§8334 Higher Grade After 30 Years of Service: Warrant Officers and Enlisted Members

Summary

After December 4, 1987, naval members who retire with less than 30 years of active service or who move to the Fleet Reserve or Fleet Marine Corps Reserve have the right to be moved up on the retired list to the highest active-duty grade they held satisfactorily once their active service plus time on the retired list or in the reserve reaches 30 years. This applies to warrant officers, regular Navy and regular Marine Corps enlisted members, and reserve enlisted members who were on active duty when they retired or transferred. When advanced on the retired list, enlisted members get a new retired or retainer pay figured under formula A and warrant officers under formula B. If the recomputed amount is not a whole dollar, round down to the next lower dollar. For counting service toward the pay multiplier, each full month beyond whole years counts as 1/12 of a year and any leftover partial month is ignored. Formula A uses the retired pay base in sections 1406(d) or 1407 and the multiplier in section 1409 for years creditable at retirement. Formula B uses the retired pay base in section 1406(d) and the multiplier in section 1409 for years credited under section 1405.