10 U.S.C. § 12732 | Entitlement to retired pay: computation of years of service

(a)

section 12731 of this title Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under , the person’s years of service are computed by adding the following:

(1)

July 1, 1949 The person’s years of service, before , in the following:

(A)

The armed forces.

(B)

June 15, 1933 The federally recognized National Guard before .

(C)

June 15, 1933 A federally recognized status in the National Guard before .

(D)

June 14, 1933 The National Guard after , if his service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, to the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air National Guard of the United States.

(E)

The Navy Reserve Force.

(F)

The Naval Militia that conformed to the standards prescribed by the Secretary of the Navy.

(G)

The National Naval Volunteers.

(H)

February 2, 1901 The Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Reserve of the Navy, as it existed at any time after .

(I)

December 22, 194256 Stat. 1072 The Army under an appointment under the Act of (ch. 805, ).

(J)

An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee—

(i)

April 6, 1917April 1, 1943 in the dietetic or physical therapy categories, if the service was performed after , and before ; or

(ii)

January 1, 1949January 1, 1949 in the occupational therapy category, if the service was performed before appointment in the Army Nurse Corps or the Women’s Medical Specialist Corps and before , or before appointment in the Air Force before , with a view to designation as an Air Force nurse or medical specialist.

(2)

July 1, 1949 Each one-year period, after , in which the person has been credited with at least 50 points on the following basis:

(A)

One point for each day of—

(i)

active service; or

(ii)

full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned;

if that service conformed to required standards and qualifications.

(B)

section 502 of title 32 One point for each attendance at a drill or period of equivalent instruction that was prescribed for that year by the Secretary concerned and conformed to the requirements prescribed by law, including attendance under .

(C)

Points at the rate of 15 a year for membership—

(i)

in a reserve component of an armed force,

(ii)

in the Army or the Air Force without component, or

(iii)

in any other category covered by subsection (a)(1) except a regular component.

(D)

section 2126(b) of this title Points credited for the year under .

(E)

section 12503 of this title section 115 of title 32 One point for each day on which funeral honors duty is performed for at least two hours under or , unless the duty is performed while in a status for which credit is provided under another subparagraph of this paragraph.

(F)

(i)

Subject to regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy, one point for each day of active service or one point for each drill or period of equivalent instruction that was prescribed by the Secretary concerned to be performed during the covered emergency period, if such person was prevented from performing such duty due to travel or duty restrictions imposed by the President, the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard.

(ii)

A person may not be credited more than 35 points in a one-year period under this subparagraph.

(iii)

March 1, 2020 In this subparagraph, the term “covered emergency period” means the period beginning on , and ending on the day that is 60 days after the date on which the travel or duty restriction applicable to the person concerned is lifted.

(G)

section 206 of title 37 section 711 of this title Points at the rate of 1 per inactive-duty training period, under , during which the member is on parental leave under .

For the purpose of clauses (A), (B), (C), (D), (E), (F), and (G), service in the National Guard shall be treated as if it were service in a reserve component, if the person concerned was later appointed in the National Guard of the United States, the Army National Guard of the United States, the Air National Guard of the United States, or as a Reserve of the Army or the Air Force, and served continuously in the National Guard from the date of his Federal recognition to the date of that appointment.

(3)

The person’s years of active service in the Commissioned Corps of the Public Health Service.

(4)

The person’s years of active commissioned service in the National Oceanic and Atmospheric Administration (including active commissioned service in the Environmental Science Services Administration and in the Coast and Geodetic Survey).

(b)

The following service may not be counted under subsection (a):

(1)

Service (other than active service) in an inactive section of the Organized Reserve Corps or of the Army Reserve, or in an inactive section of the officers’ section of the Air Force Reserve.

(2)

June 30, 1949 Service (other than active service) after , while on the Honorary Retired List of the Navy Reserve or of the Marine Corps Reserve.

(3)

Service in the inactive National Guard.

(4)

Service in a non-federally recognized status in the National Guard.

(5)

Service in the Fleet Reserve or the Fleet Marine Corps Reserve.

(6)

February 2, 190131 Stat. 753 July 1, 1938May 13, 190835 Stat. 146 Service as an inactive Reserve nurse of the Army Nurse Corps established by the Act of (ch. 192, ), as amended, and service before , as an inactive Reserve nurse of the Navy Nurse Corps established by the Act of (ch. 166, ).

(7)

Service in any status other than that as commissioned officer, warrant officer, nurse, flight officer, aviation midshipman, appointed aviation cadet, or enlisted member, and that described in clauses (I) and (J) of subsection (a)(1).

(8)

section 10149 of this title section 433a of title 37 Service in the screening performed pursuant to through electronic means, regardless of whether or not a stipend is paid the member concerned for such service under .

Aug. 10, 1956, ch. 1041 70A Stat. 102 Pub. L. 85–861, § 33(a)(9)Sept. 2, 195872 Stat. 1565 Pub. L. 86–197, § 1(1)Aug. 25, 195973 Stat. 425 Pub. L. 88–636, § 1Oct. 8, 196478 Stat. 1034 Pub. L. 93–545, § 1Dec. 26, 197488 Stat. 1741 Pub. L. 96–513, title V, § 511(48)Dec. 12, 198094 Stat. 2924 Pub. L. 103–337, div. A, title XVI, § 1662(j)(1)Oct. 5, 1994108 Stat. 2998 Pub. L. 104–201, div. A, title V, § 543(b)(1)Sept. 23, 1996110 Stat. 2522 Pub. L. 106–65, div. A, title V, § 578(h)(1)Oct. 5, 1999113 Stat. 628 Pub. L. 109–163, div. A, title V, § 515(b)(1)(MM)Jan. 6, 2006119 Stat. 3234 Pub. L. 110–181, div. A, title VI, § 633(c)Jan. 28, 2008122 Stat. 155 Pub. L. 116–283, div. A, title V, § 516(a)Jan. 1, 2021134 Stat. 3589 Pub. L. 118–31, div. A, title VI, § 601(c)Dec. 22, 2023137 Stat. 289 (, , § 1332; , , ; –(3), , ; , , ; , , ; , , ; renumbered § 12732 and amended , , , 3000; , , ; , , ; , , ; , , ; , title VI, § 602(b)(4), , , 3671; , , .)

Historical and Revision Notes
1956 Act
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1332(a)	10:1036a(b). 10:1036a(c). 10:1036e(a). 10:1036e(b). 10:1036e(c) (less applicability to determination of retired pay). 10:1036e(d) (less applicability to determination of retired pay).	June 29, 1948, ch. 708, § 302(b), (c), 62 Stat. 1089; Sept. 7, 1949, ch. 547, §§ 1, 2, 63 Stat. 693. June 29, 1948, ch. 708, § 306 (less (c) and (d), as applicable to determination of retired pay), 62 Stat. 1088.
	34:440i(b).
	34:440i(c).
	34:440m(a).
	34:440m(b).
	34:440m(c) (less applicability to determination of retired pay).
	34:440m(d) (less applicability to determination of retired pay).
1332(b)	10:1036e(e).
	10:1036e(f).
	34:440m(e).
	34:440m(f).

Subsection (a) consolidates the provisions of 10:1036a and 1036e(b)–(d), and 34:440i and 440m(b)–(d), relating to service that may be counted in determining eligibility for retired pay under this chapter. 10:1036e(a) and 34:440m(a) are omitted as covered by the enumeration of the service that may be counted for the purposes of the revised section.

July 1, 1949In subsection (a)(1)(A)–(F), the requirement that the service must have been satisfactory is omitted as executed, since all service before , has been found to have been satisfactory by the Secretaries concerned.

February 28, 1925In subsection (a)(1)(A), the words “the armed forces” are substituted for clauses (1), (2), (5)–(7), (9), (10), and (13)–(16), of 10:1036e(c) and 34:440m(c), and so much of clause (8) of 10:1036e(c) and 34:440m(c) as relates to the Naval Reserve and the Naval Reserve Force as constituted after , since the service covered by those clauses when added to service in the regular components, comprises all service in the armed forces.

section 5 of the Act of June 15, 1933, ch. 87 48 Stat. 155 In subsection (a)(1)(B)–(C), the words “June 15” are inserted to reflect the exact date of the change in National Guard status made by , , which established the National Guard of the United States as a reserve component of the Army.

In subsection (a)(1)(D), 10:1036e(c)(8) (last 25 words), 10:1036e(c)(9) (last 22 words), 34:440m(c)(8) (last 25 words), and 34:440m(c)(9) (last 22 words) are omitted as covered by subsection (b)(5).

In subsection (a)(2)(A), the words “service that conformed to required standards and qualifications” are substituted for 10:1036e(b) and 34:440m(b). In clause (a)(2)(A), 10:1036e(d) and 34:440m(d), which make it clear that “active Federal service”, in the sense in which that term is used in 10:1036a–e and 34:440i–m, includes annual training duty and attendance at service schools, are omitted as covered by sections 101(22) and 101(24) of this title.

In subsection (a)(2)(A) and (B), specific reference is made to National Guard service to reflect the opinion of the Judge Advocate General of the Army (JAGA, 1956/1908, 13 Feb. 1956).

In subsection (a)(2)(C), the words “other than active Federal service” are omitted, since the points for membership are not reduced by active duty (see opinion of the Judge Advocate General of the Army (JAGA, 1953/2016, 3 Mar. 1953)).

In subsections (a) and (b), the words “active service” are substituted for the words “active Federal service” for uniformity of expression. In clause (5), the words “transferred thereto after completion of 16 or more years of active naval service” are omitted, since other authorized fleet reserve categories have not been used and authority for them is omitted from this revised title as unnecessary.

Subsection (b)(1)–(4) is inserted because of 10:1036e(e) and (f) and 34:440m(e) and (f), which state that the service enumerated in those clauses may not be considered in determining eligibility for retired pay under this chapter. Clause (5) is based on the exclusions in 34:440m(c)(8)–(9).

Subsection (b)(6) is inserted for clarity since 10:1036a and 34:440i were limited in applicability to service in the status of a “commissioned officer, warrant officer, flight officer, or enlisted person.”

Act1958

Feb. 13, 1956section 502 of title 3262 Stat. 1087 section 1332 of title 10The word “full-time” is inserted for clarity. The other change reflects the opinion of the Judge Advocate General of the Army (JAGA 1956/1908, ) that duty performed under section 92 of the National Defense Act, the source statute for , was creditable in determining entitlement to retired pay under section 302 of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (), the source statute for .

Editorial Notes

References in Text

December 22, 1942act Dec. 22, 1942, ch. 805 56 Stat. 1072 act Aug. 10, 1956, ch. 1041, § 53 70A Stat. 641 Act of , referred to in subsec. (a)(1)(I), is , , which amended section 164 of former Title 10, Army and Air Force, and enacted provisions set out as notes under section 81 of former Title 10 and section 113 of former Title 37, Pay and Allowances, and was repealed as executed, by , .

Pub. L. 85–155Aug. 21, 195771 Stat. 375 section 7070 of this titleact Aug. 9, 1955, ch. 654 69 Stat. 579 Women’s Medical Specialist Corps, referred to in subsec. (a)(1)(J)(ii), redesignated Army Medical Specialist Corps by , , . See . See, also, , .

Amendments

Pub. L. 118–31 section 206 of title 37 section 711 of this title2023—Subsec. (a)(2)(G). substituted “1 per inactive-duty training period, under , during which the member is on parental leave under .” for “12 per period during which the member is on maternity leave.”

Pub. L. 116–283, § 602(b)(4)(B)2021—Subsec. (a)(2). , substituted “(F), and (G)” for “and (F)” in concluding provisions.

Pub. L. 116–283, § 516(a)(2), substituted “(E), and (F)” for “and (E)” in concluding provisions.

Pub. L. 116–283, § 516(a)(1)Subsec. (a)(2)(F). , added subpar. (F).

Pub. L. 116–283, § 602(b)(4)(A)Subsec. (a)(2)(G). , added subpar. (G).

Pub. L. 110–1812008—Subsec. (b)(8). added par. (8).

Pub. L. 109–1632006—Subsecs. (a)(1)(E), (b)(2). substituted “Navy Reserve” for “Naval Reserve”.

Pub. L. 106–651999—Subsec. (a)(2). added subpar. (E) and substituted “, (D), and (E)” for “, and (D)” in concluding provisions.

Pub. L. 104–2011996—Subsec. (a)(2). added cl. (D) and substituted “(C), and (D)” for “and (C)” in concluding provisions.

Pub. L. 103–337 section 1332 of this title1994— renumbered as this section, substituted “Entitlement to retired pay: computation of years of service” for “Computation of years of service in determining entitlement to retired pay” as section catchline, and amended text generally, making changes in style, references to other sections and Acts, and the service in the Public Health Service and the National Oceanic and Atmospheric Administration that may be included in the computation of years of service in subsec. (a).

Pub. L. 96–5131980—Subsec. (a)(4). inserted provisions relating to applicability to service in National Oceanic and Atmospheric Administration and Environmental Science Services Administration.

Pub. L. 93–5451974—Subsec. (b)(7). inserted “aviation midshipman,” after “flight officer,”.

Pub. L. 88–6361964—Subsec. (a)(3), (4). added cls. (3) and (4).

Pub. L. 86–1971959—Subsec. (a). , §§ (1), (2), redesignated cls. (D) to (F) as (E) to (G), and added cls. (D), (H), (I), and (J), and provisions requiring, for the purpose of cls. (A), (B), and (C), service in the National Guard to be treated as if it were service in a reserve component, if the person concerned was later appointed in the National Guard of the United States, the Army National Guard of the United States, the Air National Guard of the United States, or as a Reserve of the Army or the Air Force, and served continuously in the National Guard from the date of his Federal recognition to the date of that appointment.

Pub. L. 86–197, § 1(3)Subsec. (b)(6), (7). , added par. (6), redesignated former par. (6) as (7), and prohibited the counting of service as a nurse, as an appointed aviation cadet, and that service described in cls. (I) and (J) of subsec. (a)(1) of this section.

Pub. L. 85–861 section 502 of this title1958—Subsec. (a). substituted “full-time service under” for “service under”, and inserted reference to in cl. (2)(A)(ii).

Statutory Notes and Related Subsidiaries

Effective Date of 2023 Amendment

Pub. L. 118–31Oct. 1, 2024section 601(e) of Pub. L. 118–31 section 711 of this titleAmendment by effective on , and applicable with respect to periods of parental leave that commence on or after such date, see , set out as a note under .

Effective Date of 2021 Amendment

Pub. L. 116–283, div. A, title VI, § 602(c)Jan. 1, 2021134 Stat. 3671

section 12733 of this title section 206 of Title 37Jan. 1, 2021“This section [amending this section, , and , Pay and Allowances of the Uniformed Services, and enacting provisions set out as a note below] and the amendments made by this section shall take effect on the date of the enactment of this Act [], and shall apply with respect to periods of maternity leave that commence on or after that date.”

, , , provided that:

Effective Date of 1994 Amendment

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

Effective Date of 1980 Amendment

Pub. L. 96–513Dec. 12, 1980section 701(b)(3) of Pub. L. 96–513 section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1964 Amendment

Pub. L. 88–636, § 2Oct. 8, 196478 Stat. 1034

Oct. 8, 1964“The amendments made by this Act [amending this section] shall apply to any period before enactment of this Act [] during which the Commissioned Corps of the Public Health Service has had the status of a military service, and to any period before enactment of this Act during which commissioned personnel of the Coast and Geodetic Survey were transferred to the service and jurisdiction of a military department.”

, , , provided that:

Effective Date of 1958 Amendment

Pub. L. 85–861Aug. 10, 1956Pub. L. 85–861 section 101 of this titleAmendment by effective , see section 33 (g) of , set out as a note under .

Savings Provision

Pub. L. 86–197, § 3Aug. 25, 195973 Stat. 426

Aug. 25, 1959“This Act [amending this section and sections 3683, 3926, 6324, 8683 and 8926 of this title and enacting provisions set out as notes under sections 1431 and 3441 of this title] does not deprive any person of any service credit to which he was entitled on the day before the effective date of this Act [].”

, , , provided that:

Credit for Retired Pay Purposes

Pub. L. 116–283, div. A, title VI, § 602(b)(1)Jan. 1, 2021134 Stat. 3670 Pub. L. 118–31, div. A, title VI, § 601(d)Dec. 22, 2023137 Stat. 289

“(1)

In general .—

section 12732(a)(2)(G) of title 10The period of parental leave described in , United States Code, taken by a member of the reserve components of the Armed Forces shall count toward the member’s entitlement to retired pay, and in connection with the years of service used in computing retired pay, under chapter 1223 of title 10, United States Code, as 12 points.

“(2)

Separate credit for each period of leave .—

Separate crediting of points shall accrue to a member pursuant to this subsection for each period of parental leave taken by the member.

“(3)

When credited .—

Points credited a member for a period of parental leave pursuant to this subsection shall be credited in the year in which the period of parental leave concerned commences.”

–(3), , , 3671, as amended by , , , provided that:

Tracking System and Recommendations to Congress Relating to Award of Retirement Points

Pub. L. 104–201, div. A, title V, § 531(b)Sept. 23, 1996110 Stat. 2517

“(b)

Tracking System for Award of Retirement Points .—

section 12733 of this titleTo better enable the Secretary of Defense and Congress to assess the cost and the effect on readiness of the amendment made by subsection (a) [amending ] and of other potential changes to the Reserve retirement system under chapter 1223 of title 10, United States Code, the Secretary of Defense shall require the Secretary of each military department to implement a system to monitor the award of retirement points for purposes of that chapter by categories in accordance with the recommendation set forth in the August 1988 report of the Sixth Quadrennial Review of Military Compensation.

“(c)

Recommendations to Congress .—

Sept. 23, 1996The Secretary shall submit to Congress, not later than one year after the date of the enactment of this Act [], the recommendations of the Secretary with regard to the adoption of the following Reserve retirement initiatives recommended in the August 1988 report of the Sixth Quadrennial Review of Military Compensation:

“(1)

section 12732(a)(2) of title 10 Elimination of membership points under subparagraph (C) of , United States Code, in conjunction with a decrease from 50 to 35 in the number of points required for a satisfactory year under that section.

“(2)

Limitation to 60 in any year on the number of points that may be credited under subparagraph (B) of section 12732(a)(2) of such title at two points per day.

“(3)

Limitation to 360 in any year on the total number of retirement points countable for purposes of section 12733 of such title.”

, (c), , , 2518, provided that:

Coast Guard Women’s Reserve; Constructive Service Credit: Retirement Benefits; Retroactive Pay

Pub. L. 87–482June 12, 196276 Stat. 95

July 25, 1947November 1, 1949July 1, 1956July 25, 1947November 1, 1949July 25, 1947“That any person who was a member of the Coast Guard Women’s Reserve and who served on active duty therein for at least one year prior to ; who was separated therefrom under honorable conditions; and who also had membership therein for any period between , and , shall be deemed to have served on inactive duty with the Coast Guard Women’s Reserve from , to , in the grade or rating satisfactorily held on active duty prior to .

“Sec. 2.

Creditable constructive service for a person qualified under section 1 hereof shall be applied when providing retirement benefits under the Army and Air Force Vitalization and Retirement Equalization Act of 1948, as amended, or any other Act under which the individual may be entitled to retirement from the Armed Forces.

“Sec. 3.

Additional pay accruing to any person by virtue of increased creditable service resulting from the inclusion of constructive service creditable by application of section 1 hereof shall not be made for active or inactive duty for which pay is authorized by competent authority which is performed prior to the first day of the calendar quarter next succeeding the calendar quarter in which this Act becomes effective.”

, , , provided:

Additional Clerical Service Creditable Under This Chapter

Pub. L. 85–861, § 15Sept. 2, 195872 Stat. 1558

“(a)

Notwithstanding section 1332(b)(6) [now 12732(b)(7)] of title 10, United States Code, a person is entitled to count his service as an Army field clerk or as a field clerk, Quartermaster Corps, as active service in determining his entitlement to retired pay under chapter 67 [now 1223] of title 10, United States Code, and in computing his retired pay under that chapter.

“(b)

August 29, 1916 notwithstanding section 1332(b)(6) [now 12732(b)(7)] of title 10, United States Code, a warrant officer is entitled to count classified service as an Army headquarters clerk or as a clerk of the Army Quartermaster Corps that he performed under any law in effect before , as active service in determining his entitlement to retired pay under chapter 67 [now 1223] of title 10, United States Code, and in computing his retired pay under that chapter.”

, , , provided that: