10 U.S.C. § 7326 — Computation of years of service: vol-

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 for retirement; (3) all service computed under section 3683 1 of this title; and (4) if an officer of the Regular Army, all ac- tive 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 serv- ice are computed by adding to his service under subsection (a) all service performed as a con- tract surgeon, acting assistant surgeon, or con- tract 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 serv- ice 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 re- tired under section 7311 of this title, all service computed under section 3683 1 of this title shall be treated as if it were service as a commis- sioned officer. (e) 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. 228, § 3926; Pub. L. 86–197, § 1(5), Aug. 25, 1959, 73 Stat. 426; Pub. L. 104–106, div. A, title V, § 561(d)(2)(B), Feb. 10, 1996, 110 Stat. 322; renumbered § 7326 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840; Pub. L. 116–283, div. A, title IX, § 924(c)(2), Jan. 1, 2021, 134 Stat. 3826.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3926(a) ..... 3926(b) ..... 3926(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 applicability 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 3683 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 REFERENCES IN TEXT Section 3683 of this title, referred to in subsecs. (a)(3) and (d), was repealed (subject to a savings clause) by Pub. L. 99–145, title XIII, § 1301(b)(1)(A), (C), Nov. 8, 1985, 99 Stat. 735. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 116–283 substituted ‘‘, the Air Force, or the Space Force’’ for ‘‘or the Air Force’’. Page 3031 TITLE 10—ARMED FORCES § 7341 2018—Pub. L. 115–232, § 808(b)(12), renumbered section 3926 of this title as this section. Subsecs. (a) to (c). Pub. L. 115–232, § 809(a), substituted ‘‘section 7311, 7318, or 7324’’ for ‘‘section 3911, 3918, or 3924’’ in introductory provisions in subsec. (a) and in subsecs. (b) and (c). Subsec. (d). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 7311’’ for ‘‘section 3911’’. 1996—Subsec. (e). Pub. L. 104–106 added subsec. (e). 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. § 7329. Computation of retired pay: law applica- ble A member of the Army retired under this chapter is entitled to retired pay computed under chapter 745 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 230, § 3929; re- numbered § 7329 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3929 ......... [No source]. [No source]. The revised section is based on the various retire- ment provisions in this chapter and is inserted to make explicit the entitlement to retired pay upon retire- ment. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 809(a), substituted ‘‘chapter 745’’ for ‘‘chapter 371’’. Pub. L. 115–232, § 808(b)(12), renumbered section 3929 of this title as this section. 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. CHAPTER 743—RETIRED GRADE Sec. 7341. General rule. 7342. Higher grade for service in special positions. 7343. Highest grade held satisfactorily: Reserve en- listed members reduced in grade not as a re- sult of the member’s misconduct. 7344. Higher grade after 30 years of service: war- rant officers and enlisted members. 7345. Restoration to former grade: retired warrant officers and enlisted members. Sec. 7346. Retired lists. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(B), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 369 of this title as this chapter and items 3961 to 3966 as 7341 to 7346, respectively. 1996—Pub. L. 104–201, div. A, title V, § 532(a)(2), Sept. 23, 1996, 110 Stat. 2518, added item 3963. 1988—Pub. L. 100–456, div. A, title XII, § 1233(i)(1)(B), Sept. 29, 1988, 102 Stat. 2058, substituted ‘‘retired’’ for ‘‘regular’’ in item 3965. 1987—Pub. L. 100–180, div. A, title V, § 512(e)(1), Dec. 4, 1987, 101 Stat. 1091, substituted ‘‘warrant officers and enlisted members’’ for ‘‘Army warrant officers; regular enlisted members’’ in item 3964. 1985—Pub. L. 99–145, title XIII, § 1301(b)(2)(B), Nov. 8, 1985, 99 Stat. 735, struck out item 3963 ‘‘Higher grade for service during certain periods: regular and reserve com- missioned officers’’. 1980—Pub. L. 96–343, § 13(a)(4), Sept. 8, 1980, 94 Stat. 1131, substituted ‘‘positions’’ for ‘‘positions: regular commissioned officers’’ in item 3962. § 7341. General rule (a)(1) The retired grade of a regular commis- sioned officer of the Army who retires other than for physical disability is determined under section 1370 of this title. (2) The retired grade of a reserve commis- sioned officer of the Army who retires other than for physical disability is determined under section 1370a of this title. (b) Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that the member holds on the date of the member’s re- tirement. (Aug. 10, 1956, ch. 1041, 70A Stat. 230, § 3961; Pub. L. 96–513, title V, § 502(18), Dec. 12, 1980, 94 Stat. 2910; Pub. L. 103–337, div. A, title XVI, § 1672(c)(2), Oct. 5, 1994, 108 Stat. 3015; Pub. L. 106–398, § 1 [[div. A], title V, § 506(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102; renumbered § 7341, Pub. L. 115–232, div. A, title VIII, § 808(b)(13), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 116–283, div. A, title V, § 508(b)(2), Jan. 1, 2021, 134 Stat. 3585.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3961 ......... 10:941a(a)(3) (31st through 42d words; and proviso, as applicable to retired grade). 10:941a(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applica- ble to retired grade). 10:947a (last 11 words). 10:1025. Aug. 7, 1947, ch. 512, §§ 514(a)(3) (31st through 42d words; and proviso, as applicable to retired grade), 514(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to re- tired grade), 61 Stat. 893, 902. 10:1026 (proviso). Feb. 14, 1885, ch. 67 (43d through 53d words); re- stated Sept. 30, 1890, ch. 1125 (43d through 53d words), 26 Stat. 504. R.S. 1254. June 3, 1916, ch. 134, § 4c (proviso); added June 29, 1945, ch. 197 (pro- viso); restated Aug. 7, 1947, ch. 512, § 513(c) (proviso), 61 Stat. 902. The applicability of the rule stated in the revised sec- tion to situations not expressly covered by the laws