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10 U.S.C. § 12732Entitlement to retired pay: computation of years of service

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 1,147 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains how to count a reservist's years of service toward the 20-year retirement rule. Service before July 1, 1949 is counted directly. After that date, each year needs at least 50 points, earned mainly for active duty days and drill attendance.

(a) How years of service are added up (except as subsection (b) limits): the person's years of service equal the sum of: (1) Years of service before July 1, 1949, in any of these: (A) the armed forces; (B) the federally recognized National Guard before June 15, 1933; (C) a federally recognized status in the National Guard before that date; (D) the National Guard after June 14, 1933, if service was continuous from enlistment (or federal recognition as an officer) through later enlistment or appointment 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 Navy Reserve Force; (F) the Naval Militia, if it met standards set by the Secretary of the Navy; (G) the National Naval Volunteers; (H) the Army Nurse Corps, the Navy Nurse Corps, or their Reserve corps, at any time after February 2, 1901; (I) the Army under a specific 1942 appointment law; or (J) full-time civilian work with the Army Medical Department (other than as a student or apprentice), in dietetic or physical therapy roles before April 1, 1943 (and after April 6, 1917), or in occupational therapy before a later appointment in the Army Nurse Corps, the Women's Medical Specialist Corps, or the Air Force before January 1, 1949. (2) After July 1, 1949, each one-year period in which the person earned at least 50 points, counted as: (A) one point for each day of active service, or of full-time duty under listed sections of title 32 while on annual training or attending a designated service school, as long as it met required standards; (B) one point for each drill or equivalent instruction period the Secretary concerned prescribed and that met legal requirements; (C) 15 points a year just for membership in a reserve component, in the Army or Air Force without a component, or in another qualifying category (other than a regular component); (D) points credited under section 2126(b); (E) one point for each day of funeral honors duty of at least two hours, unless already credited under another category; (F)(i) one point for each day of active service or drill during a "covered emergency period," if travel or duty restrictions from the President, the Secretary of Defense, or (for the Coast Guard) the Secretary of Homeland Security prevented the person from performing that duty — (ii) capped at 35 points in any one year — where (iii) "covered emergency period" means the period from March 1, 2020, through 60 days after the person's travel or duty restriction was lifted; and (G) one point for each inactive-duty training period missed while the member was on parental leave under section 711. For purposes of (A) through (G), National Guard service counts as reserve component service if the person was later appointed into the National Guard of the United States, the Army or Air National Guard of the United States, or as a Reserve officer of the Army or Air Force, and served continuously from federal recognition to 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 its predecessor agencies (the Environmental Science Services Administration and the Coast and Geodetic Survey). (b) Service that cannot be counted under subsection (a): (1) Inactive service (other than active service) in the Organized Reserve Corps, the Army Reserve, or the officers' section of the Air Force Reserve; (2) Inactive service after June 30, 1949 while on the Honorary Retired List of the Navy Reserve or Marine Corps Reserve; (3) Service in the inactive National Guard; (4) Service in a non-federally-recognized National Guard status; (5) Service in the Fleet Reserve or Fleet Marine Corps Reserve; (6) Service as an inactive Reserve nurse of the Army Nurse Corps (established in 1901), or, before July 1, 1938, of the Navy Nurse Corps (established in 1908); (7) Service in any role besides commissioned officer, warrant officer, nurse, flight officer, aviation midshipman, appointed aviation cadet, or enlisted member (except the categories described in subsection (a)(1)(I) and (J)); and (8) Screening performed under section 10149 through electronic means, whether or not the member was paid a stipend for it under section 433a of title 37.
the actual law source: uscode.house.gov ↗public domain
(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 Navy 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.

(F)
(i)

Subject to regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy, one point for each day of active service or one point for each drill or period of equivalent instruction that was prescribed by the Secretary concerned to be performed during the covered emergency period, if such person was prevented from performing such duty due to travel or duty restrictions imposed by the President, the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard.

(ii)

A person may not be credited more than 35 points in a one-year period under this subparagraph.

(iii)

In this subparagraph, the term “covered emergency period” means the period beginning on March 1, 2020, and ending on the day that is 60 days after the date on which the travel or duty restriction applicable to the person concerned is lifted.

(G)

Points at the rate of 1 per inactive-duty training period, under section 206 of title 37, during which the member is on parental leave under section 711 of this title.

For the purpose of clauses (A), (B), (C), (D), (E), (F), and (G), 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 Navy 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).

(8)

Service in the screening performed pursuant to section 10149 of this title through electronic means, regardless of whether or not a stipend is paid the member concerned for such service under section 433a of title 37.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 102, § 1332; Pub. L. 85–861, § 33(a)(9), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 86–197, § 1(1)–(3), Aug. 25, 1959, 73 Stat. 425; Pub. L. 88–636, § 1, Oct. 8, 1964, 78 Stat. 1034; Pub. L. 93–545, § 1, Dec. 26, 1974, 88 Stat. 1741; Pub. L. 96–513, title V, § 511(48), Dec. 12, 1980, 94 Stat. 2924; renumbered § 12732 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3000; Pub. L. 104–201, div. A, title V, § 543(b)(1), Sept. 23, 1996, 110 Stat. 2522; Pub. L. 106–65, div. A, title V, § 578(h)(1), Oct. 5, 1999, 113 Stat. 628; Pub. L. 109–163, div. A, title V, § 515(b)(1)(MM), Jan. 6, 2006, 119 Stat. 3234; Pub. L. 110–181, div. A, title VI, § 633(c), Jan. 28, 2008, 122 Stat. 155; Pub. L. 116–283, div. A, title V, § 516(a), title VI, § 602(b)(4), Jan. 1, 2021, 134 Stat. 3589, 3671; Pub. L. 118–31, div. A, title VI, § 601(c), Dec. 22, 2023, 137 Stat. 289.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1958Amended · Pub. L. 85-861 · 72 Stat. 1565
  • 1959Amended · Pub. L. 86-197 · 73 Stat. 425
  • 1964Amended · Pub. L. 88-636 · 78 Stat. 1034
  • 1974Amended · Pub. L. 93-545 · 88 Stat. 1741
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2924
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2998, 3000
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2522
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 628
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3234
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 155
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3589, 3671
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 289

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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