An officer who has completed 20 years of service, of which at least 10 years was service as a commissioned officer , may at any time thereafter, upon application by such officer and in the discretion of the President, be placed on the retired list. ( Pub. L. 107–372, title II, § 244 , Dec. 19, 2002 , 116 Stat. 3089 .) Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853l of this title prior to repeal by Pub. L. 107–372 . Executive Documents Delegation of Functions Functions of President under this section delegated to Secretary of Commerce by section 1(f) of Ex. Ord. No. 11023 , May 28, 1962 , 27 F.R. 5131 , as amended, set out as a note under section 301 of Title 3 , The President.