1956 ACT

Revised Source (U.S. Code) Source (Statutes at section Large)

3914 10:948 (1st sentence). Oct. 6, 1945, ch. 393, Sec. 4 (1st sentence); restated Aug. 10, 1946, ch. 952, Sec. 6(a) (1st sentence), 60 Stat. 996. 10:948a. Aug. 10, 1946, ch. 952, Sec. 7, 60 Stat. 996.

The words "now or hereafter", in 10:948a, are omitted as surplusage.

The words "computed under section 3925 of this title" are substituted for the words "active Federal service", in 10:948, and "active Federal military service", in 10:948a, since that revised section makes explicit the service covered.

The words "be retired" are substituted for the words "will be placed on the retired list of", in 10:948. The words "completed a minimum", in 10:948; and "the period of", "be subject to", "periods of", and "now or after August 10, 1946", in 10:948a; are omitted as surplusage. 1958 ACT The change makes clear that the Secretary of the Army is required to prescribe regulations in this case, and conforms this section to section 8914, its Air Force counterpart.

AMENDMENTS 1994 - Pub. L. 103-337 struck out at end "A regular enlisted member then becomes a member of the Army Reserve. A member retired under this section shall perform such active duty as may be prescribed by law until his service computed under section 3925 of this title, plus his inactive service as a member of the Army Reserve, equals 30 years." 1980 - Pub. L. 96-343 struck out "regular" before "enlisted members" in section catchline and substituted in section "an enlisted member" for "a regular enlisted member", "A regular enlisted member" for "He", and "Army Reserve. A member retired under this section" for "Army Reserve, and". 1958 - Pub. L. 85-861 substituted "regulations to be prescribed" for "regulations prescribed".

EFFECTIVE DATE OF 1980 AMENDMENT

Section 9(c) of Pub. L. 96-343 provided that: "The amendments made by this section [amending this section and sections 3925, 8914, and 8925 of this title] shall apply with respect to retired pay payable for months beginning after the date of the enactment of this Act [Sept. 8, 1980]."

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note under section 101 of this title.

TEMPORARY EARLY RETIREMENT AUTHORITY For provisions authorizing the Secretary of the Army, during the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this section to an enlisted member with at least 15 but less than 20 years of service by substituting "at least 15" for "at least 20", see section 4403 of Pub. L. 102-484, set out as a note under section 1293 of this title.

DOUBLE CREDITS FOR FOREIGN SERVICE BY ENLISTED MEN Acts May 26, 1900, ch. 586, 31 Stat. 209; Mar. 2, 1903, ch. 975, 32 Stat. 933; Apr. 23, 1904, ch. 1485, 33 Stat. 264; Aug. 24, 1912, ch. 391, Sec. 1, 37 Stat. 575; May 17, 1932, ch. 190, 47 Stat. 158, provided that: "In computing length of service for retirement, credit shall be given soldiers for double the time of their actual service in China, Puerto Rico, Cuba, the Philippine Islands, the Island of Guam, Alaska, and Panama, but double credit shall not be given for service rendered subsequent to April 23, 1904, in Puerto Rico or the Territory of Hawaii, nor shall credit for double time for foreign service be given to those who enlisted after August 24, 1912: Provided, That nothing herein shall be so construed as to forfeit credit for double time accrued prior to August 24, 1912."

Section Referred To In Other Sections

This section is referred to in sections 688, 1176, 1402, 1402a, 1406, 1407, 3963 of this title.