Title 10 — Armed ForcesRelease 119-73
§7344 Higher grade after 30 years of service: warrant officers and enlisted members
Title 10 › Subtitle Subtitle B— - Army › Part PART II— - PERSONNEL › Chapter CHAPTER 743— - RETIRED GRADE › § 7344
Summary
When Army members who retired with under 30 years of active service later reach 30 years by counting their active service plus time on the retired list, they are advanced on the retired list to their highest satisfactorily held rank. It covers warrant officers and enlisted (Regular and reserve on active duty or full‑time National Guard duty at retirement). The Secretary of the Army decides.
Full Legal Text
Title 10, §7344
Armed Forces — Source: USLM XML via OLRC
(a)Each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army.
(b)This section applies to—
(1)warrant officers of the Army;
(2)enlisted members of the Regular Army; and
(3)reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty).
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 396410:594 (1st proviso, less last 39 words; and last proviso).10:1004 (less 30 words before proviso).Aug. 21, 1941, ch. 384, § 5 (1st proviso, less last 39 words; and last proviso); restated
June 29, 1948, ch. 708, § 203(c) (1st proviso, less last 39 words; and last proviso), 62 Stat. 1085;
May 29, 1954, ch. 249, § 19(f), 68 Stat. 167.
June 29, 1948, ch. 708, § 203(e) (less 30 words before proviso), 62 Stat. 1086. The words “when his active service plus his service on the retired list totals 30 years” are substituted for the words “upon the completion of thirty years’ [years of] service, to include the sum of his active service and his service on the retired list”, in 10:594 and 1004. The words “under any provision of law”, in 10:594 and 1004; “officer, flight officer, or warrant officer”, in 10:594; and “commissioned, warrant, or enlisted”, in 10:1004; are omitted as surplusage. 10:594 (last proviso) and 1004 (proviso) are omitted as superseded by section 1372 of this title. 1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 396410 App.:1004.
May 31, 1956, ch. 348, § 1, 70 Stat. 222.
Editorial Notes
Prior Provisions
A prior section 7344, act Aug. 10, 1956, ch. 1041, 70A Stat. 454, related to suspension of naval aircraft
Construction
in case of treaty for limitation of naval armament, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(9), Nov. 30, 1993, 107 Stat. 1708.
Amendments
2018—Pub. L. 115–232 renumbered section 3964 of this title as this section. 1987—Pub. L. 100–180 substituted “warrant officers and enlisted members” for “Army warrant officers; regular enlisted members” in section catchline and amended text generally. Prior to amendment, text read as follows: “Each warrant officer of the Army, and each enlisted member of the Regular Army, who is retired before or after this title is enacted is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army.” 1984—Pub. L. 98–525 substituted “highest grade” for “highest temporary grade”. 1958—Pub. L. 85–861 struck out “, after
September 8, 1940 and before
July 1, 1946” after “Secretary of the Army”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
Amendments
and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date
of 1987 Amendment Pub. L. 100–180, div. A, title V, § 512(f), Dec. 4, 1987, 101 Stat. 1091, provided that: “The
Amendments
made by subsections (a) and (c) [amending this section and section 8964 of this title] shall apply to any reserve enlisted member who completes 30 years of service in the Armed Forces before, on, or after the date of the enactment of this Act [Dec. 4, 1987]. No person may be paid retired pay at a higher rate by reason of the enactment of this Act [Pub. L. 100–180, see Tables for classification] for any period before the date of the enactment of this Act.”
Reference
Citations & Metadata
Citation
10 U.S.C. § 7344
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73