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

Federal law — U.S. Code and appendices · legal_authorities

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

**(a)** Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), the person’s years of service are computed by adding the following: (1) The person’s years of service, before July 1, 1949, in the following: (A) The armed forces. (B) The federally recognized National Guard before June 15, 1933. (C) A federally recognized status in the National Guard before June 15, 1933. (D) The National Guard after June 14, 1933, 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) 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 February 2, 1901. (I) The Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072). (J) An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee— (i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or (ii) in the occupational therapy category, if the service was performed before appointment in the Army Nurse

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Stable record: federal_law:legal_authorities:record_usc_092be7059cc31ebbfb890a0b
Source file: Laws/federal/codes/united-states-code/title-10/section-12732-entitlement-to-retired-pay-computation-of-years-of-service--074f674e13.md
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Source location: Title 10, Chapter 1223, § 12732; chapter-1223-retired-pay-for-non-regular-service.md

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**(a)** Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), the person’s years of service are computed by adding the following: (1) The person’s years of service, before July 1, 1949, in the following: (A) The armed forces. (B) The federally recognized National Guard before June 15, 1933. (C) A federally recognized status in the National Guard before June 15, 1933. (D) The National Guard after June 14, 1933, 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) 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 February 2, 1901. (I) The Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072). (J) An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee— (i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or (ii) 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 January 1, 1949, or before appointment in the Air Force before January 1, 1949, with a view to designation as an Air Force nurse or medical specialist. (2) Each one-year period, after July 1, 1949, 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) 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 [section 502 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502&num=0&edition=prelim). (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) Points credited for the year under [section 2126(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2126/b&num=0&edition=prelim). (E) One point for each day on which funeral honors duty is performed for at least two hours under [section 12503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12503&num=0&edition=prelim) or [section 115 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section115&num=0&edition=prelim), 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) In this subparagraph, the term “covered emergency period” means the period beginning on March 1, 2020, 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) Points at the rate of 1 per inactive-duty training period, under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim), during which the member is on parental leave under [section 711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section711&num=0&edition=prelim). 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) Service (other than active service) after June 30, 1949, 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) Service as an inactive Reserve nurse of the Army Nurse Corps established by the Act of February 2, 1901 (ch. 192, 31 Stat. 753), as amended, and service before July 1, 1938, as an inactive Reserve nurse of the Navy Nurse Corps established by the Act of May 13, 1908 (ch. 166, 35 Stat. 146). (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) Service in the screening performed pursuant to [section 10149 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10149&num=0&edition=prelim) through electronic means, regardless of whether or not a stipend is paid the member concerned for such service under [section 433a of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section433a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12733 — Computation of retired pay: computation of years of service

For the purpose of computing the retired pay of a person under this chapter, the person’s years of service and any fraction of such a year are computed by dividing 360 into the sum of the following: (1) The person’s days of active service. (2) The person’s days of 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. (3) One day for each point credited to the person under clause (B), (C), (D), or (F) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim), but not more than— (A) 60 days in any one year of service before the year of service that includes September 23, 1996; (B) 75 days in the year of service that includes September 23, 1996, and in any subsequent year of service before the year of service that includes October 30, 2000; (C) 90 days in the year of service that includes October 30, 2000, and in any subsequent year of service before the year of service that includes October 30, 2007; and (D) 130 days in the year of service that includes October 30, 2007, and in any subsequent year of service. (4) One day for each point credited to the person under subparagraph (E) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim). (5) One day for each point credited to the person under subparagraph (F) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim). (6) 50 days for each year before Jul

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12733

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 711 — Senior members of Military Staff Committee of United Nations: appointment

The President, by and with the advice and consent of the Senate, may appoint an officer of the Army, an officer of the Navy or the Marine Corps, and an officer of the Air Force or the Space Force, as senior members of the Military Staff Committee of the United Nations.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12503 — Ready Reserve: funeral honors duty

**(a) Order to Duty.—** A member of the Ready Reserve may be ordered to funeral honors duty, with the consent of the member, in preparation for or to perform funeral honors functions at the funeral of a veteran as defined in [section 1491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim). Performance of funeral honors duty by a Reserve not on active duty shall be treated as inactive-duty training (including with respect to travel to and from such duty) for purposes of any provision of law other than sections 206 and 435 of title 37. **(b) Service Credit.—** A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive— (1) service credit under [section 12732(a)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2/E&num=0&edition=prelim); and (2) as directed by the Secretary concerned, either— (A) the allowance under [section 435 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section435&num=0&edition=prelim); or (B) compensation under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim). **(c) Reimbursable Expenses.—** A member who performs funeral honors duty under this section may be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under [section 452 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452&num=0&edition=prelim) if such duty is performed at a location 50 miles or more from the member’s residence. **(d) Regulations.—** The exercise of authority un

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12503

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12731 — Age and service requirements

**(a)** Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under [section 12739 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12739&num=0&edition=prelim), if the person— (1) has attained the eligibility age applicable under subsection (f) to that person; (2) has performed at least 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); (3) in the case of a person who completed the service requirements of paragraph (2) before April 25, 2005, performed the last six years of qualifying service while a member of any category named in [section 12732(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/1&num=0&edition=prelim), but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed the service requirements of paragraph (2) before October 5, 1994, the number of years of such qualifying service under this paragraph shall be eight; and (4) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. **(b)** Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of Homeland Security, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served. **(c)** (1) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 433a — Allowance for participation in Ready Reserve screening

**(a) Allowance Authorized.—** (1) Under regulations prescribed by the Secretaries concerned, a member of the Individual Ready Reserve may be paid a stipend for participation in the screening performed pursuant to [section 10149 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10149&num=0&edition=prelim), in lieu of muster duty performed under [section 12319 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12319&num=0&edition=prelim), if such participation is conducted through electronic means. (2) The stipend paid a member under this section shall constitute the sole monetary allowance authorized for participation in the screening described in paragraph (1), and shall constitute payment in full to the member for participation in such screening, regardless of the grade or rank in which the member is serving. **(b) Maximum Payment.—** The aggregate amount of the stipend paid a member of the Individual Ready Reserve under this section in any calendar year may not exceed $50. **(c) Payment Requirements.—** (1) The stipend authorized by this section may not be disbursed in kind. (2) Payment of a stipend to a member of the Individual Ready Reserve under this section for participation in screening shall be made on or after the date of participation in such screening, but not later than 30 days after such date.

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 433a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 502 — Enlistment oath: who may administer

**(a) Enlistment Oath.—** Each person enlisting in an armed force shall take the following oath:“I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.” **(b) Who May Administer.—** The oath may be taken before the President, the Vice-President, the Secretary of Defense, any commissioned officer, or any other person designated under regulations prescribed by the Secretary of Defense.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 502

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 206 — Reserves; members of National Guard; members of the Space Force: inactive-duty training

**(a)** Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard, a member of a reserve component of a uniformed service, or a member of the Space Force who is not entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim), is entitled to compensation, at the rate of 1⁄30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay— (1) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday; (2) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe; (3) for a regular period of instruction that the member is scheduled to perform but is unable to perform because of physical disability resulting from an injury, illness, or disease incurred or aggravated— (A) in line of duty while performing— (i) active duty; or (ii) inactive-duty training; (B) while traveling directly to or from that duty or training (unless such injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member); or (C) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or (4) for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 206

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 502 — Required drills and field exercises

**(a)** Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall— (1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and (2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year. However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required membership in the National Guard. **(b)** An assembly for drill and instruction may consist of a single ordered formation of a company, battery, squadron, or detachment, or, when authorized by the Secretary concerned, a series of ordered formations of parts of those organizations. However, to have a series of formations credited as an assembly for drill and instruction, all parts of the unit must be included in the series within 90 consecutive days. **(c)** The total attendance at the series of formations constituting an assembly shall be counted as the attendance at that assembly for the required period. No member may be counted more than once or receive credit for more than one required period of attendance, regardless of the number of formations that he attends during the series constituting the assembly for the required period. **(d)** No organization may receive credit for an assembly for drill or indoor target practice unless— (1) the number of members present equals or exceeds the minimum number prescribed by the President; (2) the period of mil

Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 502

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10149 — Ready Reserve: continuous screening

**(a)** Under regulations to be prescribed by the President, the Secretary concerned shall provide a system of continuous screening of units and members of the Ready Reserve to ensure the following: (1) That there will be no significant attrition of those members or units during a mobilization. (2) That there is a proper balance of military skills. (3) That except for those with military skills for which there is an overriding requirement, members having critical civilian skills are not retained in numbers beyond the need for those skills. (4) That with due regard to national security and military requirements, recognition will be given to participation in combat. (5) That members whose mobilization in an emergency would result in an extreme personal or community hardship are not retained in the Ready Reserve. **(b)** (1) In applying Ready Reserve continuous screening under this section, an individual who is both a member of the Ready Reserve and a Member of Congress may not be transferred to the Standby Reserve or discharged on account of the individual’s position as a Member of Congress. (2) The transfer or discharge of an individual who is both a member of the Ready Reserve and a Member of Congress may be ordered— (A) only by the Secretary of Defense or, in the case of a Member of Congress who also is a member of the Coast Guard Reserve, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy; and (B) only on the basis of the needs of the service, taking into consideration the position and duties of the individual in the Ready Reserve. (3) In this subsection, the term “Member of Congress” includes a Delegate or Resident Commissioner to Congress and a Member-elect. **(c)** Under regulation

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7070 — Army Medical Specialist Corps: organization; Chief

**(a)** The Army Medical Specialist Corps consists of the Chief of that corps, other officers in grades prescribed by the Secretary of the Army, and the following sections: (1) The Dietitian Section. (2) The Physical Therapist Section. (3) The Occupational Therapist Section. (4) The Physician Assistant Section. (5) The Chiropractic Section. **(b)** The Secretary of the Army shall appoint the Chief from the officers of the Regular Army in that corps whose regular grade is above captain and who are recommended by the Surgeon General. The Chief serves during the pleasure of the Secretary, but not for more than four years, and may not be reappointed. **(c)** Chiropractors who are qualified under regulations prescribed by the Secretary of the Army may be appointed as commissioned officers in the Chiropractic Section of the Army Medical Specialist Corps.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7070

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