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Historical and Revision Notes
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6326
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34 U.S.C. 431.
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Mar. 3, 1899, ch. 413, § 17, 30 Stat. 1008; Mar. 2, 1907, ch. 2515, § 1, 34 Stat. 1217.
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34 U.S.C. 432.
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Mar. 3, 1899, ch. 413, § 17, 30 Stat. 1008; June 22, 1906, ch. 3518, 34 Stat. 451; Mar. 2, 1907, ch. 2515, § 1, 34 Stat. 1217; June 4, 1920, ch. 228, § 3 (3d proviso as applicable to enlisted men), 41 Stat. 835.
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34 U.S.C. 879 (as applicable to enlisted men).
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June 4, 1920, ch. 228, § 3 (3d proviso as applicable to enlisted men), 41 Stat. 835.
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34 U.S.C. 3c(e).
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Aug. 7, 1947, ch. 512, § 302(e), 61 Stat. 829.
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34 U.S.C. 350f(a) (less provisos).
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July 24, 1941, ch. 320, § 7(a) (less provisos), 55 Stat. 604; Nov. 30, 1942, ch. 643, 56 Stat. 1023.
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34 U.S.C. 410m.
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Aug. 7, 1947, ch. 512, § 316(j), 61 Stat. 868.
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34 U.S.C. 350i(e).
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July 24, 1941, ch. 320, § 10(e), 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8(a), 60 Stat. 28.
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In subsection (a) the word “Regular” is inserted before the words “Navy” and “Marine Corps” to reflect the longstanding interpretation that 34 U.S.C. 431 applies only to members of the Regular Navy and Regular Marine Corps. So much of the Act of March 2, 1907, ch. 2515, § 1 (34 U.S.C. 431), as pertains to allowances and rations was expressly repealed by the Act of June 16, 1942, ch. 413, 56 Stat. 369. The words “active service in the armed forces” are substituted for 34 U.S.C. 432 for brevity. The reference to the former Revenue Cutter Service in 34 U.S.C. 432 is omitted as obsolete, inasmuch as that Service was absorbed by the Coast Guard in 1915. If there are any enlisted men not yet retired who served in the Revenue Cutter Service, their right to count that service for the purpose of this section is protected by the saving provisions accompanying this title. The reference to active service in the Civil or Spanish-American War in 34 U.S.C. 432 is omitted as obsolete.
Subsection (b) is inserted to cover into the section permanent enlisted members who are temporarily appointed to commissioned or warrant grades.
In subsection (c) the word “grade” is substituted for the words “rating or rank” and the words “is entitled to retired pay at the rate of 75 percent of the basic pay to which he would be entitled if serving on active duty in the grade in which retired” are substituted for the words “and with 75 per centum of the pay of the said rating or rank” to conform to the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.).
Subsection (d) is substituted for 34 U.S.C. 350i(e) as that section pertains to voluntary retirement of enlisted members with 30 years of active service.
Amendments
2018—Pub. L. 115–232, § 807(b)(15), renumbered section 6326 of this title as this section.
Subsec. (c)(2). Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”.
1986—Subsec. (c). Pub. L. 99–348 substituted provision that retired pay be computed under section 6333 for provision that retired pay, in the case of a person who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at the rate of 75 percent of the basic pay of the pay grade in which he was serving on the day before retirement or, if he served as master chief petty officer of the Navy or as sergeant major of the Marine Corps, 75 percent of the highest basic pay to which he was entitled while so serving, if that rate was higher, or in the case of a person who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be computed by multiplying the monthly retired pay base computed under section 1407(d) by 75 percent.
1980—Subsec. (c)(2). Pub. L. 96–513 substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing, and “master chief petty officer” for “senior enlisted advisor”.
Pub. L. 96–342 designated existing provisions as subpar. (A), inserted provision limiting applicability to persons who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added subpar. (B).
1967—Subsec. (c)(2). Pub. L. 90–207 inserted “, or if he has served as senior enlisted advisor of the Navy or as sergeant major of the Marine Corps, he shall be entitled to retired pay at the rate of 75 percent of the highest basic pay to which he was entitled while so serving, if that rate is higher” after “retirement”.
1963—Subsec. (c)(2). Pub. L. 88–132 substituted “of” for “to which he would be entitled is serving on active duty in” after “75 percent of the basic pay”.
1958—Subsec. (c)(2). Pub. L. 85–422 substituted “pay grade in which he was serving on the day before retirement” for “grade in which retired”.
Subsec. (d). Pub. L. 85–861 repealed subsec. (d) which related to grade of members serving in a grade to which they were appointed under section 5597 or promoted under section 5787 of this title.
