Aug. 10, 1956, ch. 104170A Stat. 395Pub. L. 85–583, § 1(1)72 Stat. 480Pub. L. 88–132, § 5(h)(5)77 Stat. 214Pub. L. 109–163, div. A, title V, § 515(b)(1)(I)119 Stat. 3233Pub. L. 115–232, div. A, title VIII132 Stat. 1836(, , § 6327; , , ; , , ; , (3)(B), , , 3234; renumbered § 8327 and amended , §§ 807(b)(15), 809(a), , , 1840.)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
6327 | 50 U.S.C. 1052(a), (b), (d), (e), (f). | July 9, 1952, ch. 608, § 413(a), (b), (d), (e), (f), 66 Stat. 499. |
50 U.S.C. 105250 U.S.C. 105250 U.S.C. 105250 U.S.C. 1052In subsection (a) the word “Federal” is omitted and the words “in the armed forces, other than active duty for training” are inserted. The words “active Federal service” are not defined in . Section 310 of the Naval Reserve Act of 1938, which replaced, specifies active service in the “Army, Navy, Marine Corps, Coast Guard, Naval Auxiliary Service, Naval Reserve Force, Naval Militia in Federal status, National Naval Volunteers, Naval Reserve, Marine Corps Reserve Force, and Marine Corps Reserve.” was intended to preserve the rights of persons who, on , were members of reserve components, so that they would not be prejudiced by the repeal of § 310 of the Naval Reserve Act of 1938 (U.S. Code Congressional and Administrative News, 1952, p. 3584). To effect that purpose, the service that was creditable under the 1938 Act must be creditable under . The words “active service in the armed forces, other than active duty for training” cover all creditable service. The Judge Advocate General of the Navy, in an opinion dated (JAG II:2:WGA:CA:mk), held that active duty for training was not creditable under the 1938 Act and is, therefore, not creditable under the 1952 Act.
Editorial Notes
Amendments
Pub. L. 115–232, § 807(b)(15)section 6327 of this title2018—, renumbered as this section.
Pub. L. 115–232, § 809(a)Subsec. (e). , substituted “section 8330” for “section 6330”.
Pub. L. 109–163, § 515(b)(3)(B)2006—, substituted “Navy Reserve” for “Naval Reserve” in section catchline.
Pub. L. 109–163, § 515(b)(1)(I)Subsecs. (a), (c). , substituted “Navy Reserve” for “Naval Reserve”.
Pub. L. 88–1321963—Subsec. (b). substituted “of the grade in which retired” for “to which he would be entitled if on active duty” after “50 percent of the basic pay”.
Pub. L. 85–5831958—Subsec. (e). entitled eligible members of Naval Reserve or Marine Corps Reserve to elect to transfer to Fleet Reserve or Fleet Marine Corps Reserve.
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 1963 Amendment
Pub. L. 88–132section 14 of Pub. L. 88–132section 201 of Title 37Amendment by effective , see , set out as a note under , Pay and Allowances of the Uniformed Services.