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10 U.S.C. § 12734 — Time not creditable toward years of service
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Service in an inactive status may not be counted in any computation of years of service under this chapter.
**(b)** Time spent after retirement (without pay) for failure to conform to standards and qualifications prescribed under [section 12641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12641&num=0&edition=prelim) may not be credited in a computation of years of service under this chapter.
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Source file: Laws/federal/codes/united-states-code/title-10/section-12734-time-not-creditable-toward-years-of-service--582d3f5750.md
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Source location: Title 10, Chapter 1223, § 12734; chapter-1223-retired-pay-for-non-regular-service.md
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**(a)** Service in an inactive status may not be counted in any computation of years of service under this chapter.
**(b)** Time spent after retirement (without pay) for failure to conform to standards and qualifications prescribed under [section 12641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12641&num=0&edition=prelim) may not be credited in a computation of years of service under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary concerned shall, by regulation, prescribe—
(1) standards and qualifications for the retention and promotion of members of the reserve components under his jurisdiction; and
(2) equitable procedures for the periodic determination of the compliance of each such Reserve with those standards and qualifications.
**(b)** If a Reserve fails to comply with the standards and qualifications prescribed under subsection (a), he shall—
(1) if qualified, be transferred to an inactive reserve status;
(2) if qualified, be retired without pay; or
(3) have his appointment or enlistment terminated.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12641
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Federal law — U.S. Code and appendices · legal_authorities
Provisions of law relating to standards and procedures for retention and promotion of members of reserve components are set forth in chapter 1219 of this title (beginning with section 12641).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
Page 3710
TITLE 10—ARMED FORCES
§ 12734
service that may be counted in determining retired pay
for persons entitled to that pay under this chapter.
Clause (1) is substituted for 10:1036b(i). In clause (3),
the words ‘‘and proportionately for each fraction of a
year’’ are inserted to make clear that parts of years
must be counted. 10:1036e(d) and 34:440m(d) are omitted
as covered by sections 101(22) and 101(24) of this title.
1958 ACT
The change is necessary so that active service and
service described in section 1332(a)(2)(A)(ii) that was
performed on or before July 1, 1949, may be counted in
computing retired pay, as provided by the source law,
section 303(i) of the Army and Air Force Vitalization
and Retirement Equalization Act of 1948 (62 Stat. 1088)
and in accordance with the opinion of the Judge Advo-
cate General of the Army (JAGA 1956/1908, Feb. 13,
1956).
Editorial Notes
AMENDMENTS
2021—Par. (3). Pub. L. 116–283, § 516(b), substituted
‘‘(D), or (F)’’ for ‘‘or (D)’’ in introductory provisions.
Pars. (5), (6). Pub. L. 116–283, § 602(b)(5), added par. (5)
and redesignated former par. (5) as (6).
2008—Par. (3)(B) to (D). Pub. L. 110–181 struck out
‘‘and’’ at end of subpar. (B), substituted ‘‘before the
year of service that includes October 30, 2007; and’’ for
period at end of subpar. (C), and added subpar. (D).
2001—Par. (3)(B). Pub. L. 107–107, § 1048(c)(16)(A), sub-
stituted ‘‘October 30, 2000’’ for ‘‘the date of the enact-
ment of the Floyd D. Spence National Defense Author-
ization Act for Fiscal Year 2001’’.
Par. (3)(C). Pub. L. 107–107, § 1048(c)(16)(B), substituted
‘‘October 30, 2000,’’ for ‘‘the date of the enactment of
the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001’’.
2000—Par. (3). Pub. L. 106–398
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12734
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