10 U.S. Code § 3924 - Forty years or more: Army officers

(a) Except as provided in section 1186 of this title, a commissioned officer of the Army who has at least 40 years of service computed under section 3926 of this title shall be retired upon his request.
(b) Any warrant officer of the Army who has at least 40 years of service computed under section 3926 (a) of this title shall be retired upon his request.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 227; Pub. L. 96–513, title V, § 502(17),Dec. 12, 1980, 94 Stat. 2910.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
3924(a)
3924(b) 10:942 (as applicable to commissioned officers).
10:942 (less applicability to commissioned officers). June 30, 1882, ch. 254 (last 21 words of 3d proviso under “Pay Department”), 22 Stat. 118.

In subsection (a), the words “except as provided in section 3786 of this title” are inserted, since, under that revised section, when board proceedings are pending against a commissioned officer, his right to retire under this revised section, which is otherwise absolute, is discretionary with the Secretary under that revised section.
In subsections (a) and (b), the words “or volunteer service, or both” are omitted as obsolete in accordance with an opinion of the Attorney General, 22 Ops. Atty. Gen. 199, August 30, 1898, holding that such words refer to volunteer service in the Civil War. The words “upon his request” are substituted for the words “if he make application therefor to the President”.
In subsection (b), the applicability of 10:942 to warrant officers is based on an opinion of the Judge Advocate General of the Army (JAGA 1950/6951, 4 Jan. 1951), which holds that 10:594 (less provisos) makes 10:942 applicable to warrant officers.
Amendments

1980—Subsec. (a). Pub. L. 96–513substituted “1186” for “3786”.
Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513, effective Sept. 15, 1981, see section 701 ofPub. L. 96–513, set out as a note under section 101 of this title.

 

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