10 U.S.C. § 8332: Conclusiveness of transfers

Summary

When the Secretary of the Navy transfers a sailor or Marine to the Fleet Reserve, the Fleet Marine Corps Reserve, or from those reserves to the retired lists of the Regular Navy or Regular Marine Corps or the Retired Reserve, the transfer is final. When the member is not on active duty, they must get retainer or retired pay from the transfer date based on their rank and years of service as the Secretary decides. If the Secretary fixes a mistake about rank or years, pay is adjusted from the transfer date to match the correction.

Title 10, §8332

Armed Forces, Source: USLM XML via OLRC

When a member of the naval service is transferred by the Secretary of the Navy—

(1)to the Fleet Reserve;

(2)to the Fleet Marine Corps Reserve;

(3)from the Fleet Reserve to the retired list of the Regular Navy or the Retired Reserve; or

(4)from the Fleet Marine Corps Reserve to the retired list of the Regular Marine Corps or the Retired Reserve;

the transfer is conclusive for all purposes. Each member so transferred is entitled, when not on active duty, to retainer pay or retired pay from the date of transfer in accordance with his grade and number of years of creditable service as determined by the Secretary. The Secretary may correct any error or omission in his determination as to a member’s grade and years of creditable service. When such a correction is made, the member is entitled, when not on active duty, to retainer pay or retired pay in accordance with his grade and number of years of creditable service, as corrected, from the date of transfer.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 633234 U.S.C. 854a (provisos).

June 25, 1938, ch. 690, § 202 (provisos), 52 Stat. 1178. 34 U.S.C. 854 (note).

July 9, 1952, ch. 608, § 803 (3d sentence), 66 Stat. 505. The words “when not on active duty, to retainer pay or retired pay” are substituted for the words “pay and allowances”. The pay and allowances of a member on active duty are covered by the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.). When not on active duty a member of the Fleet Reserve receives retainer pay and a retired member receives retired pay without allowances, the provision for allowances for retired members having been repealed as pointed out in the note on the preceding section. In the last sentence the words “from the date of transfer” are added to make it clear that a correction is retroactive to that date. The Court of Claims has so held (Dugan v. United States (1943), 100 Ct. Cl. 7).

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6332 of this title as this section. 1958—Pub. L. 85–861 substituted “to retainer pay or retired pay in accordance” for “to retain pay or retired pay in accordance”. Pub. L. 85–583 inserted “or the Retired Reserve” after “Navy” in cl. (3) and after “Marine Corps” in cl. (4).

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 1958 AmendmentAmendment 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.

§8332 Conclusiveness of Transfers

Summary

Title 10, §8332

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Citations & Metadata