§ 7311. Twenty years or more: regular or reserve commissioned officers

• (a) The Secretary of the Army may, upon the officer’s request, retire a regular or reserve commissioned officer of the Army who has at least 20 years of service computed under section 7326 of this title , at least 10 years of which have been active service as a commissioned officer.
• (b)
  • (1) The Secretary of Defense may authorize the Secretary of the Army, during the period specified in paragraph (2), to reduce the requirement under subsection (a) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Army) of not less than eight years.
  • (2) The period specified in this paragraph is the period beginning on January 7, 2011 , and ending on September 30, 2018 .

§ 7314. Twenty to thirty years: enlisted members

Under regulations to be prescribed by the Secretary of the Army, an enlisted member of the Army who has at least 20, but less than 30, years of service computed under section 7325 of this title may, upon his request, be retired.

§ 7317. Thirty years or more: regular enlisted members

A regular enlisted member of the Army who has at least 30 years of service computed under section 7325 of this title shall be retired upon his request.

§ 7318. Thirty years or more: regular commissioned officers

A regular commissioned officer of the Army who has at least 30 years of service computed under section 7326 of this title may be retired upon his request, in the discretion of the President.

§ 7320. More than thirty years: permanent professors and the Director of Admissions of the United States Military Academy

• (a) The Secretary of the Army may retire an officer specified in subsection (b) who has more than 30 years of service as a commissioned officer.
• (b) Subsection (a) applies in the case of the following officers:
  • (1) Any permanent professor of the United States Military Academy.
  • (2) The Director of Admissions of the United States Military Academy.

§ 7321. Mandatory retirement: Superintendent of the United States Military Academy; waiver authority

• (a) Upon the termination of the detail of an officer to the position of Superintendent of the United States Military Academy, the Secretary of the Army shall retire the officer under any provision of this chapter under which that officer is eligible to retire.
• (b) The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment.

§ 7324. Forty years or more: Army officers

• (a) Except as provided in section 1186 of this title , a commissioned officer of the Army who has at least 40 years of service computed under section 7326 of this title shall be retired upon his request.
• (b) Any warrant officer of the Army who has at least 40 years of service computed under section 7326(a) of this title shall be retired upon his request.

§ 7325. Computation of years of service: voluntary retirement; enlisted members

• (a) For the purpose of determining whether an enlisted member of the Army may be retired under section 7314 or 7317 of this title, his years of service are computed by adding all active service in the armed forces and service computed under section 3683 1 1 See References in Text note below. of this title.
• (b) Time required to be made up under section 972(a) of this title may not be counted in determining years of service under subsection (a).

§ 7326. Computation of years of service: voluntary retirement; regular and reserve commissioned officers

• (a) For the purpose of determining whether an officer of the Army may be retired under section 7311, 7318, or 7324 of this title, his years of service are computed by adding—
  • (1) all active service performed as a member of the Army or the Air Force;
  • (2) all service in the Navy or Marine Corps that may be included in determining the eligibility of an officer of the Navy or Marine Corps for retirement;
  • (3) all service computed under section 3683 1 1 See References in Text note below. of this title; and
  • (4) if an officer of the Regular Army, all active service performed as an officer of the Philippine Constabulary.
• (b) For the purpose of determining whether a commissioned officer of the Regular Army in the Medical Corps may be retired under section 7311, 7318, or 7324 of this title, his years of service are computed by adding to his service under subsection (a) all service performed as a contract surgeon, acting assistant surgeon, or contract physician, under a contract to serve full time and to take and change station as ordered.
• (c) For the purpose of determining whether a commissioned officer of the Regular Army in the Dental Corps may be retired under section 7311, 7318, or 7324 of this title, his years of service are computed by adding to his service under subsection (a) all service as a contract dental surgeon or acting dental surgeon.
• (d) For the purpose of determining whether a commissioned officer of the Army Nurse Corps or the Army Medical Specialist Corps may be retired under section 7311 of this title , all service computed under section 3683 1 of this title shall be treated as if it were service as a commissioned officer.
• (e) Section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this section any time identified with respect to that officer under that section.

§ 7329. Computation of retired pay: law applicable

A member of the Army retired under this chapter is entitled to retired pay computed under chapter 745 of this title.