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37 U.S.C. § 205Computation: service creditable

submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 868 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law explains how to count a service member's years of service for basic pay. It adds up active duty and many kinds of past appointments, commissions, and reserve time. Some rules limit double-counting or exclude certain reserve or training periods.

(a) To figure out a uniformed service member's years of service for computing basic pay, add together the following periods (subject to the limits in subsections (b) and (c)): (1) All periods of active service as an officer, Army field clerk, flight officer, aviation midshipman, or enlisted member of a uniformed service. (2) All periods enlisted or appointed as an officer, Army field clerk, or flight officer in any of these: a regular component of a uniformed service; a reserve component; the Space Force; the Regular Army Reserve; the National Guard; the National Guard Reserve; the Naval Militia; the National Naval Volunteers; the Navy Reserve Force; the Army without a specified component; the Air Force without a specified component; the Marine Corps Reserve Force; the Philippine Scouts; or the Philippine Constabulary. (3) For a commissioned officer serving on June 30, 1922: all service that then counted toward longevity pay, plus any full-time service as a contract surgeon. (4) All time as a nurse, reserve nurse, or commissioned officer in the Army Nurse Corps (as it existed before April 16, 1947), the Navy Nurse Corps (same date), the Public Health Service, or a reserve component of any of these. (5) All time as a deck officer or junior engineer in the National Oceanic and Atmospheric Administration — which includes equivalent time in NOAA's predecessor agencies, the Environmental Science Services Administration and the Coast and Geodetic Survey. (6) All periods that were allowed to count toward basic pay under the law in effect on January 10, 1962. (7) All time spent: on a temporary disability retired list, an honorary retired list, or any uniformed service's retired list; entitled to retired pay, retirement pay, or retainer pay from a uniformed service or the VA, as a Fleet Reserve or Fleet Marine Corps Reserve member; or as a member of the Honorary Reserve of the Officers' Reserve Corps or the Organized Reserve Corps. There's a limit: except for active service under clause (1), and except as separate rules in title 10 provide, time spent on a retired list, in retired status, or in the Fleet Reserve/Fleet Marine Corps Reserve — even if it counts under clauses (2) through (7) — cannot be used to increase someone's retired pay, retirement pay, or retainer pay. (b) No period of time can be counted twice under subsection (a). (c) The periods counted under subsection (a) must, under the Secretary's regulations, include service performed before the member turned 18. (d) A commissioned officer cannot count, toward basic pay, any service performed after October 13, 1964 while also serving in the Senior Reserve Officers' Training Corps at the same time — except that service performed on or after August 1, 1979, other than training as an enlisted Selected Reserve member, can be counted. (e) (1) For a member who enlists in a reserve component, certain service described in paragraph (2) cannot be counted under this section. (2) That excluded service is: service in a reserve component under specific enlistment provisions (10 U.S.C. § 12103(b) or (d)) performed before the member starts active duty under that provision — unless the member did inactive-duty training first; and service under another enlistment provision (10 U.S.C. § 513), except for active duty ordered under chapter 1209 of title 10 or another law. (f) For a commissioned officer appointed under 10 U.S.C. § 12203 after getting financial assistance under 10 U.S.C. § 16401, service counted under this section cannot include time after January 1, 2000 spent concurrently as both an enlisted member of the Marine Corps Platoon Leaders Class program and the Marine Corps Reserve — except that service performed before commissioning, while also in the Platoon Leaders Class program, as an enlisted member on active duty or in the Selected Reserve, can still be counted.
the actual law source: uscode.house.gov ↗public domain
(a)

Subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding—

(1)

all periods of active service as an officer, Army field clerk, flight officer, aviation midshipman, or enlisted member of a uniformed service;

(2)

all periods during which he was enlisted or held an appointment as an officer, Army field clerk, or flight officer of—

(A)

a regular component of a uniformed service;

(B)

a reserve component of a uniformed service;

(C)

the Space Force;

(D)

the Regular Army Reserve;

(E)

the National Guard;

(F)

the National Guard Reserve;

(G)

the Naval Militia;

(H)

the National Naval Volunteers;

(I)

the Navy Reserve Force;

(J)

the Army without specification of component;

(K)

the Air Force without specification of component;

(L)

the Marine Corps Reserve Force;

(M)

the Philippine Scouts; or

(N)

the Philippine Constabulary;

(3)

for a commissioned officer in service on June 30, 1922, all service that was then counted in computing longevity pay and all service as a contract surgeon serving full time;

(4)

all periods during which he held an appointment as a nurse, reserve nurse, or commissioned officer in the Army Nurse Corps as it existed at any time before April 16, 1947, the Navy Nurse Corps as it existed at any time before April 16, 1947, or the Public Health Service, or a reserve component of any of them;

(5)

all periods during which he was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration;

(6)

all periods that, under law in effect on January 10, 1962, were authorized to be credited in computing basic pay; and

(7)

all periods while—

(A)

on a temporary disability retired list, honorary retired list, or a retired list of a uniformed service;

(B)

entitled to retired pay, retirement pay, or retainer pay, from a uniformed service or the Department of Veterans Affairs, as a member of the Fleet Reserve or the Fleet Marine Corps Reserve; or

(C)

a member of the Honorary Reserve of the Officers’ Reserve Corps or the Organized Reserve Corps.

Except for any period of active service described in clause (1) and except as provided by subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a of title 10, a period of service described in clauses (2) through (7) that is performed while on a retired list, in a retired status, or in the Fleet Reserve or Fleet Marine Corps Reserve, may not be included to increase retired pay, retirement pay, or retainer pay. For the purpose of clause (5), periods during which a member was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration includes periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration or the Coast and Geodetic Survey.

(b)

A period of time may not be counted more than once under subsection (a).

(c)

The periods of service authorized to be counted under subsection (a) shall, under regulations prescribed by the Secretary concerned, include service performed by a member of a uniformed service before he became 18 years of age.

(d)

Notwithstanding subsection (a), a commissioned officer may not count in computing basic pay a period of service after October 13, 1964, that the officer performed concurrently as a member of the Senior Reserve Officers’ Training Corps, except for service that the officer performed on or after August 1, 1979, other than for training as an enlisted member of the Selected Reserve may be so counted.

(e)
(1)

Notwithstanding subsection (a), a period of service described in paragraph (2) of a member who enlists in a reserve component may not be counted under this section.

(2)

Paragraph (1) applies to the following service:

(A)

Service performed while a member of a reserve component under an enlistment under section 12103(b) or 12103(d) of title 10 before the member begins service on active duty under such section (including a period of active duty for training) unless the member performs inactive-duty training before beginning service on active duty or active duty for training;

(B)

Service performed while a member of a reserve component under an enlistment under section 513 of title 10 (other than a period of active duty to which the member is ordered under chapter 1209 of title 10 or another provision of law).

(f)

Notwithstanding subsection (a), the periods of service of a commissioned officer appointed under section 12203 of title 10 after receiving financial assistance under section 16401 of such title that are counted under this section may not include a period of service after January 1, 2000, that the officer performed concurrently as an enlisted member of the Marine Corps Platoon Leaders Class program and the Marine Corps Reserve, except that service after that date that the officer performed before commissioning (concurrently with the period of service as a member of the Marine Corps Platoon Leaders Class program) as an enlisted member on active duty or as a member of the Selected Reserve may be so counted.

Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 458; Pub. L. 88–647, title II, § 202(1), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–718, § 49(a)(1), (b), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90–623, § 3(3), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–545, § 2, Dec. 26, 1974, 88 Stat. 1741; Pub. L. 96–342, title VIII, § 813(b)(3)(D), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, title IV, § 402, title V, § 516(3), Dec. 12, 1980, 94 Stat. 2904, 2937; Pub. L. 98–525, title VI, § 607(a), Oct. 19, 1984, 98 Stat. 2538; Pub. L. 101–189, div. A, title V, § 501(c), Nov. 29, 1989, 103 Stat. 1435; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title V, § 517(b), Oct. 23, 1992, 106 Stat. 2407; Pub. L. 103–35, title II, § 204(a)(1), May 31, 1993, 107 Stat. 102; Pub. L. 103–337, div. A, title XVI, § 1676(b)(2), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 104–201, div. A, title V, § 507(b), Sept. 23, 1996, 110 Stat. 2512; Pub. L. 105–85, div. A, title X, § 1073(b), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106–65, div. A, title V, § 551(c), Oct. 5, 1999, 113 Stat. 614; Pub. L. 106–398, § 1 [[div. A], title V, § 533(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–111; Pub. L. 109–163, div. A, title V, § 515(d)(1)(C), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 119–60, div. A, title VI, § 601(b)(3), Dec. 18, 2025, 139 Stat. 901.)

history & why it existsrecord from the source credit
  • 1962Enacted · Pub. L. 87-649 · 76 Stat. 458
  • 1964Amended · Pub. L. 88-647 · 78 Stat. 1070
  • 1966Amended · Pub. L. 89-718 · 80 Stat. 1121
  • 1968Amended · Pub. L. 90-623 · 82 Stat. 1314
  • 1974Amended · Pub. L. 93-545 · 88 Stat. 1741
  • 1980Amended · Pub. L. 96-342 · 94 Stat. 1104
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2904, 2937
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2538
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1435
  • 1991Amended · Pub. L. 102-25 · 105 Stat. 117
  • 1992Amended · Pub. L. 102-484 · 106 Stat. 2407
  • 1993Amended · Pub. L. 103-35 · 107 Stat. 102
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 3019
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2512
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1904
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 614
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3236
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 901

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.

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