republic-os/legal/us/code/title-10/chapter-841/section-8322.md

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LegalText	10 U.S.C. § 8322	Officers: 30 years	us	united_states_code	code_section	10	ARMED FORCES	841	VOLUNTARY RETIREMENT	8322	10 U.S.C. § 8322	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/s8322	data/legal/raw/us/code/title-10/usc10.xml	99d4f0a208ee16883ee7d1ba2bab312f43b4749a5e2f20c8092e929ba9b729e2	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	94a8fa77e0e7cf91bd2c1bd9138608a6ccfa2160b787d1457bcacde379a9fced	2026-07-04	official	legal us-code

10 U.S.C. § 8322 - Officers: 30 years

Text

(a) An officer of the Regular Navy or the Regular Marine Corps holding a permanent appointment in the grade of warrant officer, W–1, or above who applies for retirement after completing 30 or more years of active service may, in the discretion of the Secretary of the Navy, be retired.

(b) For the purpose of this section, an officer’s years of active service are computed by adding all his active service in the armed forces.

(Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6322; Pub. L. 96–342, title VIII, § 813(d)(1), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, § 513(17), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 99–348, title II, § 203(b)(1), July 1, 1986, 100 Stat. 696; renumbered § 8322, Pub. L. 115–232, 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) 632234 U.S.C. 383.May 13, 1908, ch. 166, 35 Stat. 128 (8th sentence, less proviso); June 17, 1948, ch. 497, § 1(d), 62 Stat. 477.  34 U.S.C. 879 (less applicability to enlisted men).June 4, 1920, ch. 228, § 3 (3d proviso, less applicability to enlisted men), 41 Stat. 835.  34 U.S.C. 626–1(a) (1st sentence).Aug. 7, 1947, ch. 512, § 314(a) (1st sentence), 61 Stat. 863; May 5, 1954, ch. 180, § 205, 68 Stat. 68. In subsection (a) the words “Regular” and “holding a permanent appointment in the grade of warrant officer, W–1, or above” are inserted for clarity. The words “after completing 30 or more years of active service” are substituted for the words “has been thirty years in the service” for clarity. The words “retired from active service” are omitted as surplusage. Subsection (b) is added to clarify the word “service”. It has been consistently interpreted to include active service in the armed forces as defined in this title. In subsection (c) the words “is entitled to retired pay at the rate of 75 percent of the highest basic pay of the grade in which retired” are substituted for the words “with three-fourths of the highest pay of his grade” for clarity and uniformity of expression.

Editorial Notes

Amendments2018—Pub. L. 115–232 renumbered section 6322 of this title as this section. 1986—Subsec. (c). Pub. L. 99–348 struck out subsec. (c) which provided that each officer retired under this section be entitled to retired pay, in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, at the rate of 75 percent of the highest basic pay of the grade in which retired, and in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, at the rate of 75 percent of the monthly retired pay base computed under section 1407(d). 1980—Subsec. (c). Pub. L. 96–513 substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing. Pub. L. 96–342 designated existing provisions as par. (1), inserted provision limiting applicability to officers who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.