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10 U.S.C. § 7326 — 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 Army may be retired under section 7311, 7318, or 7324 of this title, his 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;
(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;
(3) all service computed under section 3683 11 See References in Text note below. of this title; and
(4) if an officer of the Regular Army, all active service performed as an officer of the Philippine Constabulary.
**(b)** For the purpose of determining whether a commissioned officer of the Regular Army in the Medical Corps may be retired under section 7311, 7318, or 7324 of this title, his years of service are computed by adding to his 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 commissioned officer of the Regular Army in the Dental Corps may be retired under section 7311, 7318, or 7324 of this title, his years of service are computed by adding to his service under subsection (a) all service as a contract dental surgeon or acting dental surgeon.
**(d)** For the purpose of determining whether a commissioned officer of the Army Nurse Corps or the Army Medical Specialist Corps may be retired under [section 7311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7311&num=0&edition=prelim), all service computed under section 3683 1 of this title shall be treated as if it were service as a commissioned offic
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Stable record: federal_law:legal_authorities:record_usc_cf865468419616d35955424d
Source file: Laws/federal/codes/united-states-code/title-10/section-7326-computation-of-years-of-service-voluntary-retirement-regular-and-reserve--b91f739599.md
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Source location: Title 10, Chapter 741, § 7326; chapter-741-retirement-for-length-of-service.md
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**(a)** For the purpose of determining whether an officer of the Army may be retired under section 7311, 7318, or 7324 of this title, his 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;
(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;
(3) all service computed under section 3683 11 See References in Text note below. of this title; and
(4) if an officer of the Regular Army, all active service performed as an officer of the Philippine Constabulary.
**(b)** For the purpose of determining whether a commissioned officer of the Regular Army in the Medical Corps may be retired under section 7311, 7318, or 7324 of this title, his years of service are computed by adding to his 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 commissioned officer of the Regular Army in the Dental Corps may be retired under section 7311, 7318, or 7324 of this title, his years of service are computed by adding to his service under subsection (a) all service as a contract dental surgeon or acting dental surgeon.
**(d)** For the purpose of determining whether a commissioned officer of the Army Nurse Corps or the Army Medical Specialist Corps may be retired under [section 7311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7311&num=0&edition=prelim), all service computed under section 3683 1 of this title shall be treated as if it were service as a commissioned officer.
**(e)** [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) 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
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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)** The Secretary of the Army may, upon the officer’s request, retire a regular or reserve commissioned officer of the Army who has at least 20 years of service computed under [section 7326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326&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 Army, 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 Army) 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. § 7311
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Federal law — U.S. Code and appendices · legal_authorities
A regular commissioned officer of the Army who has at least 30 years of service computed under [section 7326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326&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. § 7318
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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 Army who has at least 40 years of service computed under [section 7326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326&num=0&edition=prelim) shall be retired upon his request.
**(b)** Any warrant officer of the Army who has at least 40 years of service computed under [section 7326(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326/a&num=0&edition=prelim) shall be retired upon his request.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7324
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Federal law — U.S. Code and appendices · legal_authorities
Page 3030
TITLE 10—ARMED FORCES
§ 7326
1 See References in Text note below.
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 1996 AMENDMENT
Amendment by Pub. L. 104–106 effective Feb. 10, 1996,
and applicable to any period of time covered by section
972 of this title that occurs after that date, see section
561(e) of Pub. L. 104–106, set out as a note under section
972 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–337 applicable to computa-
tion of retired pay of any enlisted member who retires
on or after Oct. 5, 1994, to computation of retainer pay
of any enlisted member who is transferred to Fleet Re-
serve or Fleet Marine Corps Reserve on or after Oct. 5,
1994, and to recomputation of retired pay of any en-
listed member who is advanced on retired list on or
after Oct. 5, 1994, see section 635(e) of Pub. L. 103–337,
set out as a note under section 1405 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–343 effective with respect
to retired pay payable for months beginning after Sept.
8, 1980, see section 9(c) of Pub. L. 96–343, set out as a
note under section 7314 of this title.
§ 7326. Computation of years of service: vol-
untary retirement; regular and reserve com-
missioned officers
(a) For the purpose of determining whether an
officer of the Army may be retired under section
7311, 7318, or 7324 of this title, his years of serv-
ice are computed by adding—
(1) all active service performed as a member
of the Army, the Air Force, or the Space
Force;
(2) all service in the Navy or Marine Corps
that may be included in determining the eligi-
bility of an officer of the Navy or Marine
Corps f
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 7326
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