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10 U.S.C. § 14706Computation of total years of service

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law explains how to count a reserve officer's years of service for retirement and separation purposes. It generally counts all service as a commissioned officer, but leaves out time as a warrant officer, constructive service, and certain time spent in school before starting active duty in a professional specialty. That school-time exclusion does not apply if the officer already served on active duty or in the Ready Reserve before becoming a student.

(a) A reserve officer's years of service, for purposes of this chapter and chapter 1407 of this title, include all of the officer's service as a commissioned officer of a uniformed service, except for three things: (1) service as a warrant officer; (2) constructive service; and (3) service after becoming a commissioned officer of a reserve component while in an advanced-education program to earn the first professional degree needed for a professional specialty -- but only the part of that service that happens before the officer starts initial active duty or initial Ready Reserve service in the specialty the degree leads to. (b) The exclusion in (a)(3) does not apply to an officer who already served on active duty, or served as a member of the Ready Reserve outside student status, for the period before their time as a student. (c) For purposes of (a)(3), an officer is considered to be in a professional specialty if they are appointed or assigned to the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service Corps, the Nurse Corps, or the Army Medical Specialists Corps, or are designated as a chaplain or judge advocate.
the actual law source: uscode.house.gov ↗public domain
(a)

For the purpose of this chapter and chapter 1407 of this title, a Reserve officer’s years of service include all service of the officer as a commissioned officer of a uniformed service other than the following:

(1)

Service as a warrant officer.

(2)

Constructive service.

(3)

Service after appointment as a commissioned officer of a reserve component while in a program of advanced education to obtain the first professional degree required for appointment, designation, or assignment to a professional specialty, but only if that service occurs before the officer commences initial service on active duty or initial service in the Ready Reserve in the specialty that results from such a degree.

(b)

The exclusion under subsection (a)(3) does not apply to service performed by an officer who previously served on active duty or participated as a member of the Ready Reserve in other than a student status for the period of service preceding the member’s service in a student status.

(c)

For purposes of subsection (a)(3), an officer shall be considered to be in a professional specialty if the officer is appointed or assigned to the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service Corps, the Nurse Corps, or the Army Medical Specialists Corps or is designated as a chaplain or judge advocate.

Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2957; amended Pub. L. 106–65, div. A, title V, § 515, Oct. 5, 1999, 113 Stat. 594.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2957
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 594

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.

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