-CITE-

10 USC CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

.

-HEAD-

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-MISC1-

Sec.

12731. Age and service requirements.

12731a. Temporary special retirement qualification authority.

12731b. Special rule for members with physical disabilities not

incurred in line of duty.

12732. Entitlement to retired pay: computation of years of service.

12733. Computation of retired pay: computation of years of service.

12734. Time not creditable toward years of service.

12735. Inactive status list.

12736. Service credited for retired pay benefits not excluded for

other benefits.

12737. Limitation on active duty.

12738. Limitations on revocation of retired pay.

12739. Computation of retired pay.

12740. Eligibility: denial upon certain punitive discharges or

dismissals.

12741. Retirement from active reserve service performed after

regular retirement.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title VI, Sec.

653(a)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-165, added item

12741.

1999 - Pub. L. 106-65, div. A, title VI, Sec. 653(b)(2), Oct. 5,

1999, 113 Stat. 667, added item 12731b.

1996 - Pub. L. 104-106, div. A, title VI, Sec. 632(a)(2), Feb.

10, 1996, 110 Stat. 365, added item 12740.

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(1), Oct.

5, 1994, 108 Stat. 2998, renumbered chapter 67 of this title as

this chapter and amended analysis generally, renumbering items 1331

to 1338 as items 12731 to 12738, respectively, substituting

''Entitlement to retired pay: computation of years of service'' for

''Computation of years of service in determining entitlement to

retired pay'' in item 12732 and ''Computation of retired pay:

computation of years of service'' for ''Computation of years of

service in computing retired pay'' in item 12733, and adding item

12739.

1992 - Pub. L. 102-484, div. D, title XLIV, Sec. 4417(b), Oct.

23, 1992, 106 Stat. 2717, added item 1331a.

1986 - Pub. L. 99-348, title III, Sec. 304(b)(1), July 1, 1986,

100 Stat. 703, added item 1338.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1053, 1064, 1065, 1076,

1076c, 1331, 1370, 1407, 1409, 1447, 1452, 1463, 4342, 6954, 9342,

10153, 12307, 12308, 12319, 12605, 14901, 14905 of this title;

title 5 sections 8332, 8411, 9001; title 38 sections 1965, 2301,

2306, 2402; title 50 section 2082.

-CITE-

10 USC Sec. 12731 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12731. Age and service requirements

-STATUTE-

(a) Except as provided in subsection (c), a person is entitled,

upon application, to retired pay computed under section 12739 of

this title, if the person -

(1) is at least 60 years of age;

(2) has performed at least 20 years of service computed under

section 12732 of this title;

(3) performed the last six years of qualifying service while a

member of any category named in section 12732(a)(1) of this

title, but not while a member of a regular component, the Fleet

Reserve, or the Fleet Marine Corps Reserve, except that in the

case of a person who completed the service requirements of

paragraph (2) before October 5, 1994, the number of years of such

qualifying service under this paragraph shall be eight; and

(4) is not entitled, under any other provision of law, to

retired pay from an armed force or retainer pay as a member of

the Fleet Reserve or the Fleet Marine Corps Reserve.

(b) Application for retired pay under this section must be made

to the Secretary of the military department, or the Secretary of

Homeland Security, as the case may be, having jurisdiction at the

time of application over the armed force in which the applicant is

serving or last served.

(c)(1) A person who, before August 16, 1945, was a Reserve of an

armed force, or a member of the Army without component or other

category covered by section 12732(a)(1) of this title except a

regular component, is not eligible for retired pay under this

chapter unless -

(A) the person performed active duty during World War I or

World War II; or

(B) the person performed active duty (other than for training)

during the Korean conflict, the Berlin crisis, or the Vietnam

era.

(2) In this subsection:

(A) The term ''World War I'' means the period beginning on

April 6, 1917, and ending on November 11, 1918.

(B) The term ''World War II'' means the period beginning on

September 9, 1940, and ending on December 31, 1946.

(C) The term ''Korean conflict'' means the period beginning on

June 27, 1950, and ending on July 27, 1953.

(D) The term ''Berlin crisis'' means the period beginning on

August 14, 1961, and ending on May 30, 1963.

(E) The term ''Vietnam era'' means the period beginning on

August 5, 1964, and ending on March 27, 1973.

(d) The Secretary concerned shall notify each person who has

completed the years of service required for eligibility for retired

pay under this chapter. The notice shall be sent, in writing, to

the person concerned within one year after the person completes

that service. The notice shall include notice of the elections

available to such person under the Survivor Benefit Plan

established under subchapter II of chapter 73 of this title and the

Supplemental Survivor Benefit Plan established under subchapter III

of that chapter, and the effects of such elections.

(e) Notwithstanding section 8301 of title 5, the date of

entitlement to retired pay under this section shall be the date on

which the requirements of subsection (a) have been completed.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 102, Sec. 1331; Pub. L. 85-704,

Aug. 21, 1958, 72 Stat. 702; Pub. L. 85-861, Sec. 33(a)(8), Sept.

2, 1958, 72 Stat. 1564; Pub. L. 89-652, Sec. 1, Oct. 14, 1966, 80

Stat. 902; Pub. L. 90-485, Sec. 2, Aug. 13, 1968, 82 Stat. 754;

Pub. L. 95-397, title II, Sec. 206, Sept. 30, 1978, 92 Stat. 847;

Pub. L. 96-513, title V, Sec. 511(47), Dec. 12, 1980, 94 Stat.

2924; Pub. L. 98-94, title IX, Sec. 924(a), Sept. 24, 1983, 97

Stat. 644; Pub. L. 101-189, div. A, title XIV, Sec. 1404(b)(1),

Nov. 29, 1989, 103 Stat. 1586; renumbered Sec. 12731 and amended

Pub. L. 103-337, div. A, title VI, Sec. 636, title XVI, Sec.

1662(j)(1), Oct. 5, 1994, 108 Stat. 2790, 2999; Pub. L. 104-106,

div. A, title XV, Sec. 1501(b)(20), Feb. 10, 1996, 110 Stat. 497;

Pub. L. 105-261, div. A, title V, Sec. 561(n)(1), Oct. 17, 1998,

112 Stat. 2026; Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

571(n)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-135; Pub. L.

107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314; Pub. L. 107-314, div. A, title VI, Sec. 631(a), (b), Dec. 2,

2002, 116 Stat. 2571, 2572.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1331(a) 10:1036a(a) (less June 29, 1948, ch.

last proviso). 708, Sec. 302(a),

10:1036d (1st (d), 305 (1st

sentence). sentence), 62 Stat.

34:440i(a) (less 1087-1089; July 12,

last proviso). 1952, ch. 698, 66

34:440l (1st Stat. 590.

sentence).

1331(b) 10:1036a(d).

34:440i(d).

1331(c) 10:1036a(a) (last

proviso).

34:440i(a) (last

proviso).

-------------------------------

In subsection (a), the words ''is entitled'' are substituted for

the words ''shall * * * be granted''. The words ''in the status of

a commissioned officer, warrant officer, flight officer, or

enlisted person'' and the references to reserve components are

omitted as surplusage. Reference to the Army and the Air Force

without component is inserted, since the words ''reserve

component'', as used in 10:1036a(a), include all members of the

Army and the Air Force except members of the regular components

thereof. The words ''service, computed under section 1332 of this

title'' are substituted for the words ''satisfactory Federal

service'' to make it clear that some service that is not normally

covered by the latter term may be counted in determining rights to

retired pay under this chapter. Section 311 of the source statute,

which made title III of that act applicable to the Coast Guard, was

expressly repealed by the Act of August 4, 1949, ch. 393, Sec. 20,

63 Stat. 565, the act which codified Title 14 of the United States

Code. 14 U.S.C. 755(e) provides for Coast Guard Reservists the same

retirement benefits as those prescribed by law for the Naval

Reserve, and, for this purpose, confers upon the Secretary of the

Treasury the same authority as that conferred upon the Secretary of

the Navy, when the Coast Guard is operating under the Treasury

Department. Accordingly, the revised chapter is made expressly

applicable to the Coast Guard.

In subsection (c), the words ''the Army without component or

other category covered by section 1332(a)(1) of this title'' are

inserted, since the words ''reserve component'', as used in

10:1036a(a), also cover members without component and members of

the other special categories listed. The words ''annual training

duty, or attendance at a school designated as a service school by

law or by the Secretary of the appropriate military department''

are inserted since the words ''active Federal service'', as used in

10:1036a(a), also cover the additional service listed. The words

''active duty'' are substituted for the words ''active Federal

service'' for uniformity.

1958 ACT

The change makes clear that in the determination of eligibility

for retired pay for non-regular service, the service of a Regular

serving in a temporary grade (that is, without component) may not

be counted. See opinion of the Judge Advocate General of the Army,

JAGA 1957/4463, May 13, 1957.

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-314, Sec. 631(a), substituted

''six years'' for ''eight years'' and inserted before semicolon '',

except that in the case of a person who completed the service

requirements of paragraph (2) before October 5, 1994, the number of

years of such qualifying service under this paragraph shall be

eight''.

Subsec. (b). Pub. L. 107-296 substituted ''of Homeland Security''

for ''of Transportation''.

Subsec. (f). Pub. L. 107-314, Sec. 631(b), struck out subsec. (f)

which read as follows: ''In the case of a person who completes the

service requirements of subsection (a)(2) during the period

beginning on October 5, 1994, and ending on December 31, 2001, the

provisions of subsection (a)(3) shall be applied by substituting

'the last six years' for 'the last eight years'.''

2000 - Subsec. (f). Pub. L. 106-398 substituted ''December 31,

2001'' for ''September 30, 2001''.

1998 - Subsec. (f). Pub. L. 105-261 substituted ''September 30,

2001'' for ''September 30, 1999''.

1996 - Subsec. (f). Pub. L. 104-106 substituted ''October 5,

1994,'' for ''the date of the enactment of this subsection''.

1994 - Pub. L. 103-337, Sec. 1662(j)(1), renumbered section 1331

of this title as this section and amended text generally, making

changes in style and in references to other sections.

Subsec. (f). Pub. L. 103-337, Sec. 636, added subsec. (f) which

read as follows: ''In the case of a person who completes the

service requirements of subsection (a)(2) during the period

beginning on the date of the enactment of this subsection and

ending on September 30, 1999, the provisions of subsection (a)(3)

shall be applied by substituting 'the last six years' for 'the last

eight years'.''

1989 - Subsec. (d). Pub. L. 101-189 inserted ''and the

Supplemental Survivor Benefit Plan established under subchapter III

of that chapter,'' after ''this title''.

1983 - Subsec. (c). Pub. L. 98-94 substituted ''unless -

''(1) he performed active duty after April 5, 1917, and before

November 12, 1918, or after September 8, 1940, and before January

1, 1947; or

''(2) he performed active duty (other than for training) after

June 26, 1950, and before July 28, 1953, after August 13, 1961,

and before May 31, 1963, or after August 4, 1964, and before

March 28, 1973.'',

for ''unless he performed active duty after April 5, 1917, and

before November 12, 1918, or after September 8, 1940, and before

January 1, 1947, or unless he performed active duty (other than for

training) after June 26, 1950, and before July 28, 1953''.

1980 - Subsec. (b). Pub. L. 96-513, Sec. 511(47)(A), substituted

''Secretary of Transportation'' for ''Secretary of the Treasury''.

Subsec. (e). Pub. L. 96-513, Sec. 511(47)(B), struck out ''United

States Code,'' after ''title 5,''.

1978 - Subsec. (d). Pub. L. 95-397 inserted provisions requiring

that notice include notification of elections available under the

Survivor Benefit Plan and the effects thereof.

1968 - Subsec. (e). Pub. L. 90-485 added subsec. (e).

1966 - Subsec. (d). Pub. L. 89-652 added subsec. (d).

1958 - Subsec. (a)(3). Pub. L. 85-861 struck out provisions which

related to service as a member of the Army or the Air Force without

component.

Subsec. (c). Pub. L. 85-704 made persons who performed active

duty (other than for training) after June 26, 1950, and before July

28, 1953, eligible for retired pay under this chapter.

EFFECTIVE DATE OF 2002 AMENDMENTS

Pub. L. 107-314, div. A, title VI, Sec. 631(c), Dec. 2, 2002,

116 Stat. 2572, provided that: ''The amendments made by subsection

(a) (amending this section) shall take effect on October 1, 2002.

No benefit shall accrue to any person for any period before that

date by reason of the enactment of those amendments.''

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 1662(j)(1) of Pub. L. 103-337 effective Dec.

1, 1994, except as otherwise provided, see section 1691 of Pub. L.

103-337, set out as an Effective Date note under section 10001 of

this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 1404(b)(3) of Pub. L. 101-189, as amended by Pub. L.

101-510, div. A, title VI, Sec. 631(1), Nov. 5, 1990, 104 Stat.

1580, provided that: ''The amendments made by paragraphs (1) and

(2) (amending this section and section 3101 (now 5301) of Title 38,

Veterans' Benefits) shall take effect on April 1, 1992.''

EFFECTIVE DATE OF 1983 AMENDMENT

Section 924(b) of Pub. L. 98-94 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply with

respect to retired pay payable for months beginning after September

30, 1983, or the date of the enactment of this Act (Sept. 24,

1983), whichever is later.''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-397 applicable to notifications after

Sept. 30, 1978, see section 210(b) of Pub. L. 95-397, set out as a

note under section 1447 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-485 effective Aug. 13, 1968, see section

6 of Pub. L. 90-485, set out as a note under section 1431 of this

title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment 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.

RESERVE RETIREMENT SYSTEM; REPORT TO CONGRESS

Pub. L. 99-348, title III, Sec. 302, July 1, 1986, 100 Stat. 702,

directed Secretary of Defense to submit to Congress, not later than

Feb. 1, 1988, a report on the retirement system provided under

chapter 67 of this title for members of Armed Forces performing

non-regular-service, including in the report any proposals of the

Secretary for modifications to such system.

SURVIVOR ANNUITIES; EFFECTIVE DATE

Pub. L. 94-448, Sec. 1, Oct. 1, 1976, 90 Stat. 1499, provided:

''That for the purposes of survivor annuities under subchapter I of

chapter 73 of title 10, United States Code (section 1431 et seq. of

this title), and under prior corresponding provisions of law, the

provisions of section 1331(e) (now 12731(e)) of such title 10,

relating to the date of entitlement to retired pay under chapter 67

(now 1223) of such title 10, shall be effective as of November 1,

1953.''

PAYMENT OF SURVIVOR ANNUITIES BENEFITS PRIOR TO OCTOBER 1, 1976

Pub. L. 94-448, Sec. 2, Oct. 1, 1976, 90 Stat. 1499, provided

that: ''No benefits shall be paid to any person for any period

prior to the date of enactment of this Act (Oct. 1, 1976) as a

result of the enactment of this Act.''

ENTITLEMENT TO RETIREMENT PAY AFTER OCTOBER 14, 1966;

CONCLUSIVENESS

Notification of completion of requisite years of service as

conclusive for entitlement to retirement pay if made after Oct. 14,

1966, see section 3 of Pub. L. 89-652, set out as a note under

section 1406 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1331, 1370, 1405, 1406,

1407, 1408, 1447, 1448, 1482, 12731a, 12731b, 12732, 12738, 12741

of this title.

-CITE-

10 USC Sec. 12731a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12731a. Temporary special retirement qualification authority

-STATUTE-

(a) Retirement With At Least 15 Years of Service. - For the

purposes of section 12731 of this title, the Secretary concerned

may -

(1) during the period described in subsection (b), determine to

treat a member of the Selected Reserve of a reserve component of

the armed force under the jurisdiction of that Secretary as

having met the service requirements of subsection (a)(2) of that

section and provide the member with the notification required by

subsection (d) of that section if the member -

(A) as of October 1, 1991, has completed at least 15, and

less than 20, years of service computed under section 12732 of

this title; or

(B) after that date and before the end of the period

described in subsection (b), completes 15 years of service

computed under that section; and

(2) upon the request of the member submitted to the Secretary,

transfer the member to the Retired Reserve.

(b) Period of Authority. - The period referred to in subsection

(a)(1) is the period beginning on October 23, 1992, and ending on

December 31, 2001.

(c) Applicability Subject to Needs of the Service. - (1) The

Secretary concerned may limit the applicability of subsection (a)

to any category of personnel defined by the Secretary in order to

meet a need of the armed force under the jurisdiction of the

Secretary to reduce the number of members in certain grades, the

number of members who have completed a certain number of years of

service, or the number of members who possess certain military

skills or are serving in designated competitive categories.

(2) A limitation under paragraph (1) shall be consistent with the

purpose set forth in section 4414(a) of the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106

Stat. 2713).

(3) Notwithstanding the provisions of section 4415(2) of the

Defense Conversion, Reinvestment, and Transition Assistance Act of

1992 (division D of Public Law 102-484; 106 Stat. 2714), the

Secretary concerned may, consistent with the other provisions of

this section, provide the notification required by section 12731(d)

of this title to a member who no longer meets the qualifications

for membership in the Selected Reserve solely because the member is

unfit because of physical disability. Such notification may not be

made if the disability is the result of the member's intentional

misconduct, willful neglect, or willful failure to comply with

standards and qualifications for retention established by the

Secretary concerned or was incurred during a period of unauthorized

absence.

(d) Exclusion. - This section does not apply to persons referred

to in section 12731(c) of this title.

(e) Regulations. - The authority provided in this section shall

be subject to regulations prescribed by the Secretary of Defense

and by the Secretary of Homeland Security with respect to the Coast

Guard.

-SOURCE-

(Added Pub. L. 102-484, div. D, title XLIV, Sec. 4417(a), Oct. 23,

1992, 106 Stat. 2716, Sec. 1331a; amended Pub. L. 103-35, title II,

Sec. 201(f)(2), May 31, 1993, 107 Stat. 99; Pub. L. 103-160, div.

A, title V, Sec. 561(f)(4), 564(c), Nov. 30, 1993, 107 Stat. 1668,

1670; renumbered Sec. 12731a and amended Pub. L. 103-337, div. A,

title V, Sec. 517, title XVI, Sec. 1662(j)(1), Oct. 5, 1994, 108

Stat. 2754, 2998, 3000; Pub. L. 104-106, div. A, title XV, Sec.

1501(b)(21), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105-261, div.

A, title V, Sec. 561(n)(2), Oct. 17, 1998, 112 Stat. 2026; Pub. L.

106-398, Sec. 1 ((div. A), title V, Sec. 571(n)(2)), Oct. 30, 2000,

114 Stat. 1654, 1654A-135; Pub. L. 107-296, title XVII, Sec.

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-REFTEXT-

REFERENCES IN TEXT

Section 4414(a) of the National Defense Authorization Act for

Fiscal Year 1993 and section 4415(2) of the Defense Conversion,

Reinvestment, and Transition Assistance Act of 1992, referred to in

subsec. (c)(2), (3), are sections 4414(a) and 4415(2) of Pub. L.

102-484, which are set out in a note under section 12681 of this

title.

-MISC2-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

2000 - Subsec. (a)(1)(B). Pub. L. 106-398, Sec. 1 ((div. A),

title V, Sec. 571(n)(2)(A)), substituted ''the end of the period

described in subsection (b)'' for ''October 1, 2001''.

Subsec. (b). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

571(n)(2)(B)), substituted ''December 31, 2001'' for ''October 1,

2001''.

1998 - Subsec. (a)(1)(B), (b). Pub. L. 105-261 substituted

''October 1, 2001'' for ''October 1, 1999''.

1996 - Subsec. (c)(3). Pub. L. 104-106 inserted comma after

''Defense Conversion''.

1994 - Pub. L. 103-337, Sec. 1662(j)(1), renumbered section 1331a

of this title as this section and amended text generally, changing

references to other sections.

Subsec. (c)(3). Pub. L. 103-337, Sec. 517, added par. (3) which

read as follows: ''Notwithstanding the provisions of section

4415(2) of the Defense Conversion Reinvestment, and Transition

Assistance Act of 1992 (division D of Public Law 102-484; 106 Stat.

2714), the Secretary concerned may, consistent with the other

provisions of this section, provide the notification required by

section 1331(d) of this title to a member who no longer meets the

qualifications for membership in the Selected Reserve solely

because the member is unfit because of physical disability. Such

notification may not be made if the disability is the result of the

member's intentional misconduct, willful neglect, or willful

failure to comply with standards and qualifications for retention

established by the Secretary concerned or was incurred during a

period of unauthorized absence.''

1993 - Subsec. (a). Pub. L. 103-160, Sec. 564(c)(1), substituted

''Secretary concerned'' for ''Secretary of a military department''

in introductory provisions.

Subsec. (a)(1)(B). Pub. L. 103-160, Sec. 561(f)(4)(A),

substituted ''October 1, 1999'' for ''October 1, 1995''.

Subsec. (a)(2). Pub. L. 103-160, Sec. 561(f)(4)(B), struck out

''within one year after the date of the notification referred to in

paragraph (1)'' after ''to the Secretary''.

Subsec. (b). Pub. L. 103-160, Sec. 561(f)(4)(C), substituted

''October 1, 1999'' for ''October 1, 1995''.

Pub. L. 103-35 substituted ''October 23, 1992,'' for ''the date

of the enactment of the National Defense Authorization Act for

Fiscal Year 1993''.

Subsec. (c)(1). Pub. L. 103-160, Sec. 564(c)(2), struck out ''of

the military department'' after ''The Secretary''.

Subsec. (e). Pub. L. 103-160, Sec. 564(c)(3), inserted before

period at end ''and by the Secretary of Transportation with respect

to the Coast Guard''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 1662(j)(1) of Pub. L. 103-337 effective Dec.

1, 1994, except as otherwise provided, see section 1691 of Pub. L.

103-337, set out as an Effective Date note under section 10001 of

this title.

-CITE-

10 USC Sec. 12731b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12731b. Special rule for members with physical disabilities

not incurred in line of duty

-STATUTE-

(a) In the case of a member of the Selected Reserve of a reserve

component who no longer meets the qualifications for membership in

the Selected Reserve solely because the member is unfit because of

physical disability, the Secretary concerned may, for purposes of

section 12731 of this title, determine to treat the member as

having met the service requirements of subsection (a)(2) of that

section and provide the member with the notification required by

subsection (d) of that section if the member has completed at least

15, and less than 20, years of service computed under section 12732

of this title.

(b) Notification under subsection (a) may not be made if -

(1) the disability was the result of the member's intentional

misconduct, willful neglect, or willful failure to comply with

standards and qualifications for retention established by the

Secretary concerned; or

(2) the disability was incurred during a period of unauthorized

absence.

-SOURCE-

(Added Pub. L. 106-65, div. A, title VI, Sec. 653(b)(1), Oct. 5,

1999, 113 Stat. 666.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1370 of this title.

-CITE-

10 USC Sec. 12732 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12732. Entitlement to retired pay: computation of years of

service

-STATUTE-

(a) Except as provided in subsection (b), for the purpose of

determining whether a person is entitled to retired pay under

section 12731 of this title, the person's years of service are

computed by adding the following:

(1) The person's years of service, before July 1, 1949, in the

following:

(A) The armed forces.

(B) The federally recognized National Guard before June 15,

1933.

(C) A federally recognized status in the National Guard

before June 15, 1933.

(D) The National Guard after June 14, 1933, if his service

therein was continuous from the date of his enlistment in the

National Guard, or his Federal recognition as an officer

therein, to the date of his enlistment or appointment, as the

case may be, in the National Guard of the United States, the

Army National Guard of the United States, or the Air National

Guard of the United States.

(E) The Naval Reserve Force.

(F) The Naval Militia that conformed to the standards

prescribed by the Secretary of the Navy.

(G) The National Naval Volunteers.

(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse

Corps Reserve of the Army, or the Nurse Corps Reserve of the

Navy, as it existed at any time after February 2, 1901.

(I) The Army under an appointment under the Act of December

22, 1942 (ch. 805, 56 Stat. 1072).

(J) An active full-time status, except as a student or

apprentice, with the Medical Department of the Army as a

civilian employee -

(i) in the dietetic or physical therapy categories, if the

service was performed after April 6, 1917, and before April

1, 1943; or

(ii) in the occupational therapy category, if the service

was performed before appointment in the Army Nurse Corps or

the Women's Medical Specialist Corps and before January 1,

1949, or before appointment in the Air Force before January

1, 1949, with a view to designation as an Air Force nurse or

medical specialist.

(2) Each one-year period, after July 1, 1949, in which the

person has been credited with at least 50 points on the following

basis:

(A) One point for each day of -

(i) active service; or

(ii) full-time service under sections 316, 502, 503, 504,

and 505 of title 32 while performing annual training duty or

while attending a prescribed course of instruction at a

school designated as a service school by law or by the

Secretary concerned;

if that service conformed to required standards and

qualifications.

(B) One point for each attendance at a drill or period of

equivalent instruction that was prescribed for that year by the

Secretary concerned and conformed to the requirements

prescribed by law, including attendance under section 502 of

title 32.

(C) Points at the rate of 15 a year for membership -

(i) in a reserve component of an armed force,

(ii) in the Army or the Air Force without component, or

(iii) in any other category covered by subsection (a)(1)

except a regular component.

(D) Points credited for the year under section 2126(b) of

this title.

(E) One point for each day on which funeral honors duty is

performed for at least two hours under section 12503 of this

title or section 115 of title 32, unless the duty is performed

while in a status for which credit is provided under another

subparagraph of this paragraph.

For the purpose of clauses (A), (B), (C), (D), and (E), service

in the National Guard shall be treated as if it were service in a

reserve component, if the person concerned was later appointed in

the National Guard of the United States, the Army National Guard

of the United States, the Air National Guard of the United

States, or as a Reserve of the Army or the Air Force, and served

continuously in the National Guard from the date of his Federal

recognition to the date of that appointment.

(3) The person's years of active service in the Commissioned

Corps of the Public Health Service.

(4) The person's years of active commissioned service in the

National Oceanic and Atmospheric Administration (including active

commissioned service in the Environmental Science Services

Administration and in the Coast and Geodetic Survey).

(b) The following service may not be counted under subsection

(a):

(1) Service (other than active service) in an inactive section

of the Organized Reserve Corps or of the Army Reserve, or in an

inactive section of the officers' section of the Air Force

Reserve.

(2) Service (other than active service) after June 30, 1949,

while on the Honorary Retired List of the Naval Reserve or of the

Marine Corps Reserve.

(3) Service in the inactive National Guard.

(4) Service in a non-federally recognized status in the

National Guard.

(5) Service in the Fleet Reserve or the Fleet Marine Corps

Reserve.

(6) Service as an inactive Reserve nurse of the Army Nurse

Corps established by the Act of February 2, 1901 (ch. 192, 31

Stat. 753), as amended, and service before July 1, 1938, as an

inactive Reserve nurse of the Navy Nurse Corps established by the

Act of May 13, 1908 (ch. 166, 35 Stat. 146).

(7) Service in any status other than that as commissioned

officer, warrant officer, nurse, flight officer, aviation

midshipman, appointed aviation cadet, or enlisted member, and

that described in clauses (I) and (J) of subsection (a)(1).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 102, Sec. 1332; Pub. L. 85-861,

Sec. 33(a)(9), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 86-197, Sec.

1(1)-(3), Aug. 25, 1959, 73 Stat. 425; Pub. L. 88-636, Sec. 1, Oct.

8, 1964, 78 Stat. 1034; Pub. L. 93-545, Sec. 1, Dec. 26, 1974, 88

Stat. 1741; Pub. L. 96-513, title V, Sec. 511(48), Dec. 12, 1980,

94 Stat. 2924; renumbered Sec. 12732 and amended Pub. L. 103-337,

div. A, title XVI, Sec. 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998,

3000; Pub. L. 104-201, div. A, title V, Sec. 543(b)(1), Sept. 23,

1996, 110 Stat. 2522; Pub. L. 106-65, div. A, title V, Sec.

578(h)(1), Oct. 5, 1999, 113 Stat. 628.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1332(a) 10:1036a(b). June 29, 1948, ch.

10:1036a(c). 708, Sec. 302(b),

10:1036e(a). (c), 62 Stat. 1089;

10:1036e(b). Sept. 7, 1949, ch.

10:1036e(c) (less 547, Sec. 1, 2, 63

applicability to Stat. 693. June 29,

determination of 1948, ch. 708, Sec.

retired pay). 306 (less (c) and

10:1036e(d) (less (d), as applicable

applicability to to determination of

determination of retired pay), 62

retired pay). Stat. 1088.

34:440i(b).

34:440i(c).

34:440m(a).

34:440m(b).

34:440m(c) (less

applicability to

determination of

retired pay).

34:440m(d) (less

applicability to

determination of

retired pay).

1332(b) 10:1036e(e).

10:1036e(f).

34:440m(e).

34:440m(f).

-------------------------------

Subsection (a) consolidates the provisions of 10:1036a and

1036e(b)-(d), and 34:440i and 440m(b)-(d), relating to service that

may be counted in determining eligibility for retired pay under

this chapter. 10:1036e(a) and 34:440m(a) are omitted as covered by

the enumeration of the service that may be counted for the purposes

of the revised section.

In subsection (a)(1)(A)-(F), the requirement that the service

must have been satisfactory is omitted as executed, since all

service before July 1, 1949, has been found to have been

satisfactory by the Secretaries concerned.

In subsection (a)(1)(A), the words ''the armed forces'' are

substituted for clauses (1), (2), (5)-(7), (9), (10), and

(13)-(16), of 10:1036e(c) and 34:440m(c), and so much of clause (8)

of 10:1036e(c) and 34:440m(c) as relates to the Naval Reserve and

the Naval Reserve Force as constituted after February 28, 1925,

since the service covered by those clauses when added to service in

the regular components, comprises all service in the armed forces.

In subsection (a)(1)(B)-(C), the words ''June 15'' are inserted

to reflect the exact date of the change in National Guard status

made by section 5 of the Act of June 15, 1933, ch. 87, 48 Stat.

155, which established the National Guard of the United States as a

reserve component of the Army.

In subsection (a)(1)(D), 10:1036e(c)(8) (last 25 words),

10:1036e(c)(9) (last 22 words), 34:440m(c)(8) (last 25 words), and

34:440m(c)(9) (last 22 words) are omitted as covered by subsection

(b)(5).

In subsection (a)(2)(A), the words ''service that conformed to

required standards and qualifications'' are substituted for

10:1036e(b) and 34:440m(b). In clause (a)(2)(A), 10:1036e(d) and

34:440m(d), which make it clear that ''active Federal service'', in

the sense in which that term is used in 10:1036a-e and 34:440i-m,

includes annual training duty and attendance at service schools,

are omitted as covered by sections 101(22) and 101(24) of this

title.

In subsection (a)(2)(A) and (B), specific reference is made to

National Guard service to reflect the opinion of the Judge Advocate

General of the Army (JAGA, 1956/1908, 13 Feb. 1956).

In subsection (a)(2)(C), the words ''other than active Federal

service'' are omitted, since the points for membership are not

reduced by active duty (see opinion of the Judge Advocate General

of the Army (JAGA, 1953/2016, 3 Mar. 1953)).

In subsections (a) and (b), the words ''active service'' are

substituted for the words ''active Federal service'' for uniformity

of expression. In clause (5), the words ''transferred thereto

after completion of 16 or more years of active naval service'' are

omitted, since other authorized fleet reserve categories have not

been used and authority for them is omitted from this revised title

as unnecessary.

Subsection (b)(1)-(4) is inserted because of 10:1036e(e) and (f)

and 34:440m(e) and (f), which state that the service enumerated in

those clauses may not be considered in determining eligibility for

retired pay under this chapter. Clause (5) is based on the

exclusions in 34:440m(c)(8)-(9).

Subsection (b)(6) is inserted for clarity since 10:1036a and

34:440i were limited in applicability to service in the status of a

''commissioned officer, warrant officer, flight officer, or

enlisted person.''

1958 ACT

The word ''full-time'' is inserted for clarity. The other change

reflects the opinion of the Judge Advocate General of the Army

(JAGA 1956/1908, Feb. 13, 1956) that duty performed under section

92 of the National Defense Act, the source statute for section 502

of title 32, was creditable in determining entitlement to retired

pay under section 302 of the Army and Air Force Vitalization and

Retirement Equalization Act of 1948 (62 Stat. 1087), the source

statute for section 1332 of title 10.

-REFTEXT-

REFERENCES IN TEXT

Act of December 22, 1942, referred to in subsec. (a)(1)(I), is

act Dec. 22, 1942, ch. 805, 56 Stat. 1072, which amended section

164 of former Title 10, Army and Air Force, and enacted provisions

set out as notes under section 81 of former Title 10 and section

113 of former Title 37, Pay and Allowances, and was repealed as

executed, by section 53 of act Aug. 10, 1956, ch. 1041 70A Stat.

641.

Women's Medical Specialist Corps, referred to in subsec.

(a)(1)(J)(ii), redesignated Army Medical Specialist Corps by Pub.

L. 85-155, Aug. 21, 1957, 71 Stat. 375. See section 3070 of this

title. See, also, act Aug. 9, 1955, ch. 654, 69 Stat. 579.

-MISC2-

AMENDMENTS

1999 - Subsec. (a)(2). Pub. L. 106-65 added subpar. (E) and

substituted '', (D), and (E)'' for '', and (D)'' in concluding

provisions.

1996 - Subsec. (a)(2). Pub. L. 104-201 added cl. (D) and

substituted ''(C), and (D)'' for ''and (C)'' in concluding

provisions.

1994 - Pub. L. 103-337 renumbered section 1332 of this title as

this section, substituted ''Entitlement to retired pay: computation

of years of service'' for ''Computation of years of service in

determining entitlement to retired pay'' as section catchline, and

amended text generally, making changes in style, references to

other sections and Acts, and the service in the Public Health

Service and the National Oceanic and Atmospheric Administration

that may be included in the computation of years of service in

subsec. (a).

1980 - Subsec. (a)(4). Pub. L. 96-513 inserted provisions

relating to applicability to service in National Oceanic and

Atmospheric Administration and Environmental Science Services

Administration.

1974 - Subsec. (b)(7). Pub. L. 93-545 inserted ''aviation

midshipman,'' after ''flight officer,''.

1964 - Subsec. (a)(3), (4). Pub. L. 88-636 added cls. (3) and

(4).

1959 - Subsec. (a). Pub. L. 86-197, Sec. (1), (2), redesignated

cls. (D) to (F) as (E) to (G), and added cls. (D), (H), (I), and

(J), and provisions requiring, for the purpose of cls. (A), (B),

and (C), service in the National Guard to be treated as if it were

service in a reserve component, if the person concerned was later

appointed in the National Guard of the United States, the Army

National Guard of the United States, the Air National Guard of the

United States, or as a Reserve of the Army or the Air Force, and

served continuously in the National Guard from the date of his

Federal recognition to the date of that appointment.

Subsec. (b)(6), (7). Pub. L. 86-197, Sec. 1(3), added par. (6),

redesignated former par. (6) as (7), and prohibited the counting of

service as a nurse, as an appointed aviation cadet, and that

service described in cls. (I) and (J) of subsec. (a)(1) of this

section.

1958 - Subsec. (a). Pub. L. 85-861 substituted ''full-time

service under'' for ''service under'', and inserted reference to

section 502 of this title in cl. (2)(A)(ii).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1964 AMENDMENT

Section 2 of Pub. L. 88-636 provided that: ''The amendments made

by this Act (amending this section) shall apply to any period

before enactment of this Act (Oct. 8, 1964) during which the

Commissioned Corps of the Public Health Service has had the status

of a military service, and to any period before enactment of this

Act during which commissioned personnel of the Coast and Geodetic

Survey were transferred to the service and jurisdiction of a

military department.''

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment 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.

SAVINGS PROVISION

Section 3 of Pub. L. 86-197 provided that: ''This Act (amending

this section and sections 3683, 3926, 6324, 8683 and 8926 of this

title and enacting provisions set out as notes under sections 1431

and 3441 of this title) does not deprive any person of any service

credit to which he was entitled on the day before the effective

date of this Act (Aug. 25, 1959).''

TRACKING SYSTEM AND RECOMMENDATIONS TO CONGRESS RELATING TO AWARD

OF RETIREMENT POINTS

Section 531(b), (c) of Pub. L. 104-201 provided that:

''(b) Tracking System for Award of Retirement Points. - To better

enable the Secretary of Defense and Congress to assess the cost and

the effect on readiness of the amendment made by subsection (a)

(amending section 12733 of this title) and of other potential

changes to the Reserve retirement system under chapter 1223 of

title 10, United States Code, the Secretary of Defense shall

require the Secretary of each military department to implement a

system to monitor the award of retirement points for purposes of

that chapter by categories in accordance with the recommendation

set forth in the August 1988 report of the Sixth Quadrennial Review

of Military Compensation.

''(c) Recommendations to Congress. - The Secretary shall submit

to Congress, not later than one year after the date of the

enactment of this Act (Sept. 23, 1996), the recommendations of the

Secretary with regard to the adoption of the following Reserve

retirement initiatives recommended in the August 1988 report of the

Sixth Quadrennial Review of Military Compensation:

''(1) Elimination of membership points under subparagraph (C)

of section 12732(a)(2) of title 10, United States Code, in

conjunction with a decrease from 50 to 35 in the number of points

required for a satisfactory year under that section.

''(2) Limitation to 60 in any year on the number of points that

may be credited under subparagraph (B) of section 12732(a)(2) of

such title at two points per day.

''(3) Limitation to 360 in any year on the total number of

retirement points countable for purposes of section 12733 of such

title.''

COAST GUARD WOMEN'S RESERVE; CONSTRUCTIVE SERVICE CREDIT:

RETIREMENT BENEFITS; RETROACTIVE PAY

Pub. L. 87-482, June 12, 1962, 76 Stat. 95, provided: ''That any

person who was a member of the Coast Guard Women's Reserve and who

served on active duty therein for at least one year prior to July

25, 1947; who was separated therefrom under honorable conditions;

and who also had membership therein for any period between November

1, 1949, and July 1, 1956, shall be deemed to have served on

inactive duty with the Coast Guard Women's Reserve from July 25,

1947, to November 1, 1949, in the grade or rating satisfactorily

held on active duty prior to July 25, 1947.

''Sec. 2. Creditable constructive service for a person qualified

under section 1 hereof shall be applied when providing retirement

benefits under the Army and Air Force Vitalization and Retirement

Equalization Act of 1948, as amended, or any other Act under which

the individual may be entitled to retirement from the Armed Forces.

''Sec. 3. Additional pay accruing to any person by virtue of

increased creditable service resulting from the inclusion of

constructive service creditable by application of section 1 hereof

shall not be made for active or inactive duty for which pay is

authorized by competent authority which is performed prior to the

first day of the calendar quarter next succeeding the calendar

quarter in which this Act becomes effective.''

ADDITIONAL CLERICAL SERVICE CREDITABLE UNDER THIS CHAPTER

Section 15 of Pub. L. 85-861 provided that:

''(a) Notwithstanding section 1332(b)(6) (now 12732(b)(7)) of

title 10, United States Code, a person is entitled to count his

service as an Army field clerk or as a field clerk, Quartermaster

Corps, as active service in determining his entitlement to retired

pay under chapter 67 (now 1223) of title 10, United States Code,

and in computing his retired pay under that chapter.

''(b) notwithstanding section 1332(b)(6) (now 12732(b)(7)) of

title 10, United States Code, a warrant officer is entitled to

count classified service as an Army headquarters clerk or as a

clerk of the Army Quartermaster Corps that he performed under any

law in effect before August 29, 1916, as active service in

determining his entitlement to retired pay under chapter 67 (now

1223) of title 10, United States Code, and in computing his retired

pay under that chapter.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1063, 1176, 1209, 1482,

2126, 6389, 12308, 12503, 12642, 12646, 12731, 12731a, 12731b,

12733, 14704 of this title; title 5 section 3329; title 20 section

6673; title 32 section 115; title 37 section 203.

-CITE-

10 USC Sec. 12733 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12733. Computation of retired pay: computation of years of

service

-STATUTE-

For the purpose of computing the retired pay of a person under

this chapter, the person's years of service and any fraction of

such a year are computed by dividing 360 into the sum of the

following:

(1) The person's days of active service.

(2) The person's days of full-time service under sections 316,

502, 503, 504, and 505 of title 32 while performing annual

training duty or while attending a prescribed course of

instruction at a school designated as a service school by law or

by the Secretary concerned.

(3) One day for each point credited to the person under clause

(B), (C), or (D) of section 12732(a)(2) of this title, but not

more than -

(A) 60 days in any one year of service before the year of

service that includes September 23, 1996;

(B) 75 days in the year of service that includes September

23, 1996, and in any subsequent year of service before the year

of service that includes October 30, 2000; and

(C) 90 days in the year of service that includes October 30,

2000, and in any subsequent year of service.

(4) One day for each point credited to the person under

subparagraph (E) of section 12732(a)(2) of this title.

(5) 50 days for each year before July 1, 1949, and

proportionately for each fraction of a year, of service (other

than active service) in a reserve component of an armed force, in

the Army or the Air Force without component, or in any other

category covered by section 12732(a)(1) of this title, except a

regular component.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 103, Sec. 1333; Pub. L. 85-861,

Sec. 33(a)(10), Sept. 2, 1958, 72 Stat. 1565; renumbered Sec. 12733

and amended Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(1),

Oct. 5, 1994, 108 Stat. 2998, 3002; Pub. L. 104-201, div. A, title

V, Sec. 531(a), 543(b)(2), Sept. 23, 1996, 110 Stat. 2517, 2522;

Pub. L. 105-85, div. A, title X, Sec. 1073(a)(67), (c)(4), Nov.

18, 1997, 111 Stat. 1904; Pub. L. 106-65, div. A, title V, Sec.

578(h)(2), Oct. 5, 1999, 113 Stat. 628; Pub. L. 106-398, Sec. 1

((div. A), title VI, Sec. 652), Oct. 30, 2000, 114 Stat. 1654,

1654A-163; Pub. L. 107-107, div. A, title X, Sec. 1048(c)(16),

Dec. 28, 2001, 115 Stat. 1227.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1333 10:1036b (less 1st June 29, 1948, ch.

91 words, and less 708, Sec. 303 (less

1st proviso). 1st 91 words, and

10:1036e(c) (as less 1st proviso),

applicable to 306 ((c) and (d),

determination of as applicable to

retired pay). determination of

10:1036e(d) (as retired pay), 62

applicable to Stat. 1088-1090;

determination of Sept. 7, 1949, ch.

retired pay). 547, Sec. 3, 63

34:440j (less 1st Stat. 693.

91 words, and less

1st proviso).

34:440m(c) (as

applicable to

determination of

retired pay).

34:440m(d) (as

applicable to

determination of

retired pay).

-------------------------------

The revised section consolidates provisions of 10:1036b and

1036e, and 34:440j and 440m, relating to the years of service that

may be counted in determining retired pay for persons entitled to

that pay under this chapter.

Clause (1) is substituted for 10:1036b(i). In clause (3), the

words ''and proportionately for each fraction of a year'' are

inserted to make clear that parts of years must be counted.

10:1036e(d) and 34:440m(d) are omitted as covered by sections

101(22) and 101(24) of this title.

1958 ACT

The change is necessary so that active service and service

described in section 1332(a)(2)(A)(ii) that was performed on or

before July 1, 1949, may be counted in computing retired pay, as

provided by the source law, section 303(i) of the Army and Air

Force Vitalization and Retirement Equalization Act of 1948 (62

Stat. 1088) and in accordance with the opinion of the Judge

Advocate General of the Army (JAGA 1956/1908, Feb. 13, 1956).

AMENDMENTS

2001 - Par. (3)(B). Pub. L. 107-107, Sec. 1048(c)(16)(A),

substituted ''October 30, 2000'' for ''the date of the enactment of

the Floyd D. Spence National Defense Authorization Act for Fiscal

Year 2001''.

Par. (3)(C). Pub. L. 107-107, Sec. 1048(c)(16)(B), substituted

''October 30, 2000,'' for ''the date of the enactment of the Floyd

D. Spence National Defense Authorization Act for Fiscal Year

2001''.

2000 - Par. (3). Pub. L. 106-398 substituted ''but not more than

- '' and subpars. (A) to (C) for ''but not more than 60 days in any

one year of service before the year of service that includes

September 23, 1996, and not more than 75 days in any subsequent

year of service.''

1999 - Pars. (4), (5). Pub. L. 106-65 added par. (4) and

redesignated former par. (4) as (5).

1997 - Par. (3). Pub. L. 105-85, Sec. 1073(c)(4), made technical

correction to directory language of Pub. L. 104-201, Sec. 531(a).

See 1996 Amendment note below.

Pub. L. 105-85, Sec. 1073(a)(67), inserted a comma after ''(B)''

and substituted ''that includes September 23, 1996,'' for ''in

which the date of the enactment of the National Defense

Authorization Act for Fiscal Year 1997 occurs''.

1996 - Par. (3). Pub. L. 104-201, Sec. 543(b)(2), substituted

''(C), or (D)'' for ''or (C)''.

Pub. L. 104-201, Sec. 531(a), as amended by Pub. L. 105-85, Sec.

1073(c)(4), inserted before period at end ''of service before the

year of service in which the date of the enactment of the National

Defense Authorization Act for Fiscal Year 1997 occurs and not more

than 75 days in any subsequent year of service''.

1994 - Pub. L. 103-337 renumbered section 1333 of this title as

this section, substituted ''Computation of retired pay: computation

of years of service'' for ''Computation of years of service in

computing retired pay'' as section catchline, and amended text

generally, changing style and references to other sections.

1958 - Pub. L. 85-861 added cls. (1) and (2), struck out former

cl. (1) which permitted the addition of the days of service

credited under section 1332(a)(2)(A) of this title, and

redesignated former cls. (2) and (3) as (3) and (4), respectively.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1073(c) of Pub. L. 105-85 provided that the amendment

made by that section is effective as of Sept. 23, 1996, and as if

included in the National Defense Authorization Act for Fiscal Year

1997, Pub. L. 104-201, as enacted.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1208, 1405, 1451, 2126,

4342, 6954, 9342, 12739 of this title.

-CITE-

10 USC Sec. 12734 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12734. Time not creditable toward years of service

-STATUTE-

(a) Service in an inactive status may not be counted in any

computation of years of service under this chapter.

(b) Time spent after retirement (without pay) for failure to

conform to standards and qualifications prescribed under section

12641 of this title may not be credited in a computation of years

of service under this chapter.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 104, Sec. 1334; Pub. L. 87-651,

title I, Sec. 108, Sept. 7, 1962, 76 Stat. 509; renumbered Sec.

12734 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1334(a) 10:1036c (last June 29, 1948, ch.

sentence, as 708, Sec. 304 (last

applicable to sentence), 308

inactive status). (last 41 words of

10:1036g (last 41 2d sentence), 62

words of 2d Stat. 1088, 1090.

sentence). 34:440k July 9, 1952, ch.

(last sentence, as 608, Sec. 211(b)

applicable to (less 1st 16

inactive status). words), 66 Stat.

485.

34:440o (last 41

words of 2d

sentence).

50:931(b) (less 1st

16 words).

1334(b) 10:1036c (last

sentence, less

applicability to

inactive status).

34:440k (last

sentence, less

applicability to

inactive status).

-------------------------------

Subsection (a) is substituted for 10:1036c (1st 17 words of last

sentence, as applicable to inactive status), 10:1036g (last 41

words of 2d sentence), 34:440k (last 17 words of last sentence, as

applicable to inactive status), and 34:440o (last 41 words of 2d

sentence). 10:1036c (proviso of last sentence, as applicable to

inactive status) and 34:440k (proviso of last sentence, as

applicable to inactive status) are omitted as executed. 10:1036c

(last sentence, less 1st 17 words and less proviso, as applicable

to inactive status) and 34:440k (last sentence, less 1st 17 words

and less proviso, as applicable to inactive status) are omitted as

surplusage.

In subsection (b), 10:1036c (proviso of last sentence, less

applicability to inactive status) and 34:440k (proviso of last

sentence, less applicability to inactive status) are omitted as

executed. 10:1036c (last sentence, less 1st 17 words and less

proviso, less applicability to inactive status) and 34:440k (last

sentence, less 1st 17 words and less proviso, less applicability to

inactive status) are omitted as surplusage.

1962 ACT

The change conforms section 1334(b) of title 10 to the source

law, the last sentence of section 304 of the Army and Air Force

Vitalization and Retirement Equalization Act of 1948 (62 Stat.

1089). Section 305 makes the change retroactive to August 10, 1956,

the date of repeal of the source law by the original military

codification act of that date.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 1334 of this title as

this section and amended text generally, changing one section

reference.

1962 - Subsec. (b). Pub. L. 87-651 substituted ''retirement

(without pay) for failure to conform to standards and

qualifications prescribed under section 1001 of this title may not

be credited in a computation'' for ''retirement or transfer to the

Retired Reserve may not be credited in any computation.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 305 of Pub. L. 87-651 provided that: ''Section 108 of

this Act (amending this section) is effective as of August 10,

1956, for all purposes. Section 304 of this Act is effective as of

February 6, 1959.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10153 of this title.

-CITE-

10 USC Sec. 12735 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12735. Inactive status list

-STATUTE-

(a) A member who would be eligible for retired pay under this

chapter but for the fact that that member is under 60 years of age

may be transferred, at his request and by direction of the

Secretary concerned, to such inactive status list as may be

established for members of his armed force, other than members of a

regular component.

(b) While on an inactive status list under subsection (a), a

member is not required to participate in any training or other

program prescribed for his component.

(c) The Secretary may at any time recall to active status a

member who is on an inactive status list under subsection (a).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 104, Sec. 1335; renumbered Sec.

12735 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1335(a) 1335(b) 10:1036g (1st June 29, 1948, ch.

sentence). 34:440o 708, Sec. 308 (less

(1st sentence). last 41 words of 2d

10:1036g (2d sentence), 62 Stat.

sentence, less last 1090.

41 words). 34:440o

(2d sentence, less

last 41 words).

1335(c) 10:1036g (less 1st

and 2d sentences).

34:440o (less 1st

and 2d sentences).

-------------------------------

In subsection (a), the words ''would be eligible but for the fact

that he is under 60 years of age'' are substituted for the words

''has not attained the age of sixty years but is eligible in all

other respects''. The words ''for members of his armed force,

other than members of a regular component'' are substituted for the

words ''for the reserve components of the Army of the United States

or Air Force of the United States'', since the source statute

applied to all members except members of the regular components.

The words ''as has been, or'' and ''by law or regulation'' are

omitted as surplusage.

In subsection (b), the words ''after the effective date of such

transfer'' are omitted as surplusage.

In subsection (c), 10:1036g (last 32 words of last sentence) and

34:440o (last 32 words of last sentence) are omitted as surplusage.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 1335 of this title as

this section and amended text generally, making changes in style.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1209 of this title.

-CITE-

10 USC Sec. 12736 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12736. Service credited for retired pay benefits not excluded

for other benefits

-STATUTE-

No period of service included wholly or partly in determining a

person's right to, or the amount of, retired pay under this chapter

may be excluded in determining his eligibility for any annuity,

pension, or old-age benefit, under any other law, on account of

civilian employment by the United States or otherwise, or in

determining the amount payable under that law, if that service is

otherwise properly credited under it.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 104, Sec. 1336; renumbered Sec.

12736 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1336 10:1036d (less 1st June 29, 1948, ch.

sentence). 34:440l 708, Sec. 305 (less

(less 1st 1st sentence), 62

sentence). Stat. 1089.

-------------------------------

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 1336 of this title as

this section and restated catchline and text without change.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-CITE-

10 USC Sec. 12737 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12737. Limitation on active duty

-STATUTE-

A member of the armed forces may not be ordered to active duty

solely for the purpose of qualifying the member for retired pay

under this chapter.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 104, Sec. 1337; renumbered Sec.

12737 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1337 10:1036h. 34:440p. June 29, 1948, ch.

708, Sec. 309, 62

Stat. 1090.

-------------------------------

10:1036h (1st sentence) and 34:440p (1st sentence) are omitted as

surplusage. The words ''member of the armed forces'' are

substituted for the word ''person'', since only a member may be

''ordered to active duty''.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 1337 of this title as

this section and amended text generally, substituting ''the

member'' for ''him''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-CITE-

10 USC Sec. 12738 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12738. Limitations on revocation of retired pay

-STATUTE-

(a) After a person is granted retired pay under this chapter, or

is notified in accordance with section 12731(d) of this title that

the person has completed the years of service required for

eligibility for retired pay under this chapter, the person's

eligibility for retired pay may not be denied or revoked on the

basis of any error, miscalculation, misinformation, or

administrative determination of years of service performed as

required by section 12731(a)(2) of this title, unless it resulted

directly from the fraud or misrepresentation of the person.

(b) The number of years of creditable service upon which retired

pay is computed may be adjusted to correct any error,

miscalculation, misinformation, or administrative determination and

when such a correction is made the person is entitled to retired

pay in accordance with the number of years of creditable service,

as corrected, from the date the person is granted retired pay.

-SOURCE-

(Added Pub. L. 89-652, Sec. 2(1), Oct. 14, 1966, 80 Stat. 902, Sec.

1406; renumbered Sec. 1338 and amended Pub. L. 99-348, title I,

Sec. 104(a), July 1, 1986, 100 Stat. 686; renumbered Sec. 12738 and

amended Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(1), Oct.

5, 1994, 108 Stat. 2998, 3003.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 1338 of this title as

this section and amended text generally, making changes in style

and references to other sections.

1986 - Pub. L. 99-348 renumbered section 1406 of this title as

this section, designated first sentence as subsec. (a) and

substituted ''this chapter'' for ''chapter 67 of this title'' in

two places, and designated second sentence as subsec. (b).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

ENTITLEMENT TO RETIREMENT PAY AFTER OCTOBER 14, 1966;

CONCLUSIVENESS

Section 3 of Pub. L. 89-652 provided that: ''Notwithstanding

section 1406 (now 12738) of title 10, United States Code, as added

by this Act -

''(1) the granting of retired pay to a person under chapter 67

(now 1223) of that title is conclusive as to that person's

entitlement to such pay only if the payment of that retired pay

is begun after the effective date of this Act (Oct. 14, 1966);

and

''(2) a notification that a person has completed the years of

service required for eligibility for retired pay under chapter 67

(now 1223) of that title is conclusive as to the person's

subsequent entitlement to such pay only if the notification is

made after the effective date of this Act.''

-CITE-

10 USC Sec. 12739 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12739. Computation of retired pay

-STATUTE-

(a) The monthly retired pay of a person entitled to that pay

under this chapter is the product of -

(1) the retired pay base for that person as computed under

section 1406(b)(2) or 1407 of this title; and

(2) 2 1/2 percent of the years of service credited to that

person under section 12733 of this title.

(b) If a person entitled to retired pay under this chapter has

been credited by the Secretary concerned with extraordinary heroism

in the line of duty and if the highest grade held satisfactorily by

that person at any time in the armed forces is an enlisted grade,

the person's retired pay shall be increased by 10 percent of the

amount determined under subsection (a). The Secretary's

determination as to extraordinary heroism is conclusive for all

purposes.

(c) The total amount of the monthly retired pay computed under

subsections (a) and (b) may not exceed 75 percent of the retired

pay base upon which the computation is based.

(d) Amounts computed under this section, if not a multiple of $1,

shall be rounded down to the next lower multiple of $1.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(1), Oct.

5, 1994, 108 Stat. 3004; amended Pub. L. 107-314, div. A, title

VI, Sec. 632(a), (b), Dec. 2, 2002, 116 Stat. 2572.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

formula 3 of the table in section 1401(a) of this title, prior to

amendment by Pub. L. 103-337, Sec. 1662(j)(2).

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-314, Sec. 632(a)(2), added

subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 107-314, Sec. 632(a)(1), (b), redesignated

subsec. (b) as (c) and substituted ''total amount of the monthly

retired pay computed under subsections (a) and (b)'' for ''amount

computed under subsection (a)''. Former subsec. (c) redesignated

(d).

Subsec. (d). Pub. L. 107-314, Sec. 632(a)(1), redesignated

subsec. (c) as (d).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title VI, Sec. 632(c), Dec. 2, 2002,

116 Stat. 2572, provided that: ''The amendments made by subsections

(a) and (b) (amending this section) shall take effect on October 1,

2002, and shall apply with respect to retired pay for months

beginning on or after that date.''

EFFECTIVE DATE

Section effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as a note under section

10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1209, 12731 of this

title.

-CITE-

10 USC Sec. 12740 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12740. Eligibility: denial upon certain punitive discharges or

dismissals

-STATUTE-

A person who -

(1) is convicted of an offense under the Uniform Code of

Military Justice (chapter 47 of this title) and whose sentence

includes death; or

(2) is separated pursuant to sentence of a court-martial with a

dishonorable discharge, a bad conduct discharge, or (in the case

of an officer) a dismissal,

is not eligible for retired pay under this chapter.

-SOURCE-

(Added Pub. L. 104-106, div. A, title VI, Sec. 632(a)(1), Feb. 10,

1996, 110 Stat. 365.)

-MISC1-

EFFECTIVE DATE

Section 632(b) of Pub. L. 104-106 provided that: ''Section 12740

of title 10, United States Code, as added by subsection (a), shall

apply with respect to court-martial sentences adjudged after the

date of the enactment of this Act (Feb. 10, 1996).''

-CITE-

10 USC Sec. 12741 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-

Sec. 12741. Retirement from active reserve service performed after

regular retirement

-STATUTE-

(a) Election of Reserve Retired Pay. - A person who, after

becoming entitled to retired or retainer pay under chapter 65, 367,

571, or 867 of this title, serves in an active status in a reserve

component is entitled to retired pay under this chapter if -

(1) the person would, but for paragraphs (3) and (4) of section

12731(a) of this title, otherwise be entitled to retired pay

under this chapter;

(2) the person elects under this section to receive retired pay

under this chapter; and

(3) the person's service in an active status after having

become entitled to retired or retainer pay under that chapter is

determined by the Secretary concerned to have been satisfactory.

(b) Actions To Effectuate Election. - As of the effective date of

an election made by a person under subsection (a), the Secretary

concerned shall -

(1) terminate the person's entitlement to retired or retainer

pay under the applicable chapter of this title referred to in

subsection (a); and

(2) in the case of a reserve commissioned officer, transfer the

officer to the Retired Reserve.

(c) Time and Form of Election. - An election under subsection (b)

shall be made within such time and in such form as the Secretary

concerned requires.

(d) Effective Date of Election. - An election made by a person

under subsection (b) shall be effective -

(1) except as provided in paragraph (2)(B), as of the date on

which the person attains 60 years of age, if the Secretary

concerned receives the election in accordance with this section

within 180 days after that date; or

(2) on the first day of the first month that begins after the

date on which the Secretary concerned receives the election in

accordance with this section, if -

(A) the date of the receipt of the election is more than 180

days after the date on which the person attains 60 years of

age; or

(B) the person retires from service in an active status

within that 180-day period.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title VI, Sec.

653(a)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-164; amended Pub.

L. 107-107, div. A, title X, Sec. 1048(a)(31), Dec. 28, 2001, 115

Stat. 1225.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(2). Pub. L. 107-107 substituted ''receive''

for ''received''.

EFFECTIVE DATE

Pub. L. 106-398, Sec. 1 ((div. A), title VI, Sec. 653(b)), Oct.

30, 2000, 114 Stat. 1654, 1654A-165, provided that: ''Section 12741

of title 10, United States Code, as added by subsection (a), shall

take effect 180 days after the date of the enactment of this Act

(Oct. 30, 2000) and shall apply with respect to retired pay payable

for months beginning on or after that effective date.''

-CITE-