# § 8322. Officers: 30 years
**(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.
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**Source Credit**: (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.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 6322 | 34 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
### Amendments
2018— renumbered as this section.
1986—Subsec. (c). 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 , 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 , at the rate of 75 percent of the monthly retired pay base computed under section 1407(d).
1980—Subsec. (c). substituted “” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.
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 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 1980 Amendment
Amendment by effective , see , set out as a note under .