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10 U.S.C. § 1176 — Enlisted members: retention after completion of 18 or more, but less than 20, years of service
Federal law — U.S. Code and appendices · legal_authorities
**(a) Regular Members.—** A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 7314 or 9314 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under [section 8330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8330&num=0&edition=prelim), shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law.
**(b) Reserve Members in Active Status.—** A reserve enlisted member serving in an active status who is selected to be involuntarily separated (other than for physical disability or for cause), or whose term of enlistment expires and who is denied reenlistment (other than for physical disability or for cause), and who on the date on which the member is to be discharged or transferred from an active status is entitled to be credited with at least 18 but less than 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), may not be discharged, denied reenlistment, or transferred from an active status without the member’s consent before the earlier of the following:
(1) If as of the date on which the member is to be discharged or transferred from an active status the member has at least 18, but less than 19, years of service computed under [section 12732 of this title](https://uscode.house.go
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Stable record: federal_law:legal_authorities:record_usc_b0143ef1d334dd7911b15142
Source file: Laws/federal/codes/united-states-code/title-10/section-1176-enlisted-members-retention-after-completion-of-18-or-more-but-less-than--389ecc95c9.md
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Passage SHA-256: 0df291913fe916bfedff068cf049a4f1386d9442db91744ea38540c39a0d0fbe
Source location: Title 10, Chapter 59, § 1176; chapter-059-separation.md
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**(a) Regular Members.—** A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 7314 or 9314 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under [section 8330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8330&num=0&edition=prelim), shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law.
**(b) Reserve Members in Active Status.—** A reserve enlisted member serving in an active status who is selected to be involuntarily separated (other than for physical disability or for cause), or whose term of enlistment expires and who is denied reenlistment (other than for physical disability or for cause), and who on the date on which the member is to be discharged or transferred from an active status is entitled to be credited with at least 18 but less than 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), may not be discharged, denied reenlistment, or transferred from an active status without the member’s consent before the earlier of the following:
(1) If as of the date on which the member is to be discharged or transferred from an active status the member has at least 18, but less than 19, 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)—
(A) the date on which the member is entitled to be credited with 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); or
(B) the third anniversary of the date on which the member would otherwise be discharged or transferred from an active status.
(2) If as of the date on which the member is to be discharged or transferred from an active status the member has at least 19, but less than 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)—
(A) the date on which the member is entitled to be credited with 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); or
(B) the second anniversary of the date on which the member would otherwise be discharged or transferred from an active status.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12732
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Fleet Reserve and the Fleet Marine Corps Reserve are composed of members of the naval service transferred thereto under this section.
**(b)** An enlisted member of the Regular Navy or the Navy Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Reserve. An enlisted member of the Regular Marine Corps or the Marine Corps Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Marine Corps Reserve.
**(c)**
(1) Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled, when not on active duty, to retainer pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim).
(2) A member may recompute his retainer pay under section 1402 or 1402a of this title, as appropriate, to reflect active duty after transfer.
(3) If the member has been credited by the Secretary of the Navy with extraordinary heroism in the line of duty, which determination by the Secretary is final and conclusive for all purposes, his retainer pay shall be increased by 10 percent.
**(d)**
(1) For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.
(2) In determining a member’s eligibility for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)—
(A) a completed minority enlistment of the member is counted as four years of active service, if creditable to the member for such purpo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8330
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officer Separation.—** Except as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to officers of a regular component shall apply to officers of the Space Force.
**(b)** Except as specified in this section or otherwise modified in this chapter, the provisions of sections 1169, 1170, 1171, 1173, 1174(b), and 1176(a) of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force.
**(c)** The provisions of [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1172&num=0&edition=prelim) pertaining to a person enlisted under [section 518 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section518&num=0&edition=prelim) shall apply to an enlisted member of the Space Force.
**(d)** The provisions of [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim)—
(1) pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty;
(2) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and
(3) pertaining to other members shall apply to members of the Space Force not serving on sustained duty.
**(e)** The provisions of [section 1175 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1175&num=0&edition=prelim) pertaining to a voluntary appointment, enlistment, or transfer to a reserve component shall apply to the voluntary release from active duty of a member of the Space Force on sustained duty.
**(f)** The provisions of [section 1176 of thi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20401
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Federal law — U.S. Code and appendices · legal_authorities
Page 1249
TITLE 10—ARMED FORCES
§ 1177
ration pay and benefits under this section would be
limited to officers who had met the eligibility require-
ments of this section, but had not completed more than
12 years of active service as of the date of separation,
was repealed by Pub. L. 109–364, div. A, title VI,
§ 623(a)(3), Oct. 17, 2006, 120 Stat. 2256.
§ 1176. Enlisted members: retention after comple-
tion of 18 or more, but less than 20, years of
service
(a) REGULAR
MEMBERS.—A regular enlisted
member who is selected to be involuntarily sep-
arated, or whose term of enlistment expires and
who is denied reenlistment, and who on the date
on which the member is to be discharged is
within two years of qualifying for retirement
under section 7314 or 9314 of this title, or of
qualifying for transfer to the Fleet Reserve or
Fleet Marine Corps Reserve under section 8330 of
this title, shall be retained on active duty until
the member is qualified for retirement or trans-
fer to the Fleet Reserve or Fleet Marine Corps
Reserve, as the case may be, unless the member
is sooner retired or discharged under any other
provision of law.
(b) RESERVE MEMBERS IN ACTIVE STATUS.—A
reserve enlisted member serving in an active
status who is selected to be involuntarily sepa-
rated (other than for physical disability or for
cause), or whose term of enlistment expires and
who is denied reenlistment (other than for phys-
ical disability or for cause), and who on the date
on which the member is to be discharged or
transferred from an active status is entitled to
be credited with at least 18 but less than 20
years of service computed under section 12732 of
this title, may not be discharged, denied reen-
listment, or transferred from an active status
without the member’
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1176
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