Public Law 119-73 (01/23/2026)

10 U.S.C. § 12734

Time not creditable toward years of service

(a)
Service in an inactive status may not be counted in any computation of years of service under this chapter.
(b)
section 12641 of this title Time spent after retirement (without pay) for failure to conform to standards and qualifications prescribed under may not be credited in a computation of years of service under this chapter.

Aug. 10, 1956, ch. 104170A Stat. 104Pub. L. 87–651, title I, § 10876 Stat. 509Pub. L. 103–337, div. A, title XVI, § 1662(j)(1)108 Stat. 2998(, , § 1334; , , ; renumbered § 12734 and amended , , , 3003.)

Historical and Revision Notes

1956 Act

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1334(a)

10:1036c (last sentence, as applicable to inactive status).

10:1036g (last 41 words of 2d sentence).

34:440k (last sentence, as applicable to inactive status).

June 29, 1948, ch. 708, §§ 304 (last sentence), 308 (last 41 words of 2d sentence), 62 Stat. 1088, 1090.

July 9, 1952, ch. 608, § 211(b) (less 1st 16 words), 66 Stat. 485.

34:440o (last 41 words of 2d sentence).

50:931(b) (less 1st 16 words).

1334(b)

10:1036c (last sentence, less applicability to inactive status).

34:440k (last sentence, less applicability to inactive status).

oSubsection (a) is substituted for 10:1036c (1st 17 words of last sentence, as applicable to inactive status), 10:1036g (last 41 words of 2d sentence), 34:440k (last 17 words of last sentence, as applicable to inactive status), and 34:440 (last 41 words of 2d sentence). 10:1036c (proviso of last sentence, as applicable to inactive status) and 34:440k (proviso of last sentence, as applicable to inactive status) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, as applicable to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, as applicable to inactive status) are omitted as surplusage.

In subsection (b), 10:1036c (proviso of last sentence, less applicability to inactive status) and 34:440k (proviso of last sentence, less applicability to inactive status) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) are omitted as surplusage.

Act1962

section 1334(b) of title 1062 Stat. 1089The change conforms to the source law, the last sentence of section 304 of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (). Section 305 makes the change retroactive to , the date of repeal of the source law by the original military codification act of that date.

Editorial Notes

Amendments

Pub. L. 103–337section 1334 of this title1994— renumbered as this section and amended text generally, changing one section reference.

Pub. L. 87–651section 1001 of this title1962—Subsec. (b). substituted “retirement (without pay) for failure to conform to standards and qualifications prescribed under may not be credited in a computation” for “retirement or transfer to the Retired Reserve may not be credited in any computation.”

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

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

Effective Date of 1962 Amendment

Section 305 of Pub. L. 87–651

“Section 108 of this Act [amending this section] is effective as of , for all purposes. Section 304 of this Act is effective as of .”
provided that: