10 U.S.C. § 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)

May 31, 1958 the years of service, not included in clause (1), with which he was entitled to be credited on , in computing his basic pay; and

(3)

section 12733 of this title section 12731 of this title the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under if he were entitled to retired pay under .

(b)

Fractional Years of Service .—

In determining a member’s years of service under subsection (a)—

(1)

¹₁₂ 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 ⁄ 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)

section 972(a) of this titleOctober 5, 1994 Time required to be made up by an enlisted member of the Army, Air Force, or Space Force under , 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 , 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.

Pub. L. 85–422, § 11(a)(1)(A)May 20, 195872 Stat. 130 Pub. L. 85–861, § 1Sept. 2, 195872 Stat. 1451 Pub. L. 87–649, § 6(f)(4)Sept. 7, 196276 Stat. 494 Pub. L. 87–651, title I, § 109Sept. 7, 196276 Stat. 509 Pub. L. 90–130, § 1(7)Nov. 8, 196781 Stat. 374 Pub. L. 96–513, title I, § 113(b)Dec. 12, 198094 Stat. 2877 Pub. L. 97–295, § 1(17)Oct. 12, 198296 Stat. 1290 Pub. L. 99–348, title I, § 106July 1, 1986100 Stat. 691 Pub. L. 103–337, div. A, title VI, § 635(d)Oct. 5, 1994108 Stat. 2789 Pub. L. 104–106, div. A, title V, § 561(d)(1)Feb. 10, 1996110 Stat. 322 Pub. L. 104–201, div. A, title X, § 1074(b)(1)Sept. 23, 1996110 Stat. 2660 Pub. L. 107–107, div. A, title X, § 1048(c)(7)Dec. 28, 2001115 Stat. 1226 Pub. L. 116–283, div. A, title IX, § 924(b)(25)Jan. 1, 2021134 Stat. 3824(Added , , ; amended (31A), , ; , , ; , , ; , , ; , , ; , , ; , , ; , title XVI, § 1662(j)(3), , , 3004; , , ; , , ; , , ; , , .)

Historical and Revision Notes
1958 Act
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1405	[No source].	[No source].

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

Act1962

The change corrects a typographical error.

Act1982

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.

Editorial Notes

Amendments

Pub. L. 116–2832021—Subsec. (c). substituted “, Air Force, or Space Force” for “or Air Force”.

Pub. L. 107–107October 5, 19942001—Subsec. (c)(1). substituted “,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,”.

Pub. L. 104–106 Pub. L. 104–201 section 972(a) of this title section 972 of this title1996—Subsec. (c). , as amended by , substituted “Made Up or Excluded” for “Made Up” in heading, designated existing provisions as par. (1), substituted “, 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 “”, and added par. (2).

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

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

Pub. L. 99–3481986— designated 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).

Pub. L. 97–295, § 1(17)1982—, 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)”.

Pub. L. 96–513May 31, 19581980— struck 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 , 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.

Pub. L. 90–130 section 6399(c)(2) of this title1967— struck out references to .

Pub. L. 87–651 section 6394(h) of this title1962— struck out references to sections 6391(h) and 6394(g)(2) of this title and inserted a reference to .

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

Pub. L. 85–8611958— inserted references to sections 6323(e) and 6391(h) of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

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

Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title VI, § 635(e)Oct. 5, 1994108 Stat. 2789

“This section [amending this section and sections 3925, 3991, 3992, 6333, 8925, 8991, and 8992 of this title] shall apply to—

“(1)

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

“(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.”

, , , provided that:

section 1662(j)(3) of 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. 96–513Sept. 15, 1981Pub. L. 96–513Dec. 12, 1980section 701 of Pub. L. 96–513 section 101 of this titleAmendment by effective , but the authority to prescribe regulations under the amendment by effective on , see , set out as a note under .

Effective Date of 1962 Amendment

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

Effective Date

June 1, 1958section 9 of Pub. L. 85–422May 20, 195872 Stat. 130Section effective , see , , .

Transfer of Functions

November 25, 2002section 542 of Title 6For 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 , as modified, set out as a note under .

Transition Provisions Under Defense Officer Personnel Management Act

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