10 U.S.C. § 9326 — Computation of years of service: vol-

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, 110 Stat. 323; renumbered § 9325 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(18), Jan. 1, 2021, 134 Stat. 3812.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8925(a) ..... 8925(b) ..... 10:947 (proviso). 10:958. [No source]. Mar. 2, 1907, ch. 2515, § 1 (proviso), 34 Stat. 1218. Aug. 10, 1946, ch. 952, § 6(b), 60 Stat. 996. In subsection (a), the words ‘‘active service’’ are sub- stituted for the word ‘‘service’’, in 10:947, and ‘‘active Federal service performed’’, in 10:958, for uniformity. The words ‘‘service computed under section 8683 of this title’’ are inserted, since a person entitled to count service under that revised section might cease to be a nurse or woman medical specialist and thereafter be- come entitled to retire under one of the revised sec- tions referred to in subsection (a) of this revised sec- tion. Subsection (b) is inserted because of section 8638 of this title and in accordance with long standing inter- pretation of the effect of 10:629 upon the computation of years of service for retirement. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8925 ......... [No source]. [No source]. The amendment reflects the repeal of section 8638 of this title and the enactment of a similar provision in section 972 of this title. Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’. 2018—Pub. L. 115–232, § 806(b)(13), renumbered section 8925 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 9314 or 9317’’ for ‘‘section 8914 or 8917’’. 1996—Subsec. (b). Pub. L. 104–106 substituted ‘‘section 972(a)’’ for ‘‘section 972’’. 1994—Subsec. (a). Pub. L. 103–337, § 635(c)(1)(A), struck out ‘‘and of computing his retired pay under section 8991 of this title,’’ after ‘‘8917 of this title,’’. Subsec. (c). Pub. L. 103–337, § 635(c)(1)(B), struck out subsec. (c) which read as follows: ‘‘In determining a member’s years of service under subsection (a) for the purpose of computing the member’s retired pay under section 8991 of this title— ‘‘(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and ‘‘(2) any remaining fractional part of a year shall be disregarded.’’ 1989—Subsec. (a). Pub. L. 101–189 struck out ‘‘and service computed under section 8683 of this title’’ be- fore period at end. 1986—Subsec. (c). Pub. L. 99–348 added subsec. (c). 1980—Pub. L. 96–343, § 9(b)(2)(B), struck out ‘‘regular’’ before ‘‘enlisted members’’ in section catchline. Subsec. (a). Pub. L. 96–343, § 9(b)(2)(A), substituted ‘‘an enlisted’’ for ‘‘a regular enlisted’’. 1958—Subsec. (b). Pub. L. 85–861 substituted ‘‘section 972 of this title’’ for ‘‘section 8638 of this title’’. 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 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. § 9326. 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 Air Force or the Space Force may Page 3491 TITLE 10—ARMED FORCES § 9329 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 eligi- bility 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 sub- section (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 sub- section (a) all service as a contract dental sur- geon or acting dental surgeon. (d) Section 972(b) of this title 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8926; Pub. L. 86–197, § 1(8), Aug. 25, 1959, 73 Stat. 426; Pub. L. 101–189, div. A, title VI, § 652(a)(7), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 104–106, div. A, title V, § 561(d)(4)(B), Feb. 10, 1996, 110 Stat. 323; renum- bered § 9326 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(19), Jan. 1, 2021, 134 Stat. 3812.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8926(a) ..... 8926(b) ..... 8926(c) ..... 10:951 (less applicability to 10:166g(a)). 10:951a. 10:951b (less applicability to 10:166g(a)). [Uncodified June 18, 1878, ch. 263, § 7 (less applica- bility to 10:166g(a)), 20 Stat. 150.] 10:953a (1st sentence). 10:953a (less 1st sen- tence). June 3, 1916, ch. 134, § 127a (6th par., less 1st 13 words, and less ap- plicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amended); added June 4, 1920, ch. 227, subch. I, § 51 (6th par., less 1st 13 words, and less applicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 41 Stat. 785. May 23, 1928, ch. 716, 45 Stat. 720. June 15, 1935, ch. 257 (less applicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amend- ed), 49 Stat. 377. June 18, 1878, ch. 263, § 7 (less applicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 20 Stat. 150. May 29, 1928, ch. 902, 45 Stat. 996; Jan. 29, 1938, ch. 12, § 2, 52 Stat. 8. Subsection (a) consolidates the various service com- putation provisions applicable to voluntary retirement of commissioned officers. Clause (1) is substituted for 10:951. Clause (2) is substituted for 10:951b. The words ‘‘pay period and’’, in 10:951a, are omitted as superseded by section 202 of the Career Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233). The words ‘‘longevity pay and’’, in section 7 of the Act of June 18, 1878, ch. 263, 20 Stat. 150, are omitted for the same reason. The last sen- tence of section 7 of that act is omitted, since the dis- tinction between limited and unlimited retired lists was abolished by section 201 of the Act of June 29, 1948, ch. 708, 62 Stat. 1084. Clause (3) is inserted, since a per- son entitled to count service under section 8683 of this title might cease to be a nurse or woman medical spe- cialist and thereafter become entitled to retire under one of the revised sections referred to in subsection (a) of this revised section. In subsection (b), the words ‘‘as a member of the Med- ical Reserve Corps’’, in 10:953a, are omitted as covered by subsection (a)(1). The words ‘‘are computed by add- ing to his service under subsection (a)’’ are substituted for the words ‘‘shall be credited to the same extent as service under a Regular Army commission’’. Subsection (c) is substituted for 10:953a (less 1st sen- tence). Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 923(c)(19)(B), which directed amendment of subsec. (a) by substituting ‘‘the offi- cer’s’’ for ‘‘his’’ wherever appearing, was executed by making the substitution wherever appearing in this section to reflect the probable intent of Congress. Subsec. (a). Pub. L. 116–283, § 923(c)(19)(A)(i), inserted ‘‘or the Space Force’’ after ‘‘of the Air Force’’ in intro- ductory provisions. Subsec. (a)(1). Pub. L. 116–283, § 923(c)(19)(A)(ii), sub- stituted ‘‘, the Air Force, or the Space Force’’ for ‘‘or the Air Force’’. 2018—Pub. L. 115–232, § 806(b)(13), renumbered section 8926 of this title as this section. Subsecs. (a) to (c). Pub. L. 115–232, § 809(a), substituted ‘‘section 9311, 9318, or 9324’’ for ‘‘section 8911, 8918, or 8924’’. 1996—Subsec. (d). Pub. L. 104–106 added subsec. (d). 1989—Subsec. (a)(1). Pub. L. 101–189, § 652(a)(7)(A)(i), inserted ‘‘and’’ after semicolon at end. Subsec. (a)(2). Pub. L. 101–189, § 652(a)(7)(A)(ii), sub- stituted period for semicolon at end. Subsec. (a)(3), (4). Pub. L. 101–189, § 652(a)(7)(A)(iii), struck out pars. (3) and (4) which read as follows: ‘‘(3) all service computed under section 8683 of this title; and ‘‘(4) if an officer of the Regular Air Force, all active service performed as an officer of the Philippine Con- stabulary.’’ Subsec. (d). Pub. L. 101–189, § 652(a)(7)(B), struck out subsec. (d) which read as follows: ‘‘For the purpose of determining whether an Air Force nurse or medical specialist may be retired under section 8911 of this title, all service computed under section 8683 of this title, shall be treated as if it was service as a commis- sioned officer.’’ 1959—Subsec. (d). Pub. L. 86–197 added subsec. (d). 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 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. § 9329. Computation of retired pay: law applica- ble A member of the Air Force or the Space Force retired under this chapter is entitled to retired pay computed under chapter 945 of this title.