§8334 Higher grade after 30 years of service: warrant officers and enlisted members

Summary

If a member of the naval service retired after December 4, 1987 with less than 30 years of active service, or was moved to the Fleet Reserve or Fleet Marine Corps Reserve, they can be moved up on the retired list once their active service plus time on the retired list or in the Fleet Reserve equals 30 years. The Navy Secretary decides the highest active-duty grade that counts as satisfactory for the promotion. This rule covers warrant officers, enlisted members of the Regular Navy and Regular Marine Corps, and reserve enlisted members who were on active duty when they retired or transferred. An enlisted member who is moved up gets a new retired or retainer pay calculation under formula A; a warrant officer uses formula B. For enlisted, the pay base is set under section 1406(d) or 1407; for warrant officers, the base is under section 1406(d). Each base is multiplied by the retired-pay multiplier in section 1409 for the number of years creditable (for enlisted, the years credited for retainer or retired pay at retirement; for warrants, the years credited under section 1405). If the result is not a whole dollar, it is rounded down to the next lower dollar. When figuring years for the multiplier, count each full month beyond the full years as 1/12 of a year and ignore any leftover fraction of a month.