Pub. L. 87–64976 Stat. 458Pub. L. 88–647, title II, § 202(1)78 Stat. 1070Pub. L. 89–718, § 49(a)(1)80 Stat. 1121Pub. L. 90–623, § 3(3)82 Stat. 1314Pub. L. 93–545, § 288 Stat. 1741Pub. L. 96–342, title VIII, § 813(b)(3)(D)94 Stat. 1104Pub. L. 96–513, title IV, § 40294 Stat. 2904Pub. L. 98–525, title VI, § 607(a)98 Stat. 2538Pub. L. 101–189, div. A, title V, § 501(c)103 Stat. 1435Pub. L. 102–25, title VII, § 702(b)(1)105 Stat. 117Pub. L. 102–484, div. A, title V, § 517(b)106 Stat. 2407Pub. L. 103–35, title II, § 204(a)(1)107 Stat. 102Pub. L. 103–337, div. A, title XVI, § 1676(b)(2)108 Stat. 3019Pub. L. 104–201, div. A, title V, § 507(b)110 Stat. 2512Pub. L. 105–85, div. A, title X, § 1073(b)111 Stat. 1904Pub. L. 106–65, div. A, title V, § 551(c)113 Stat. 614Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 109–163, div. A, title V, § 515(d)(1)(C)119 Stat. 3236Pub. L. 119–60, div. A, title VI, § 601(b)(3)139 Stat. 901(, , ; , , ; , (b), , ; , , ; , , ; , , ; , title V, § 516(3), , , 2937; , , ; , , ; , (2), (c), , ; , , ; , , ; , , ; , , ; , , ; , , ; , title V, § 533(e)], , , 1654A–111; , , ; , , .)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
205(a) | 37:233(a) (less words after 2d semicolon of clause (7)). 37:233(b). | Oct. 12, 1949, ch. 681, § 202 (less proviso of (d)), 63 Stat. 807; Apr. 30, 1956, ch. 223, § 2, 70 Stat. 121. |
205(b) | 37:233(a)(7) (words between 2d and 3d semicolons). 37:233(d) (less proviso). | |
205(c) | 37:233(a)(7) (words after 3d semicolon). | |
205(d) | 37:233(c). | |
Public Law 86–142In 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 ” are inserted for clarity, since the reference is intended to apply to the corps established by law before . 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 “,” 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, . 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.
section 53 of the Act of August 10, 1956, ch. 104170A Stat. 641In 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 (), and is now codified as chapter 67 of title 10 by section 1 of that Act.
Editorial Notes
Amendments
Pub. L. 119–602025—Subsec. (a)(2)(B) to (F). transferred subpar. (F) to appear after subpar. (A) and redesignated it as subpar. (B); redesignated former subpars. (B), (D), and (E) as (D), (E), and (F), respectively; added subpar. (C) and struck out former subpar. (C) which read as follows: “the Organized Militia before ;”.
Pub. L. 109–1632006—Subsec. (a)(2)(I). substituted “Navy Reserve” for “Naval Reserve”.
Pub. L. 106–3982000—Subsec. (f). 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”.
Pub. L. 106–651999—Subsec. (f). added subsec. (f).
Pub. L. 105–851997—Subsec. (d). substituted a comma for the period after “”.
Pub. L. 104–2011996—Subsec. (d). substituted “for service that the officer performed on or after .” for “that service after , that the officer performed while serving on active duty”.
Pub. L. 103–337, § 1676(b)(2)(A)1994—Subsec. (e)(2)(A). , substituted “12103(b) or 12103(d)” for “511(b) or 511(d)”.
Pub. L. 103–337, § 1676(b)(2)(B)Subsec. (e)(2)(B). , substituted “chapter 1209” for “chapter 39”.
Pub. L. 103–351993—Subsec. (a)(7)(B). substituted “the Department of Veterans Affairs” for “the Veterans’ Administration”.
Pub. L. 102–4841992—Subsec. (d). 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 , that he performed concurrently as a member of a uniformed service and as a member of the Senior Reserve Officers’ Training Corps.”
Pub. L. 102–251991—Subsecs. (a) to (c). struck out “of this section” and “of this subsection” wherever appearing.
Pub. L. 101–189section 511 of title 101989—Subsec. (e). 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 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.”
Pub. L. 98–5251984—Subsec. (e). added subsec. (e).
Pub. L. 96–513, § 402(a)1980—Subsec. (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.
Pub. L. 96–513, § 402(b)Subsec. (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.
Pub. L. 96–513, § 402(c)Subsecs. (c) to (e). , 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.
Pub. L. 93–5451974—Subsec. (a)(1). inserted “aviation midshipman,” after “flight officer,”.
Pub. L. 90–6231968—Subsec. (e). substituted “,” for “the enactment of this subsection”.
Pub. L. 89–7181966—Subsec. (a). 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.
Pub. L. 88–6471964—Subsec. (e). added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of Title 10Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , Armed Forces.
Effective Date of 1984 Amendment
Pub. L. 98–525, title VI, § 607(b)98 Stat. 2538
Effective Date of 1980 Amendment
section 402 of Pub. L. 96–513Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of Title 10Amendment by effective , but the authority to prescribe regulations under the amendment by effective on , see , set out as a note under , Armed Forces.
section 516(3) of Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513Amendment by effective , see .
Effective Date of 1968 Amendment
Pub. L. 90–623section 6 of Pub. L. 90–623section 5334 of Title 5Amendment by intended to restate without substantive change the law in effect on , see , set out as a note under , Government Organization and Employees.
Inclusion of Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff Among Senior Enlisted Members of the Armed Forces
Pub. L. 109–163, div. A, title VI, § 685(a)119 Stat. 3325Pub. L. 109–364, div. A, title X, § 1071(e)(5)120 Stat. 2401Pub. L. 113–291, div. A, title VI, § 603(a)(2)(A)128 Stat. 3398
Equal treatment .—
Effective date .—
Transition Provision
section 12209 of Title 10section 16401 of Title 10section 551(d) of Pub. L. 106–65section 16401 of Title 10Subsec. (f) of this section applicable to certain enlisted members of the Marine Corps Reserve selected for training as an officer candidate under , Armed Forces, before implementation of a financial assistance program under , see , set out as a note under .
Benefits Not To Accrue for Periods Prior to
section 507 of Pub. L. 104–201section 507(c) of Pub. L. 104–201section 2106 of Title 10No increase in pay or retired or retainer pay to accrue for periods before , by reason of amendments made by , see , set out as a note under , Armed Forces.
Transition Provisions Under Defense Officer Personnel Management Act
Pub. L. 96–513Pub. L. 96–513Pub. L. 96–513section 611 of Title 10For 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. (particularly § 625) of , set out as a note under , Armed Forces.