37 U.S. Code § 205 - Computation: service creditable

In subsection (a), the introductory clause is substituted for section 233(a) (introductory clause) of existing title 37. In clauses (1) and (2), the word “officer” is substituted for the words “commissioned officer, commissioned warrant officer, warrant officer” to conform to the definition of “officer” in section 101(11) of this revised title. In clause (1), the words “Regular or Reserve component” are omitted, since, under the definition of “reserve component” in section 102(k) of the source statute, those words are defined to include members without component status. Together, these categories compose the entire structure of any uniformed service. In clause (2)(F), the words “a reserve component of a uniformed service” are substituted for the words “the National Guard of the United States, or in the Organized Reserve Corps, or in the Officers’ Reserve Corps, or in the Enlisted Reserve Corps, or in the Medical Reserve Corps, or in the Medical Reserve Corps of the Navy, or in the Dental Reserve Corps of the Navy . . . or in the Naval Reserve . . . or in the Air National Guard of the United States, or in the Air Force Reserve, or in the officers’ section of the Air Force Reserve, or in the enlisted section of the Air Force Reserve, or in the Air Corps Reserve . . . or in the Marine Corps Reserve, or in the Coast Guard Reserve, or in the Reserve Corps of the Public Health Service,” since all of the named organizations were or are reserve components. In clause (4), the words “as it existed at any time before April 16, 1947” are inserted for clarity, since the reference is intended to apply to the corps established by law before April 16, 1947. Service in the Army Nurse Corps or Navy Nurse Corps now existing would be included under clause (1) or (2), since there is now no legal distinction between the service of nurses and that of other members of the Army and Navy. In clause (6), the date “January 1, 1961,” is substituted for the words “the effective date of this section,” to reflect laws enacted after that effective date which authorized certain service to be credited for pay purposes. See, for example, Public Law 86–142. Clause (9) is substituted for section 233(b) (less proviso) of existing title 37. The last sentence is substituted for section 233(b) (proviso) of existing title 37.

In subsection (b), the first 33 words of section 233(d) of existing title 37 are omitted as covered by the words “are computed by adding” in subsection (a). The words “for any reason,” in section 233(d) of existing title 37, are omitted as surplusage.

In subsection (c)(3), the words “chapter 67 of title 10” are substituted for the words “title III of the Army and Air Force Vitalization and Retirement Equalization Act of 1948,” since that title was repealed by section 53 of the Act of August 10, 1956, ch. 1041 (70A Stat. 641), and is now codified as chapter 67 of title 10 by section 1 of that Act.

2006—Subsec. (a)(2)(I). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

2000—Subsec. (f). Pub. L. 106–398 substituted “that the officer performed concurrently as an enlisted member” for “that the officer performed concurrently as a member” and “section 12203” for “section 12209”.

1999—Subsec. (f). Pub. L. 106–65 added subsec. (f).

1997—Subsec. (d). Pub. L. 105–85 substituted a comma for the period after “August 1, 1979”.

1996—Subsec. (d). Pub. L. 104–201 substituted “for service that the officer performed on or after August 1, 1979.” for “that service after July 31, 1990, that the officer performed while serving on active duty”.

1994—Subsec. (e)(2)(A). Pub. L. 103–337, § 1676(b)(2)(A), substituted “12103(b) or 12103(d)” for “511(b) or 511(d)”.

Subsec. (e)(2)(B). Pub. L. 103–337, § 1676(b)(2)(B), substituted “chapter 1209” for “chapter 39”.

1993—Subsec. (a)(7)(B). Pub. L. 103–35 substituted “the Department of Veterans Affairs” for “the Veterans’ Administration”.

1992—Subsec. (d). Pub. L. 102–484 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Notwithstanding subsection (a), a commissioned officer may not count in computing his basic pay any period of service after October 13, 1964, that he performed concurrently as a member of a uniformed service and as a member of the Senior Reserve Officers’ Training Corps.”

1991—Subsecs. (a) to (c). Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing.

1989—Subsec. (e). Pub. L. 101–189 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Notwithstanding subsection (a) of this section, a period served by a member of a uniformed service in a reserve component under an enlistment under section 511 of title 10 before the member—

“(1) begins service on active duty under subsection (b) of that section, or

“(2) begins an initial period of active duty for training under subsection (d) of that section,

may not be counted under this section.”

1984—Subsec. (e). Pub. L. 98–525 added subsec. (e).

1980—Subsec. (a). Pub. L. 96–513, § 402(a), struck out in introductory text reference to subsec. (d) of this section, struck out cls. (7) and (8), which provided for the addition of four years for medical and dental officers and one year in addition to the four years for a medical officer who has completed one year of medical internship or the equivalent, respectively, redesignated cl. (9) as (7), and in text following cl. (7), as so redesignated, substituted “subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a” for “section 1402(b)–(d) and section 1402a(a)–(d)”, and “clauses (2) through (7)” for “clauses (2)–(9)”.

Pub. L. 96–513, § 516(3), substituted in cl. (5) “National Oceanic and Atmospheric Administration” for “Environmental Science Service Administration” and in provision following cl. (9) substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Service Administration” and inserted “Environmental Science Service Administration” before “Coast and Geodetic Survey”.

Pub. L. 96–342 inserted reference to section 1402a(a)–(d) of title 10.

Subsec. (b). Pub. L. 96–513, § 402(b), struck out provisions relating to reduction of amount of service authorized to be credited under cl. (7) or (8) of subsec. (a) of this section.

Subsecs. (c) to (e). Pub. L. 96–513, § 402(c), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c), relating to limitations on service credited under cl. (7) or (8) of subsec. (a) of this section, was struck out.

1974—Subsec. (a)(1). Pub. L. 93–545 inserted “aviation midshipman,” after “flight officer,”.

1968—Subsec. (e). Pub. L. 90–623 substituted “October 13, 1964,” for “the enactment of this subsection”.

1966—Subsec. (a). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in cl. (5) and inserted provision that, for the purpose of cl. (5), periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration includes periods during which a member was a deck officer or junior engineer in the Coast and Geodetic Survey.

1964—Subsec. (e). Pub. L. 88–647 added subsec. (e).

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Pub. L. 98–525, title VI, § 607(b), Oct. 19, 1984, 98 Stat. 2538, provided that:

Amendment by section 402 of Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Amendment by section 516(3) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513.

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Pub. L. 109–163, div. A, title VI, § 685(a), Jan. 6, 2006, 119 Stat. 3325, as amended by Pub. L. 109–364, div. A, title X, § 1071(e)(5), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 113–291, div. A, title VI, § 603(a)(2)(A), Dec. 19, 2014, 128 Stat. 3398, provided that:

Subsec. (f) of this section applicable to certain enlisted members of the Marine Corps Reserve selected for training as an officer candidate under section 12209 of Title 10, Armed Forces, before implementation of a financial assistance program under section 16401 of Title 10, see section 551(d) of Pub. L. 106–65, set out as a note under section 16401 of Title 10.

No increase in pay or retired or retainer pay to accrue for periods before Sept. 23, 1996, by reason of amendments made by section 507 of Pub. L. 104–201, see section 507(c) of Pub. L. 104–201, set out as a note under section 2106 of Title 10, Armed Forces.

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. 96–513, and 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. (particularly § 625) of Pub. L. 96–513, set out as a note under section 611 of Title 10, Armed Forces.