10 USC § 1405 - Years of service

(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 or Air 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

(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.)

Historical and Revision Notes

1958 Act

Revised section	Source (U.S. Code)	Source (Statutes at Large)
1405	[No source].	[No source].

The amendment reflects section 11 of the Act of May 20, 1958, Pub. L. 85–422(72 Stat. 130).

1962 Act

The change corrects a typographical error.

1982 Act

This amends 10:1405 to correct an inadvertent error in the codification of title 10 in 1956 relating to retirement pay of warrant officers advanced on the retired list. Under provisions of law first enacted in 1948 through the codification of title 10 in 1956 and until 1965, warrant officers advanced on the retired list received credit for inactive service in the computation of retirement pay. The Comptroller General in 1965 (B–156576) held in effect that computation of such retirement pay was governed by the wording of new title 10 that based the computation on years of active service only even though this had the result of making a substantive change. The Armed Services Committee of the House of Representatives concurs that an error was made in the codification of title 10 and has indicated that corrective legislative action is properly a responsibility of the House Judiciary Committee. See, also, the amendments to 10:3992 and 8992 made by sections 1(40) and 1(52), respectively.

Amendments

2001—Subsec. (c)(1). Pub. L. 107–107substituted “October 5, 1994,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,”.

1996—Subsec. (c). Pub. L. 104–106, as amended by Pub. L. 104–201, substituted “Made Up or Excluded” for “Made Up” in heading, designated existing provisions as par. (1), substituted “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 the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,” for “section 972 of this title”, and added par. (2).

1994—Subsec. (a)(3). Pub. L. 103–337, § 1662(j)(3), substituted “12733” for “1333” and “12731” for “1331”.

Subsec. (c). Pub. L. 103–337, § 635(d), added subsec. (c).

1986—Pub. L. 99–348designated existing provision as subsec. (a), inserted heading, and in provision preceding par. (1) substituted “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” for “section 1401 (formulas 4 and 5), 3991 (formula A), 3992 (formula B), 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6383(c)(2), 8991 (formula A), or 8992 (formula B) of this title, the years of service of a member of the armed forces”, and added subsec. (b).

1982—Pub. L. 97–295, § 1(17), substituted “3991 (formula A), 3992 (formula B)” for “3991 (formula B)”, struck out “or” first time appearing, and substituted “8991 (formula A), or 8992 (formula B)” for “8991 (formula B)”.

1980—Pub. L. 96–513struck out provisions that permitted the crediting of certain periods of constructive service in computing the retired pay of medical and dental officers and provided that members would compute their years of service for retirement pay by adding (1) years of active service, (2) years of service not otherwise counted with which the member was entitled to be credited on May 31, 1958, and (3) years of service not otherwise counted with which he would be credited under section 1333 if he were entitled to retired pay under section 1331.

1967—Pub. L. 90–130struck out references to section 6399 (c)(2) of this title.

1962—Pub. L. 87–651struck out references to sections 6391 (h) and 6394 (g)(2) of this title and inserted a reference to section 6394 (h) of this title.

Pub. L. 87–649substituted “section 205 (a)(7) and (8) of title 37” for “section 233(a)(7) of title 37” in cl. (2).

1958—Pub. L. 85–861inserted references to sections 6323 (e) and 6391 (h) of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) ofPub. L. 104–106, set out as a note under section 972 of this title.

Effective Date of 1994 Amendment

Section 635(e) ofPub. L. 103–337provided that: “This section [amending this section and sections 3925, 3991, 3992, 6333, 8925, 8991, and 8992 of this title] shall apply to—

“(1) the computation of the retired pay of any enlisted member who retires on or after the date of the enactment of this Act [Oct. 5, 1994];

“(2) the computation of the retainer pay of any enlisted member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve on or after the date of the enactment of this Act; and

“(3) the recomputation of the retired pay of any enlisted member who is advanced on the retired list on or after the date of the enactment of this Act.”

Amendment by section 1662(j)(3) ofPub. L. 103–337effective Dec. 1, 1994, except as otherwise provided, see section 1691 ofPub. 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. 96–513effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513effective on Dec. 12, 1980, see section 701 ofPub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649effective Nov. 1, 1962, see section 15 ofPub. L. 87–649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date

Section effective June 1, 1958, see section 9 ofPub. L. 85–422.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468 (b), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title.