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10 U.S.C. § 1405 — Years of service

submitted 68 years ago by Pub. L. 85-422 to r/title-10-ARMED-FORCES · 299 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains how to calculate a service member’s years of service for provisions that use this section. It includes active service, specified prior service, fractional months, and exclusions for time that must be made up or is excluded.

(a) In general. To compute a member’s years of service under a title provision that uses this section, add (1) the member’s years of active service; (2) other service credited to the member for basic-pay purposes on May 31, 1958; and (3) other service that would be creditable under section 12733 if the member were entitled to retired pay under section 12731. (b) Fractions. For this calculation, (1) each full month beyond the member’s full years of creditable service counts as 1/12 of a year; and (2) any remaining part of a month is ignored. (c) Time to make up or exclude. (1) Time an enlisted Army, Air Force, or Space Force member must make up under section 972(a), or time an enlisted Navy, Marine Corps, or Coast Guard member must make up under that section for a period after October 5, 1994, may not be counted under subsection (a). (2) Section 972(b) excludes from an officer’s service calculation under this section any time that section identifies for that officer.

the actual law source: uscode.house.gov ↗public domain
(a)In General.—

For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding—

(1)

his years of active service;

(2)

the years of service, not included in clause (1), with which he was entitled to be credited on May 31, 1958, in computing his basic pay; and

(3)

the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under section 12733 of this title if he were entitled to retired pay under section 12731 of this title.

(b)Fractional Years of Service.—

In determining a member’s years of service under subsection (a)—

(1)

each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and

(2)

any remaining fractional part of a month shall be disregarded.

(c)Exclusion of Time Required To Be Made Up or Excluded.—
(1)

Time required to be made up by an enlisted member of the Army, Air Force, or Space Force under section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after October 5, 1994, may not be counted in determining years of service under subsection (a).

(2)

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.

Source credit: (Added Pub. L. 85–422, § 11(a)(1)(A), May 20, 1958, 72 Stat. 130; amended Pub. L. 85–861, § 1(31A), Sept. 2, 1958, 72 Stat. 1451; Pub. L. 87–649, § 6(f)(4), Sept. 7, 1962, 76 Stat. 494; Pub. L. 87–651, title I, § 109, Sept. 7, 1962, 76 Stat. 509; Pub. L. 90–130, § 1(7), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title I, § 113(b), Dec. 12, 1980, 94 Stat. 2877; Pub. L. 97–295, § 1(17), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 99–348, title I, § 106, July 1, 1986, 100 Stat. 691; Pub. L. 103–337, div. A, title VI, § 635(d), title XVI, § 1662(j)(3), Oct. 5, 1994, 108 Stat. 2789, 3004; Pub. L. 104–106, div. A, title V, § 561(d)(1), Feb. 10, 1996, 110 Stat. 322; Pub. L. 104–201, div. A, title X, § 1074(b)(1), Sept. 23, 1996, 110 Stat. 2660; Pub. L. 107–107, div. A, title X, § 1048(c)(7), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 116–283, div. A, title IX, § 924(b)(25), Jan. 1, 2021, 134 Stat. 3824.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-422 · 72 Stat. 130
  • 1958Amended · Pub. L. 85-861 · 72 Stat. 1451
  • 1962Amended · Pub. L. 87-649 · 76 Stat. 494
  • 1962Amended · Pub. L. 87-651 · 76 Stat. 509
  • 1967Amended · Pub. L. 90-130 · 81 Stat. 374
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2877
  • 1982Amended · Pub. L. 97-295 · 96 Stat. 1290
  • 1986Amended · Pub. L. 99-348 · 100 Stat. 691
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2789, 3004
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 322
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2660
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1226
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3824

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-422 on 1958-05-20.

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