Public Law 119-73 (01/23/2026)

10 U.S.C. § 7324

Forty years or more: Army officers

(a)
section 1186 of this titlesection 7326 of this title Except as provided in , a commissioned officer of the Army who has at least 40 years of service computed under shall be retired upon his request.
(b)
section 7326(a) of this title Any warrant officer of the Army who has at least 40 years of service computed under shall be retired upon his request.

Aug. 10, 1956, ch. 104170A Stat. 227Pub. L. 96–513, title V, § 502(17)94 Stat. 2910Pub. L. 115–232, div. A, title VIII132 Stat. 1838(, , § 3924; , , ; renumbered § 7324 and amended , §§ 808(b)(12), 809(a), , , 1840.)

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.

section 3786 of this titleIn subsection (a), the words “except as provided in ” 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, , 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.

Editorial Notes

Amendments

Pub. L. 115–232, § 808(b)(12)section 3924 of this title2018—, renumbered as this section.

Pub. L. 115–232, § 809(a)Subsec. (a). , substituted “section 7326” for “section 3926”.

Pub. L. 115–232, § 809(a)Subsec. (b). , substituted “section 7326(a)” for “section 3926(a)”.

Pub. L. 96–5131980—Subsec. (a). substituted “1186” for “3786”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment 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

Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by , effective , see , set out as a note under .