§304 Retirement of Commandant or Vice Commandant

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A prior section 304 was renumbered section 303 of this title. Another prior section 304, act Aug. 4, 1949, ch. 393, 63 Stat. 518, provided for voluntary retirement of warrant officers after thirty years’ service, with retired pay of grade with which retired, prior to repeal by act May 29, 1954, ch. 249, § 20(o), 68 Stat. 167, and by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177.

2025—Pub. L. 119–60 renumbered section 303 of this title as this section. 2022—Subsec. (a)(2). Pub. L. 117–263, § 11240(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A Vice Commandant who is not reappointed or appointed Commandant shall be retired with the grade of admiral at the expiration of the appointed term, except as provided in section 306(d).” Subsec. (c). Pub. L. 117–263, § 11240(2), substituted “or as an officer serving as Vice Commandant who has served less than 2 years as Vice Commandant” for “or Vice Commandant”. 2021—Subsec. (d). Pub. L. 116–283 added subsec. (d). 2018—Pub. L. 115–282, § 104(b), renumbered section 46 of this title as this section. Pub. L. 115–232, § 3528(a)(1), inserted “or Vice Commandant” after “Commandant” in section catchline. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 306(d)” for “section 51(d)” in pars. (1) and (2). Pub. L. 115–232, § 3528(a)(2), (3), designated existing provisions as par. (1) and added par. (2). Subsec. (b). Pub. L. 115–232, § 3528(a)(4), inserted “or Vice Commandant” after “Commandant”. Subsec. (c). Pub. L. 115–232, § 3528(a)(4), (5), inserted “or Vice Commandant” after “Commandant” and substituted “the officer’s” for “his”. 2016—Subsec. (a). Pub. L. 114–120 substituted “section” for “subsection”. 1993—Subsec. (a). Pub. L. 103–206 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any Commandant who is not reappointed shall, at the expiration of his term, be retired with the grade of admiral.” 1986—Pub. L. 99–348 struck out “and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant” after “admiral” in subsecs. (a) to (c). 1982—Subsec. (a). Pub. L. 97–295 substituted “Commandant” for “commandant”. 1966—Subsec. (c). Pub. L. 89–444, § 1(4), removed requirement that the Commandant serve 2½ years as Commandant before being eligible for retirement with the grade of admiral and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant. Subsec. (d). Pub. L. 89–444, § 1(5), repealed subsec. (d) which provided that a Commandant who retired within 2½ years of the date of his original appointment as Commandant would retire in his permanent grade and with the retired pay of that grade. 1963—Subsecs. (a) to (c). Pub. L. 88–130 substituted “of admiral and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant” for “and retired pay of admiral”. 1960—Pub. L. 86–474 authorized any Commandant who is not reappointed at the expiration of his term to be retired with the grade and retired pay of admiral, directed placement on the retired list with the grade and retired pay of admiral for a Commandant who is retired for physical disability, reduced from three to two and one-half years the period that the Commandant must serve before he may voluntarily apply retirement without regard to total length of service, and provided that any Commandant who retires within two and one-half years of the date of his original appointment as Commandant shall retire in his permanent grade and with the retired pay of that grade.