10-U.S.C.-6321
§6321 – officers: 40 Years
Pathway
Title 10 > Subtitle C > Part II > Chapter 571 > Section 6321
Details
- Reference: Section 6321
- Legend: §6321 – officers: 40 Years
- USCode Year: 2013
Provision Content
(a) Each 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 40 or more years of active service shall be retired by the Secretary of the Navy.
(b) For the purpose of this section, an officers years of active service are computed by adding all his active service in the armed forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 393.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6321 | 34 U.S.C. 381. | R.S. 1443; June 17, 1948, ch. 497, §1(a), 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 word shall is substituted for the word may because the Attorney General has construed R.S. 1443 as conferring a right to retirement upon officers who apply for it after 40 years of service (30 Op. Atty. Gen. 406). The words from active service are omitted as surplusage. The words after completing 40 or more years of active service are substituted for the words has been forty years in the service of the United States for clarity.
In subsection (b) the accepted meaning of the words service of the United States is spelled out for clarity. They have been consistently interpreted to include active service in the armed forces as defined in this title.
U.S. Encyclopedia of Law Coverage
Chapter 569 – Discharge of Enlisted Members in the Legal Encyclopedia: Navy
In this entry about Chapter 569 – Discharge of Enlisted Members, find legal reference material, bibliographies and premiere content related to navy in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy-specific issues, written by authorities in the field.
10-U.S.C.-6253 in the Legal Encyclopedia: Navy Personnel
In this entry about 10-U.S.C.-6253, find legal reference material, bibliographies and premiere content related to navy personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy personnel-specific issues, written by authorities in the field.
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