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10 U.S.C. § 9326 — Computation of years of service: voluntary retirement; regular and reserve commissioned officers
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of determining whether an officer of the Air Force or the Space Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding—
(1) all active service performed as a member of the Army, the Air Force, or the Space Force; and
(2) all service in the Navy or Marine Corps that may be included in determining the eligibility of an officer of the Navy or Marine Corps for retirement.
**(b)** For the purpose of determining whether a medical officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under subsection (a) all service performed as a contract surgeon, acting assistant surgeon, or contract physician, under a contract to serve full time and to take and change station as ordered.
**(c)** For the purpose of determining whether a dental officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under subsection (a) all service as a contract dental surgeon or acting dental surgeon.
**(d)** [Section 972(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section972/b&num=0&edition=prelim) 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.
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Stable record: federal_law:legal_authorities:record_usc_c9f0099cf49baf1248a6158c
Source file: Laws/federal/codes/united-states-code/title-10/section-9326-computation-of-years-of-service-voluntary-retirement-regular-and-reserve--ba276f7cd9.md
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Source location: Title 10, Chapter 941, § 9326; chapter-941-retirement-for-length-of-service.md
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**(a)** For the purpose of determining whether an officer of the Air Force or the Space Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding—
(1) all active service performed as a member of the Army, the Air Force, or the Space Force; and
(2) all service in the Navy or Marine Corps that may be included in determining the eligibility of an officer of the Navy or Marine Corps for retirement.
**(b)** For the purpose of determining whether a medical officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under subsection (a) all service performed as a contract surgeon, acting assistant surgeon, or contract physician, under a contract to serve full time and to take and change station as ordered.
**(c)** For the purpose of determining whether a dental officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under subsection (a) all service as a contract dental surgeon or acting dental surgeon.
**(d)** [Section 972(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section972/b&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unusual Cost Overruns.—**
(1) Appropriations available to the Department of Defense for a fiscal year may be used for payment of unusual cost overruns incident to ship overhaul, maintenance, and repair for a vessel inducted into an industrial-fund activity or contracted for during a prior fiscal year.
(2) The Secretary of Defense shall notify Congress promptly before an obligation is incurred for any payment under paragraph (1).
**(b) Changes in Scope of Work.—** An appropriation available to the Department of Defense for a fiscal year may be used after the otherwise-applicable expiration of the availability for obligation of that appropriation—
(1) for payments to an industrial-fund activity for amounts required because of changes in the scope of work for ship overhaul, maintenance, and repair, in the case of work inducted into the industrial-fund activity during the fiscal year; and
(2) for payments under a contract for amounts required because of changes in the scope of work, in the case of a contract entered into during the fiscal year for ship overhaul, maintenance, and repair.
**(c) Treatment of Amounts Appropriated After End of Period of Obligation.—** In the application of [section 1553(c) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1553/c&num=0&edition=prelim) to funds appropriated in the Operation and Maintenance, Navy account that are available for ship overhaul, the Secretary of the Navy may treat the limitation specified in paragraph (1) of such section to be “$10,000,000” rather than “$4,000,000”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8683
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enlisted Members Required To Make Up Time Lost.—** An enlisted member of an armed force who—
(1) deserts;
(2) is absent from his organization, station, or duty for more than one day without proper authority, as determined by competent authority;
(3) is confined by military or civilian authorities for more than one day in connection with a trial, whether before, during, or after the trial; or
(4) is unable for more than one day, as determined by competent authority, to perform his duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from his misconduct;
is liable, after his return to full duty, to serve for a period that, when added to the period that he served before his absence from duty, amounts to the term for which he was enlisted or inducted.
**(b) Officers Not Allowed Service Credit for Time Lost.—** In the case of an officer of an armed force who after February 10, 1996—
(1) deserts;
(2) is absent from his organization, station, or duty for more than one day without proper authority, as determined by competent authority;
(3) is confined by military or civilian authorities for more than one day in connection with a trial, whether before, during, or after the trial; or
(4) is unable for more than one day, as determined by competent authority, to perform his duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from his misconduct;
the period of such desertion, absence, confinement, or inability to perform duties may not be counted in computing, for any purpose other than basic pay under [section 205 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim), the officer’s length of service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 972
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Navy has custody and charge of all books, records, papers, furniture, fixtures, and other property under the lawful control of the executive part of the Department of the Navy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8911
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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)** The Secretary of the Air Force may, upon the officer’s request, retire a regular or reserve commissioned officer of the Air Force or the Space Force who has at least 20 years of service computed under [section 9326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9326&num=0&edition=prelim), at least 10 years of which have been active service as a commissioned officer.
**(b)**
(1) The Secretary of Defense may authorize the Secretary of the Air Force, during the period specified in paragraph (2), to reduce the requirement under subsection (a) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Air Force) of not less than eight years.
(2) The period specified in this paragraph is the period beginning on January 7, 2011, and ending on September 30, 2018.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9311
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
A regular commissioned officer of the Air Force or the Space Force who has at least 30 years of service computed under [section 9326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9326&num=0&edition=prelim) may be retired upon his request, in the discretion of the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9318
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in [section 1186 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1186&num=0&edition=prelim), a commissioned officer of the Air Force or the Space Force who has at least 40 years of service computed under [section 9326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9326&num=0&edition=prelim) shall be retired upon his request.
**(b)** Any warrant officer of the Air Force or the Space Force who has at least 40 years of service computed under [section 9326(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9326/a&num=0&edition=prelim) shall be retired upon his request.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9324
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Federal law — U.S. Code and appendices · legal_authorities
Page 3490
TITLE 10—ARMED FORCES
§ 9325
2018—Pub. L. 115–232, § 809(a), substituted ‘‘section
9326’’ for ‘‘section 8926’’ in subsec. (a) and ‘‘section
9326(a)’’ for ‘‘section 8926(a)’’ in subsec. (b).
Pub. L. 115–232, § 806(b)(13), renumbered section 8924 of
this title as this section.
1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘section
1186’’ for ‘‘section 8786’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–513 effective Sept. 15, 1981,
see section 701 of Pub. L. 96–513, set out as a note under
section 101 of this title.
§ 9325. Computation of years of service: vol-
untary retirement; enlisted members
(a) For the purpose of determining whether an
enlisted member of the Air Force or the Space
Force may be retired under section 9314 or 9317
of this title, his years of service are computed
by adding all active service in the armed forces.
(b) Time required to be made up under section
972(a) of this title may not be counted in com-
puting years of service under subsection (a).
(Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8925; Pub.
L. 85–861, § 1(195), Sept. 2, 1958, 72 Stat. 1540; Pub.
L. 96–343, § 9(b)(2), Sept. 8, 1980, 94 Stat. 1129; Pub.
L. 99–348, title II, § 204(c), July 1, 1986, 100 Stat.
698; Pub. L. 101–189, div. A, title VI, § 652(a)(6),
Nov. 29, 1989, 103 Stat. 1461; Pub. L. 103–337, div.
A, title VI, § 635(c)(1), Oct. 5, 1994, 108 Stat. 2789;
Pub. L. 104–106, div. A, title V, § 561(d)(4)(A), Feb.
10, 1996,
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 9326
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.