# § 7344. Higher grade after 30 years of service: warrant officers and enlisted members
**(a)** Each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army.
**(b)** This section applies to—
**(1)** warrant officers of the Army;
**(2)** enlisted members of the Regular Army; and
**(3)** reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty).
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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 231, § 3964; Pub. L. 85–861, § 1(100), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 98–525, title V, § 533(c), Oct. 19, 1984, 98 Stat. 2528; Pub. L. 100–180, div. A, title V, § 512(a), Dec. 4, 1987, 101 Stat. 1089; renumbered § 7344, Pub. L. 115–232, div. A, title VIII, § 808(b)(13), Aug. 13, 2018, 132 Stat. 1839.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 3964 | 10:594 (1st proviso, less last 39 words; and last proviso).10:1004 (less 30 words before proviso). | Aug. 21, 1941, ch. 384, § 5 (1st proviso, less last 39 words; and last proviso); restated June 29, 1948, ch. 708, § 203(c) (1st proviso, less last 39 words; and last proviso), 62 Stat. 1085; May 29, 1954, ch. 249, § 19(f), 68 Stat. 167. |
| | | June 29, 1948, ch. 708, § 203(e) (less 30 words before proviso), 62 Stat. 1086. |
The words “when his active service plus his service on the retired list totals 30 years” are substituted for the words “upon the completion of thirty years’ [years of] service, to include the sum of his active service and his service on the retired list”, in 10:594 and 1004. The words “under any provision of law”, in 10:594 and 1004; “officer, flight officer, or warrant officer”, in 10:594; and “commissioned, warrant, or enlisted”, in 10:1004; are omitted as surplusage. 10:594 (last proviso) and 1004 (proviso) are omitted as superseded by .
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 3964 | 10 App.:1004. | May 31, 1956, ch. 348, § 1, 70 Stat. 222. |
## Editorial Notes
### Prior Provisions
A prior section 7344, , , related to suspension of naval aircraft construction in case of treaty for limitation of naval armament, prior to repeal by , , .
### Amendments
2018— renumbered as this section.
1987— substituted “warrant officers and enlisted members” for “Army warrant officers; regular enlisted members” in section catchline and amended text generally. Prior to amendment, text read as follows: “Each warrant officer of the Army, and each enlisted member of the Regular Army, who is retired before or after this title is enacted is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army.”
1984— substituted “highest grade” for “highest temporary grade”.
1958— struck out “, after and before ” after “Secretary of the Army”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2018 Amendment
Amendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
### Effective Date of 1987 Amendment
> “The amendments made by subsections (a) and (c) [amending this section and
>
> ] shall apply to any reserve enlisted member who completes 30 years of service in the Armed Forces before, on, or after the date of the enactment of this Act [
>
> ]. No person may be paid retired pay at a higher rate by reason of the enactment of this Act [
>
> , see Tables for classification] for any period before the date of the enactment of this Act.”
, , , provided that: