(a)For the purpose of determining whether an enlisted member of the Army may be retired under section
3917 of this title, his years of service are computed by adding all active service in the armed forces and service computed under section
3683 of this title.
(b)Time required to be made up under section
972(a) of this title may not be counted in determining years of service under subsection (a).
In subsection (a), the words “active service” are substituted for the word “service”, in 10:947, and “active Federal service performed”, in 10:958, for uniformity. The words “service computed under section
3683 of this title” are inserted, since a person entitled to count service under that revised section might cease to be a nurse or woman medical specialist and thereafter become entitled to retire under one of the revised sections referred to in subsection (a) of this revised section.
Subsection (b) is inserted because of section
3638 of this title and in accordance with long-standing interpretation of the effect of 10:629 upon the computation of years of service for retirement.
Source (U.S. Code)
Source (Statutes at Large)
The amendment reflects the repeal of section
3638 of this title and the enactment of a similar provision in section
972 of this title.
References in Text
3683 of this title, referred to in subsec. (a), was repealed (subject to a savings clause) by Pub. L. 99–145, title XIII, § 1301(b)(1)(A), (C),Nov. 8, 1985, 99 Stat. 735.
1994—Subsec. (a). Pub. L. 103–337, § 635(a)(1)(A), struck out “and of computing his retired pay under section
3991 of this title,” after “3917 of this title,”.
Subsec. (c). Pub. L. 103–337, § 635(a)(1)(B), struck out subsec. (c) which read as follows: “In determining a member’s years of service under subsection (a) for the purpose of computing the member’s retired pay under section
3991 of this title—
“(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 year shall be disregarded.”
1980—Pub. L. 96–343, § 9(a)(2)(A), struck out “regular” before “enlisted members” in section catchline.
Subsec. (a). Pub. L. 96–343, § 9(a)(2)(B), substituted “an enlisted” for “a regular enlisted”.
1958—Subsec. (b). Pub. L. 85–861substituted “section
972 of this title” for “section
3638 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
Amendment by Pub. L. 103–337applicable to computation of retired pay of any enlisted member who retires on or after Oct. 5, 1994, to computation of retainer pay of any enlisted member who is transferred to Fleet Reserve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to recomputation of retired pay of any enlisted member who is advanced on retired list on or after Oct. 5, 1994, see section 635(e) ofPub. L. 103–337, set out as a note under section
1405 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–343effective with respect to retired pay payable for months beginning after Sept. 8, 1980, see section 9(c) ofPub. L. 96–343, set out as a note under section
3914 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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