, § 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).

Editorial Notes

Amendments2018—Pub. L. 115232 renumbered section 6332 of this title as this section. 1958—Pub. L. 85861 substituted “to retainer pay or retired pay in accordance” for “to retain pay or retired pay in accordance”. Pub. L. 85583 inserted “or the Retired Reserve” after “Navy” in cl. (3) and after “Marine Corps” in cl. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of this title.

Effective Date of 1958 AmendmentAmendment by Pub. L. 85861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85861, set out as a note under section 101 of this title.