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37 U.S.C. § 205 — Computation: service creditable
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding—
(1) all periods of active service as an officer, Army field clerk, flight officer, aviation midshipman, or enlisted member of a uniformed service;
(2) all periods during which he was enlisted or held an appointment as an officer, Army field clerk, or flight officer of—
(A) a regular component of a uniformed service;
(B) a reserve component of a uniformed service;
(C) the Space Force;
(D) the Regular Army Reserve;
(E) the National Guard;
(F) the National Guard Reserve;
(G) the Naval Militia;
(H) the National Naval Volunteers;
(I) the Navy Reserve Force;
(J) the Army without specification of component;
(K) the Air Force without specification of component;
(L) the Marine Corps Reserve Force;
(M) the Philippine Scouts; or
(N) the Philippine Constabulary;
(3) for a commissioned officer in service on June 30, 1922, all service that was then counted in computing longevity pay and all service as a contract surgeon serving full time;
(4) all periods during which he held an appointment as a nurse, reserve nurse, or commissioned officer in the Army Nurse Corps as it existed at any time before April 16, 1947, the Navy Nurse Corps as it existed at any time before April 16, 1947, or the Public Health Service, or a reserve component of any of them;
(5) all periods during which he was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration;
(6) all periods that, under law in effect on January 10, 1962, were authorized to be credited in computing basic pay; and
(7) all periods while—
(A) on a temporary disability retired list, honorary re
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 205
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Stable record: federal_law:legal_authorities:record_usc_f6712a059e4642c89948f695
Source file: Laws/federal/codes/united-states-code/title-37/section-205-computation-service-creditable--1ea210703e.md
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Source location: Title 37, Chapter 3, § 205; chapter-003-basic-pay.md
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**(a)** Subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding—
(1) all periods of active service as an officer, Army field clerk, flight officer, aviation midshipman, or enlisted member of a uniformed service;
(2) all periods during which he was enlisted or held an appointment as an officer, Army field clerk, or flight officer of—
(A) a regular component of a uniformed service;
(B) a reserve component of a uniformed service;
(C) the Space Force;
(D) the Regular Army Reserve;
(E) the National Guard;
(F) the National Guard Reserve;
(G) the Naval Militia;
(H) the National Naval Volunteers;
(I) the Navy Reserve Force;
(J) the Army without specification of component;
(K) the Air Force without specification of component;
(L) the Marine Corps Reserve Force;
(M) the Philippine Scouts; or
(N) the Philippine Constabulary;
(3) for a commissioned officer in service on June 30, 1922, all service that was then counted in computing longevity pay and all service as a contract surgeon serving full time;
(4) all periods during which he held an appointment as a nurse, reserve nurse, or commissioned officer in the Army Nurse Corps as it existed at any time before April 16, 1947, the Navy Nurse Corps as it existed at any time before April 16, 1947, or the Public Health Service, or a reserve component of any of them;
(5) all periods during which he was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration;
(6) all periods that, under law in effect on January 10, 1962, were authorized to be credited in computing basic pay; and
(7) all periods while—
(A) on a temporary disability retired list, honorary retired list, or a retired list of a uniformed service;
(B) entitled to retired pay, retirement pay, or retainer pay, from a uniformed service or the Department of Veterans Affairs, as a member of the Fleet Reserve or the Fleet Marine Corps Reserve; or
(C) a member of the Honorary Reserve of the Officers’ Reserve Corps or the Organized Reserve Corps.
Except for any period of active service described in clause (1) and except as provided by subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of [section 1402a of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1402a&num=0&edition=prelim), a period of service described in clauses (2) through (7) that is performed while on a retired list, in a retired status, or in the Fleet Reserve or Fleet Marine Corps Reserve, may not be included to increase retired pay, retirement pay, or retainer pay. For the purpose of clause (5), periods during which a member was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration includes periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration or the Coast and Geodetic Survey.
**(b)** A period of time may not be counted more than once under subsection (a).
**(c)** The periods of service authorized to be counted under subsection (a) shall, under regulations prescribed by the Secretary concerned, include service performed by a member of a uniformed service before he became 18 years of age.
**(d)** Notwithstanding subsection (a), a commissioned officer may not count in computing basic pay a period of service after October 13, 1964, that the officer performed concurrently as a member of the Senior Reserve Officers’ Training Corps, except for service that the officer performed on or after August 1, 1979, other than for training as an enlisted member of the Selected Reserve may be so counted.
**(e)**
(1) Notwithstanding subsection (a), a period of service described in paragraph (2) of a member who enlists in a reserve component may not be counted under this section.
(2) Paragraph (1) applies to the following service:
(A) Service performed while a member of a reserve component under an enlistment under section 12103(b) or 12103(d) of title 10 before the member begins service on active duty under such section (including a period of active duty for training) unless the member performs inactive-duty training before beginning service on active duty or active duty for training;
(B) Service performed while a member of a reserve component under an enlistment under [section 513 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section513&num=0&edition=prelim) (other than a period of active duty to which the member is ordered under chapter 1209 of title 10 or another provision of law).
**(f)** Notwithstanding subsection (a), the periods of service of a commissioned officer appointed under [section 12203 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim) after receiving financial assistance under section 16401 of such title that are counted under this section may not include a period of service after January 1, 2000, that the officer performed concurrently as an enlisted member of the Marine Corps Platoon Leaders Class program and the Marine Corps Reserve, except that service after that date that the officer performed before commissioning (concurrently with the period of service as a member of the Marine Corps Platoon Leaders Class program) as an enlisted member on active duty or as a member of the Selected Reserve may be so counted.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Appointments of reserve officers in commissioned grades of lieutenant colonel and commander or below, except commissioned warrant officer, shall be made by the President alone. Appointments of reserve officers in commissioned grades above lieutenant colonel and commander shall be made by the President, by and with the advice and consent of the Senate, except as provided in section 624, 12213, or 12214 of this title.
**(b)** Subject to the authority, direction, and control of the President, the Secretary of Defense may appoint as a reserve commissioned officer any regular officer transferred from the active-duty list of an armed force to the reserve active-status list of a reserve component under [section 647 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section647&num=0&edition=prelim), notwithstanding the requirements of subsection (a).
**(c)** Appointments of Reserves in commissioned grades are for an indefinite term and are held during the pleasure of the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12203
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Authority.—** The Secretary of each military department may establish a program to increase the number of, and the level of the qualifications of, persons entering the armed forces as enlisted members by encouraging recruits to pursue higher education or vocational or technical training before entry into active service.
**(b) Delayed Entry With Allowance for Higher Education.—** The Secretary concerned may—
(1) exercise the authority under [section 513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section513&num=0&edition=prelim)—
(A) to accept the enlistment of a person as a Reserve for service in the Selected Reserve or Individual Ready Reserve of a reserve component, or as a member of the Space Force, notwithstanding the scope of the authority under subsection (a) of that section, in the case of the Army National Guard of the United States or Air National Guard of the United States; and
(B) to authorize, notwithstanding the period limitation in subsection (b) of that section, a delay of the enlistment of any such person in a regular component under that subsection for the period during which the person is enrolled in, and pursuing a program of education at, an institution of higher education, or a program of vocational or technical training, on a full-time basis that is to be completed within the maximum period of delay determined for that person under subsection (c); and
(2) subject to paragraph (2) of subsection (d) and except as provided in paragraph (3) of that subsection, pay an allowance to a person accepted for enlistment under paragraph (1)(A) for each month of the period during which that person is enrolled in and pursuing a program described in paragraph (1)(B).
**(c) Maximum Period of Delay.—**
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 511
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A person with no prior military service who is qualified under [section 505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section505&num=0&edition=prelim) and applicable regulations for enlistment in a regular component of an armed force, or who is qualified under [section 20301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20301&num=0&edition=prelim) and applicable regulations for enlistment in the Space Force, may (except as provided in subsection (c)) be enlisted as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, or be enlisted as a member of the Space Force, for a term of not less than six years nor more than eight years.
**(b)**
(1) Unless sooner ordered to active duty under chapter 39 of this title or another provision of law, a person enlisted under subsection (a) shall, within 365 days after such enlistment, be discharged from the reserve component in which enlisted and immediately be enlisted in the regular component of an armed force.
(2) The Secretary concerned may extend the 365-day period described in paragraph (1) for any person for up to an additional 365 days if the Secretary determines that it is in the best interests of the armed force of which that person is a member to do so.
(3)
(A) The Secretary concerned may extend by up to an additional 365 days the period of extension under paragraph (2) for a person who enlisted before October 1, 2017, under [section 504(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section504/b/2&num=0&edition=prelim) if the Secretary determines that the period of extension under this paragraph is required for the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 513
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of the Navy may provide financial assistance to an eligible member of the Marine Corps Reserve for expenses of the member while the member is pursuing on a full-time basis at an institution of higher education a program of education approved by the Secretary that leads to—
(1) a baccalaureate degree in less than five academic years; or
(2) a doctor of jurisprudence or bachelor of laws degree in not more than four academic years.
**(b) Eligibility.—**
(1) To be eligible for financial assistance under this section, a member of the Marine Corps Reserve must—
(A) be a member of the Marine Corps Platoon Leaders Class program and have successfully completed one six-week (or longer) increment of military training required under that program;
(B) be enrolled on a full-time basis in a program of education referred to in subsection (a) at any institution of higher education; and
(C) enter into a written agreement with the Secretary described in paragraph (2).
(2) A written agreement referred to in paragraph (1)(C) is an agreement between the member and the Secretary in which the member agrees—
(A) to accept an appointment as a commissioned officer in the Marine Corps, if tendered by the President;
(B) to serve on active duty for at least five years; and
(C) under such terms and conditions as shall be prescribed by the Secretary, to serve in the Marine Corps Reserve until the eighth anniversary of the date of the appointment.
**(c) Covered Expenses.—** Expenses for which financial assistance may be provided under this section are—
(1) tuition and fees charged by the institution of higher education involved;
(2) the cost of books; and
(3) in the case of a program of education leading to a baccalaureate degree, laboratory
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16401
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Upon satisfactorily completing the academic and military requirements of the program of advanced training, a member of the program who was selected for advanced training under [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104&num=0&edition=prelim) may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, even though he is under 21 years of age.
**(b)** The date of rank of officers appointed under this section in May or June of any year is the date of graduation of cadets or midshipmen from the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, as the case may be, in that year. The Secretary of the military department concerned shall establish the date of rank of all other officers appointed under this section.
**(c)** In computing length of service for any purpose, an officer appointed under this section may not be credited with enlisted service for the period covered by his advanced training, other than any period of enlisted service performed on or after August 1, 1979, as a member of the Selected Reserve.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2106
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when—
(1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply;
(2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position;
(3) he is demoted to a position in a lower grade;
(4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch;
(5) his type of appointment is changed;
(6) his employment status is otherwise changed; or
(7) his position is changed from one grade to another grade.
For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under [section 14306(a)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/a/2&num=0&edition=prelim), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply.
**(b)** An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5334
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the needs of the service require, the Secretary of the military department concerned shall convene selection boards to recommend for promotion to the next higher permanent grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, Marine Corps, or Space Force and from lieutenant (junior grade) through rear admiral (lower half) in the Navy. The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 624(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a/3&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion.
**(b)** Whenever the needs of the service require, the Secretary of the military department concerned may convene selection boards to recommend officers for continuation on active duty under [section 637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637&num=0&edition=prelim) or for early retirement under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim).
**(c)** The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 611
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A member of an armed force—
(1) who first became a member of a uniformed service after September 7, 1980;
(2) who has become entitled to retired pay or retainer pay; and
(3) who thereafter serves on active duty (other than for training),
is entitled to recompute his retired pay or retainer pay upon release from that duty according to the following table. Column 1TakeColumn 2Multiply by Retired pay base or retainer pay base under section 1407 which he would be entitled to use if—The retired pay multiplier or retainer pay multiplier prescribed in section 1409 for the sum of— (1) he were retiring upon release from that active duty; or (1) the years of service that may be credited to him in computing retired pay or retainer pay; and (2) he were transferring to the Fleet Reserve or Fleet Marine Corps Reserve upon that release from active duty. (2) his years of active service after becoming entitled to retired pay or retainer pay.
**(b) New Disability Incurred During Later Active Duty.—** A member of an armed force who first became a member of a uniformed service after September 7, 1980, who has been retired other than for physical disability and who while on active duty incurs a physical disability of at least 30 percent for which he would otherwise be eligible for retired pay under chapter 61 of this title, is entitled, upon his release from active duty, to retired pay under subsection (d).
**(c) Additional or Aggravated Disability Incurred During Later Active Duty.—** A member of an armed force who first became a member of a uniformed service after September 7, 1980, and who—
(1) was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disability retired list;
(2) incurs, whi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1402a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Within such numbers as the Secretary concerned may prescribe, enlisted Reserves may, with their consent, be selected for training as officer candidates. Enlisted Reserves so selected shall be designated as officer candidates during that training. However, no member of the Army National Guard of the United States or the Air National Guard of the United States may be so selected or designated unless—
(1) he is on active duty; or
(2) the governor or other appropriate authority of the jurisdiction concerned consents.
**(b)** The enlistment or term of service of a Reserve who is designated as an officer candidate under this section is extended to include any period, beyond its normal expiration date, during which he is an officer candidate.
**(c)** While he is on active duty, other than active duty for training without pay, or performing authorized travel to and from that duty, an officer candidate designated under this section is entitled to the pay and allowances of his enlisted grade, but not less than those prescribed for pay grade E–2.
**(d)** An officer candidate designated under this section may not participate in the program of a reserve officer training corps of any armed force.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12209
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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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