10 USC 8330 - Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay

U.S Code last checked for updates: Nov 22, 2024

§ 8330.

Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay

(a)

The Fleet Reserve and the Fleet Marine Corps Reserve are composed of members of the naval service transferred thereto under this section.

(b)

An enlisted member of the Regular Navy or the Navy Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Reserve. An enlisted member of the Regular Marine Corps or the Marine Corps Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Marine Corps Reserve.

(c)

(1)

Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled, when not on active duty, to retainer pay computed under section 8333 of this title.

(2)

A member may recompute his retainer pay under section 1402 or 1402a of this title, as appropriate, to reflect active duty after transfer.

(3)

If the member has been credited by the Secretary of the Navy with extraordinary heroism in the line of duty, which determination by the Secretary is final and conclusive for all purposes, his retainer pay shall be increased by 10 percent.

(d)

(1)

For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.

(2)

In determining a member’s eligibility for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)—

(A)

a completed minority enlistment of the member is counted as four years of active service, if creditable to the member for such purpose before December 31, 1977; and

(B)

an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term, if creditable to the member for such purpose before December 31, 1977.

(3)

(A)

Subject to subparagraph (B), in determining a member’s years of active service for the computation of retainer pay under subsection (c)—

(i)

a completed minority enlistment of the member is counted as four years of active service; and

(ii)

an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term.

(B)

In the case of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section after December 30, 1977, service attributable under subparagraph (A) to time which, after December 31, 1977, is not actually served by the member may not be counted.

(Aug. 10, 1956, ch. 1041, 70A Stat. 396, § 6330; Pub. L. 85–583, § 1(2), (3), Aug. 1, 1958, 72 Stat. 480; Pub. L. 90–207, § 3(4), Dec. 16, 1967, 81 Stat. 653; Pub. L. 96–342, title VIII, § 813(d)(5), Sept. 8, 1980, 94 Stat. 1105; Pub. L. 96–513, title V, § 513(17), (19), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 98–94, title IX, § 923(c)(3), Sept. 24, 1983, 97 Stat. 643; Pub. L. 99–348, title II, § 203(b)(6), title III, § 305(a)(1), July 1, 1986, 100 Stat. 696, 704; Pub. L. 101–189, div. A, title VI, § 652(a)(5), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 109–163, div. A, title V, § 515(b)(1)(J), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8330 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

cite as: 10 USC 8330