10 U.S.C. § 971 — Service credit: officers may not count serv-

Page 882 TITLE 10—ARMED FORCES § 971 Pub. L. 96–342, title X, § 1002(b), Sept. 8, 1980, 94 Stat. 1119, added item 977. 1979—Pub. L. 96–107, title VIII, § 821(b), Nov. 9, 1979, 93 Stat. 820, redesignated item 975 relating to membership in military unions as 976. 1978—Pub. L. 95–610, § 2(b), Nov. 8, 1978, 92 Stat. 3088, added item 975 relating to military unions. Pub. L. 95–485, title VIII, § 815(b), Oct. 20, 1978, 92 Stat. 1626, added item 975 relating to sale of certain defense articles. 1968—Pub. L. 90–235, §§ 4(a)(5)(B), 6(a)(6)(B), Jan. 2, 1968, 81 Stat. 759, 762, added items 973 and 974. 1958—Pub. L. 85–861, § 1(20), Sept. 2, 1958, 72 Stat. 1442, added items 971 and 972. Statutory Notes and Related Subsidiaries ENHANCEMENT OF RECUSAL FOR CONFLICTS OF PER- SONAL INTEREST REQUIREMENTS FOR DEPARTMENT OF DEFENSE OFFICERS AND EMPLOYEES Pub. L. 117–81, div. A, title XI, § 1117, Dec. 27, 2021, 135 Stat. 1955, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), in addition to the prohibition set forth in section 208 of title 18, United States Code, an officer or em- ployee of the Department of Defense may not know- ingly participate personally and substantially in any particular matter involving specific parties where any of the following organizations is a party or represents a party to the matter: ‘‘(1) Any organization, including a trade organiza- tion, for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 2 years. ‘‘(2) Any organization with which the officer or em- ployee is seeking employment. ‘‘(b) AUTHORIZATION.—An agency designee may au- thorize the officer or employee to participate in a mat- ter described in paragraph (a) based on a determina- tion, made in light of all relevant circumstances, that the interest of the Government in the officer or em- ployee’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs and operations. ‘‘(c) CONSTRUCTION.—Nothing in this section shall be construed to terminate, alter, or make inapplicable any other prohibition or limitation in law or regulation on the participation of officers or employees of the De- partment of Defense in particular matters having an ef- fect on their or related financial or other personal in- terests.’’ PROHIBITION ON LOBBYING ACTIVITIES WITH RESPECT TO THE DEPARTMENT OF DEFENSE BY CERTAIN OFFI- CERS OF THE ARMED FORCES AND CIVILIAN EMPLOY- EES OF THE DEPARTMENT FOLLOWING SEPARATION FROM MILITARY SERVICE OR EMPLOYMENT WITH THE DEPARTMENT Pub. L. 115–91, div. A, title X, § 1045, Dec. 12, 2017, 131 Stat. 1555, provided that: ‘‘(a) TWO-YEAR PROHIBITION.— ‘‘(1) PROHIBITION.—An individual described in para- graph (2) may not engage in lobbying activities with respect to the Department of Defense during the two- year period beginning on the date of retirement or separation from service in the Armed Forces or the date of retirement or separation from service with the Department, as applicable. ‘‘(2) COVERED INDIVIDUALS.—An individual described in this paragraph is the following: ‘‘(A) An officer of the Armed Forces in grade O–9 or higher at the time of retirement or separation from the Armed Forces. ‘‘(B) A civilian employee of the Department of Defense who had a civilian grade equivalent to a military grade specified in subparagraph (A) at the time of the employee’s retirement or separation from service with the Department. ‘‘(b) ONE-YEAR PROHIBITION.— ‘‘(1) PROHIBITION.—An individual described in para- graph (2) may not engage in lobbying activities with respect to the Department of Defense during the one- year period beginning on the date of retirement or separation from service in the Armed Forces or the date of retirement or separation from service with the Department, as applicable. ‘‘(2) COVERED INDIVIDUALS.—An individual described in this paragraph is the following: ‘‘(A) An officer of the Armed Forces in grade O–7 or O–8 at the time of retirement or separation from the Armed Forces. ‘‘(B) A civilian employee of the Department of Defense who had a civilian grade equivalent to a military grade specified in subparagraph (A) at the time of the employee’s retirement or separation from service with the Department. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘lobbying activities with respect to the Department of Defense’ means the following: ‘‘(A) Lobbying contacts and other lobbying activi- ties with covered executive branch officials with re- spect to the Department of Defense. ‘‘(B) Lobbying contacts with covered executive branch officials described in subparagraphs (C) through (F) of section 3(3) of the Lobbying Disclo- sure Act of 1995 (2 U.S.C. 1602(3)) in the Department of Defense. ‘‘(2) The terms ‘lobbying activities’ and ‘lobbying contacts’ have the meaning given such terms in sec- tion 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602). ‘‘(3) The term ‘covered executive branch official’ has the meaning given that term in section 3(3) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(3)).’’ § 971. Service credit: officers may not count serv- ice performed while serving as cadet or mid- shipman (a) PROHIBITION ON COUNTING ENLISTED SERVICE PERFORMED WHILE AT SERVICE ACADEMY OR IN NAVY RESERVE.—The period of service under an enlistment or period of obligated service while also performing service as a cadet or mid- shipman or serving as a midshipman in the Navy Reserve may not be counted in computing, for any purpose, the length of service of an officer of an armed force or an officer in the Commis- sioned Corps of the Public Health Service. (b) PROHIBITION ON COUNTING SERVICE AS A CADET OR MIDSHIPMAN.—In computing length of service for any purpose, service as a cadet or midshipman may not be credited to any of the following officers: (1) An officer of the Navy or Marine Corps. (2) A commissioned officer of the Army, Air Force, or Space Force. (3) An officer of the Coast Guard. (4) An officer in the Commissioned Corps of the Public Health Service. (c) SERVICE AS A CADET OR MIDSHIPMAN DE- FINED.—In this section, the term ‘‘service as a cadet or midshipman’’ means— (1) service as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Acad- emy; or (2) service as a midshipman at the United States Naval Academy. (Added Pub. L. 85–861, § 1(20), Sept. 2, 1958, 72 Stat. 1442; amended Pub. L. 90–235, § 6(a) (1), Jan. 2, 1968, 81 Stat. 761; Pub. L. 98–557, § 17(a), Oct. 30, 1984, 98 Stat. 2867; Pub. L. 101–189, div. A, title VI, § 652(a)(1)(A), (2), Nov. 29, 1989, 103 Stat. 1461; Page 883 TITLE 10—ARMED FORCES § 972 Pub. L. 104–201, div. A, title V, § 581, Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105–85, div. A, title X, § 1073(a)(13), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 109–163, div. A, title V, § 515(b)(1)(D), (2), Jan. 6, 2006, 119 Stat. 3233, 3234; Pub. L. 116–283, div. A, title IX, § 924(b)(22), Jan. 1, 2021, 134 Stat. 3824.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 971 .......... 50:1414. June 25, 1956, ch. 439, § 4, 70 Stat. 333. Editorial Notes AMENDMENTS 2021—Subsec. (b)(2). Pub. L. 116–283 substituted ‘‘, Air Force, or Space Force’’ for ‘‘or Air Force’’. 2006—Subsec. (a). Pub. L. 109–163 substituted ‘‘NAVY RESERVE’’ for ‘‘NAVAL RESERVE’’ in heading and ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ in text. 1997—Subsec. (b)(4). Pub. L. 105–85 substituted ‘‘Com- missioned Corps’’ for ‘‘commissioned corps’’. 1996—Pub. L. 104–201, § 581(c)(3), struck out ‘‘enlisted’’ after ‘‘count’’ in section catchline. Subsec. (a). Pub. L. 104–201, § 581(a), (c)(2), inserted heading, substituted ‘‘while also performing service as a cadet or midshipman or serving as a midshipman’’ for ‘‘while also serving as a cadet at the United States Military Academy, the United States Air Force Acad- emy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy or’’, and inserted before period at end ‘‘or an officer in the Commissioned Corps of the Public Health Service’’. Subsec. (b). Pub. L. 104–201, § 581(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘In computing length of service for any pur- pose— ‘‘(1) no officer of the Navy or Marine Corps may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; ‘‘(2) no commissioned officer of the Army or Air Force may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; and ‘‘(3) no officer of the Coast Guard may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy.’’ Subsec. (c). Pub. L. 104–201, § 581(c)(1), added subsec. (c). 1989—Subsec. (a). Pub. L. 101–189, § 652(a)(1)(A), struck out ‘‘, under an appointment accepted after June 25, 1956,’’ after ‘‘Naval Reserve’’. Subsec. (b)(1). Pub. L. 101–189, § 652(a)(2)(A), struck out ‘‘, if he was appointed as a midshipman or cadet after March 4, 1913’’ after ‘‘United States Coast Guard Academy’’. Subsec. (b)(2). Pub. L. 101–189, § 652(a)(2)(B), struck out ‘‘, if he was appointed as a midshipman or cadet after August 24, 1912’’ after ‘‘United States Coast Guard Academy’’. 1984—Subsec. (b)(3). Pub. L. 98–557 added par. (3). 1968—Pub. L. 90–235 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. APPLICATION OF SUBSECTION (a) TO SERVICE UNDER APPOINTMENT ACCEPTED BEFORE JUNE 26, 1956 Pub. L. 101–189, div. A, title VI, § 652(a)(1)(B), Nov. 29, 1989, 103 Stat. 1461, provided that the computing limita- tion in subsection (a) of this section did not apply to service under an appointment as a cadet or midshipman accepted before June 26, 1956. § 972. Members: effect of time lost (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 au- thority; (3) is confined by military or civilian au- thorities 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 deter- mined by competent authority, to perform his duties because of intemperate use of drugs or alcoholic liquor, or because of disease or in- jury 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 in- ducted. (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 au- thority; (3) is confined by military or civilian au- thorities 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 deter- mined by competent authority, to perform his duties because of intemperate use of drugs or alcoholic liquor, or because of disease or in- jury resulting from his misconduct; the period of such desertion, absence, confine- ment, or inability to perform duties may not be counted in computing, for any purpose other than basic pay under section 205 of title 37, the officer’s length of service. (c) WAIVER OF RECOUPMENT OF TIME LOST FOR CONFINEMENT.—The Secretary concerned shall waive liability for a period of confinement in connection with a trial under subsection (a)(3), or exclusion of a period of confinement in con- nection with a trial under subsection (b)(3), in a case upon the occurrence of any of the following events: (1) For each charge— (A) the charge is dismissed before or dur- ing trial in a final disposition of the charge; or