Notes on 10 U.S.C. § 1370 : US Code - Notes

Search Notes on 10 U.S.C. § 1370 : US Code - Notes

(Added Pub. L. 96-513, title I, Sec. 112, Dec. 12, 1980, 94 Stat.
2876; amended Pub. L. 101-510, div. A, title V, Sec. 522, Nov. 5,
1990, 104 Stat. 1561; Pub. L. 103-160, div. A, title V, Sec.
561(d), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 103-337, div. A,
title XVI, Secs. 1641, 1671(c)(7)(B), Oct. 5, 1994, 108 Stat. 2968,
3014; Pub. L. 104-106, div. A, title V, Sec. 502(a), (b), (f), (g),
Feb. 10, 1996, 110 Stat. 292, 293; Pub. L. 104-201, div. A, title
V, Sec. 544(a), Sept. 23, 1996, 110 Stat. 2522; Pub. L. 105-261,
div. A, title V, Secs. 512(a), 513(a), 561(d), (o), Oct. 17, 1998,
112 Stat. 2007, 2025, 2026; Pub. L. 106-65, div. A, title X, Sec.
1066(a)(9), (b)(3), Oct. 5, 1999, 113 Stat. 770, 772; Pub. L. 106-
398, Sec. 1 [[div. A], title V, Sec. 571(d)], Oct. 30, 2000, 114
Stat. 1654, 1654A-134; Pub. L. 107-107, div. A, title V, Secs. 502,
514, Dec. 28, 2001, 115 Stat. 1080, 1093; Pub. L. 107-314, div. A,
title V, Sec. 505, Dec. 2, 2002, 116 Stat. 2533; Pub. L. 108-136,
div. A, title V, Sec. 506, Nov. 24, 2003, 117 Stat. 1457; Pub. L.
109-163, div. A, title V, Sec. 501, Jan. 6, 2006, 119 Stat. 3225.)
AMENDMENTS
2006 - Subsec. (a)(2)(F). Pub. L. 109-163 added subpar. (F).
2003 - Subsec. (a)(2)(A). Pub. L. 108-136, Sec. 506(a), struck
out "in the case of retirements effective during the period
beginning on October 1, 2002, and ending on December 31, 2003"
after "two years".
Subsec. (d)(5)(A). Pub. L. 108-136, Sec. 506(b), substituted "two
years" for "2 years in the case of transfers to the Retired Reserve
and discharges of retirement-qualified officers effective during
the period beginning on October 1, 2002, and ending on December 31,
2003".
2002 - Subsec. (a)(2)(A). Pub. L. 107-314, Sec. 505(a)(1),
substituted "during the period beginning on October 1, 2002, and
ending on December 31, 2003" for "during the period beginning on
October 1, 1990, and ending on December 31, 2001".
Subsec. (a)(2)(B) to (E). Pub. L. 107-314, Sec. 505(a)(2), (3),
added subpars. (B) and (C) and redesignated former subpars. (B) and
(C) as (D) and (E), respectively.
Subsec. (d)(5), (6). Pub. L. 107-314, Sec. 505(b), designated
first sentence as subpar. (A), substituted "in the case of
transfers to the Retired Reserve and discharges of retirement-
qualified officers effective during the period beginning on
October 1, 2002, and ending on December 31, 2003" for "in the case
of retirements effective during the period beginning on October 17,
1998, and ending on December 31, 2001", and added subpars. (B) and
(C), and designated second sentence as (6) and substituted
"paragraph (5)" for "this paragraph".
Subsec. (e). Pub. L. 107-314, Sec. 505(c), added subsec. (e).
2001 - Subsec. (c)(3). Pub. L. 107-107, Sec. 502, added par. (3).
Subsec. (d)(3)(B). Pub. L. 107-107, Sec. 514, amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: "A
person covered by subparagraph (A) who has completed at least six
months of satisfactory service in grade and is transferred from an
active status or discharged as a reserve commissioned officer
solely due to the requirements of a nondiscretionary provision of
law requiring that transfer or discharge due to the person's age or
years of service may be credited with satisfactory service in the
grade in which serving at the time of such transfer or discharge,
notwithstanding failure of the person to complete three years of
service in that grade."
2000 - Subsecs. (a)(2)(A), (d)(5). Pub. L. 106-398 substituted
"December 31, 2001" for "September 30, 2001".
1999 - Subsec. (d)(1). Pub. L. 106-65, Sec. 1066(a)(9)(A),
substituted "chapter 1223" for "chapter 1225".
Subsec. (d)(3)(F). Pub. L. 106-65, Sec. 1066(b)(3), made
technical amendment to Pub. L. 105-261, Sec. 513(a). See 1998
Amendment note below.
Subsec. (d)(5). Pub. L. 106-65, Sec. 1066(a)(9)(B), substituted
"October 17, 1998," for "the date of the enactment of this
paragraph".
1998 - Subsec. (a)(2)(A). Pub. L. 105-261, Sec. 561(d),
substituted "during the period beginning on October 1, 1990, and
ending on September 30, 2001" for "during the nine-year period
beginning on October 1, 1990".
Subsec. (d)(3)(E). Pub. L. 105-261, Sec. 512(a), amended subpar.
(E) generally. Prior to amendment, subpar. (E) read as follows: "To
the extent authorized by the Secretary of the military department
concerned, a person who, after having been extended temporary
Federal recognition as a reserve officer of the Army National Guard
in a particular grade under section 308 of title 32 or temporary
Federal recognition as a reserve officer of the Air National Guard
in a particular grade under such section, served in a position for
which that grade is the minimum authorized grade may be credited
for purposes of subparagraph (A) as having served in that grade for
the period for which the person served in that position while
extended the temporary Federal recognition, but only if the person
was subsequently extended permanent Federal recognition as a
reserve officer in that grade and also served in that position
after being extended the permanent Federal recognition."
Subsec. (d)(3)(F). Pub. L. 105-261, Sec. 513(a), as amended by
Pub. L. 106-65, Sec. 1066(b)(3), added subpar. (F).
Subsec. (d)(5). Pub. L. 105-261, Sec. 561(o), added par. (5).
1996 - Subsec. (a). Pub. L. 104-106, Sec. 502(g)(1), inserted
heading.
Subsec. (a)(2)(A). Pub. L. 104-106, Sec. 502(a)(1), struck out
"and below lieutenant general or vice admiral" after "commander".
Subsec. (a)(2)(C). Pub. L. 104-106, Sec. 502(f), substituted "In
the case of a grade below the grade of lieutenant general or vice
admiral, the number of members of one of the armed forces in that
grade" for "The number of officers in an armed force in a grade".
Subsec. (b). Pub. L. 104-106, Sec. 502(g)(2), inserted heading.
Subsec. (c). Pub. L. 104-106, Sec. 502(b), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "Upon
retirement an officer of the Army, Navy, Air Force, or Marine Corps
who is serving in or has served in a position of importance and
responsibility designated by the President to carry the grade of
general or admiral or lieutenant general or vice admiral under
section 601 of this title may, in the discretion of the President,
be retired, by and with the advice and consent of the Senate, in
the highest grade held by him while serving on active duty."
Subsec. (d). Pub. L. 104-106, Sec. 502(g)(3), inserted heading.
Subsec. (d)(2). Pub. L. 104-201, Sec. 544(a)(2), redesignated
subpar. (A) as entire par. (2). Former subpar. (B) redesignated
subsec. (d)(3).
Subsec. (d)(2)(B). Pub. L. 104-106, Sec. 502(a)(2), struck out
"and below lieutenant general or vice admiral" after "commander" in
first sentence.
Subsec. (d)(3). Pub. L. 104-201, Sec. 544(a)(3), (4),
redesignated subsec. (d)(2)(B) as par. (3), designated first and
second sentences as subpars. (A) and (B), respectively, in subpar.
(B), substituted "subparagraph (A)" for "the preceding sentence",
and added subpars. (C) to (E). Former par. (3) redesignated (4).
Subsec. (d)(4). Pub. L. 104-201, Sec. 544(a)(1), redesignated
par. (3) as (4).
1994 - Subsec. (a)(1). Pub. L. 103-337, Sec. 1671(c)(7)(B),
substituted "chapter 1223" for "chapter 67".
Subsec. (d). Pub. L. 103-337, Sec. 1641, added subsec. (d).
1993 - Subsec. (a)(2)(A). Pub. L. 103-160 substituted "nine-year
period" for "five-year period".
1990 - Subsec. (a)(2). Pub. L. 101-510 inserted "(A)" after
"(2)", inserted before period at end of first sentence ", except
that the Secretary of Defense may authorize the Secretary of a
military department to reduce such period to a period not less than
two years in the case of retirements effective during the five-year
period beginning on October 1, 1990", designated second and third
sentences as subpar. (B), substituted "subparagraph (A)" for "the
preceding sentence", and added subpar. (C).
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-65, div. A, title X, Sec. 1066(b), Oct. 5, 1999, 113
Stat. 772, provided that the amendment made by section 1066(b) is
effective Oct. 17, 1998, and as if included in the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999, Pub. L.
105-261, as enacted.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-261, div. A, title V, Sec. 512(b), Oct. 17, 1998, 112
Stat. 2007, provided that: "The amendment made by subsection (a)
[amending this section] shall take effect on the date of the
enactment of this Act [Oct. 17, 1998] and shall apply with respect
to appointments to higher grades that take effect after that date."
Pub. L. 105-261, div. A, title V, Sec. 513(b), Oct. 17, 1998, 112
Stat. 2008, provided that: "Subparagraph (F) of such section
[subsec. (d)(3)(F) of this section], as added by subsection (a),
shall take effect on the date of the enactment of this Act [Oct.
17, 1998] and shall apply with respect to transfers referred to in
such subparagraph that are made on or after that date."
EFFECTIVE DATE OF 1996 AMENDMENT
Section 502(e) of Pub. L. 104-106 provided that: "The amendment
made by subsection (a)(2) [amending this section] shall take effect
on October 1, 1996, immediately after subsection (d) of section
1370 of title 10, United States Code, takes effect under section
1691(b)(1) of the Reserve Officer Personnel Management Act (108
Stat. 3026) [Pub. L. 103-337, set out as a note under section 10001
of this title]."
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 1671(c)(7)(B) of Pub. L. 103-337 effective
Dec. 1, 1994, except as otherwise provided, and amendment by
section 1641 of Pub. L. 103-337 effective Oct. 1, 1996, see section
1691 of Pub. L. 103-337, set out as an Effective Date note under
section 10001 of this title.
EFFECTIVE DATE
Section effective Sept. 15, 1981, but the authority to prescribe
regulations under this section effective on Dec. 12, 1980, see
section 701 of Pub. L. 96-513, set out as an Effective Date of 1980
Amendment note under section 101 of this title.
TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT
ACT
For provisions relating to the time-in-grade requirement for
voluntary retirement of officers not subsequently promoted, see
section 629 of Pub. L. 96-513, set out as a note under section 611
of this title.