10 U.S.C. § 972 — Members: effect of time lost

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 Page 884 TITLE 10—ARMED FORCES § 973 (B) the trial results in an acquittal of the charge. (2) For each charge resulting in a conviction in such trial— (A) the conviction is set aside in a final disposition of such charge, other than in a grant of clemency; or (B) a judgment of acquittal or a dismissal is entered upon a reversal of the conviction on appeal. (Added Pub. L. 85–861, § 1(20), Sept. 2, 1958, 72 Stat. 1443; amended Pub. L. 104–106, div. A, title V, § 561(a)–(c)(1), Feb. 10, 1996, 110 Stat. 321, 322; Pub. L. 105–85, div. A, title X, § 1073(a)(14), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 108–375, div. A, title V, § 572, Oct. 28, 2004, 118 Stat. 1921.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 972 .......... 10 App.:629a. 34 App.:183b. July 24, 1956, ch. 692, § 1, 70 Stat. 631. Editorial Notes AMENDMENTS 2004—Subsec. (c). Pub. L. 108–375 added subsec. (c). 1997—Subsec. (b). Pub. L. 105–85 substituted ‘‘Feb- ruary 10, 1996’’ for ‘‘the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996’’ in introductory provisions. 1996—Pub. L. 104–106, § 561(c)(1), substituted ‘‘Mem- bers: effect of time lost’’ for ‘‘Enlisted members: re- quired to make up time lost’’ as section catchline. Pub. L. 104–106, § 561(a), designated existing provisions as subsec. (a), inserted heading, added par. (3), redesig- nated par. (5) as (4), struck out former pars. (3) and (4), and added subsec. (b). Prior to amendment, subsec. (a)(3) and (4) read as follows: ‘‘(3) is confined for more than one day while awaiting trial and disposition of his case, and whose conviction has become final; ‘‘(4) is confined for more than one day under a sen- tence that has become final; or’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title V, § 561(e), Feb. 10, 1996, 110 Stat. 323, provided that: ‘‘The amendments made by this section [enacting section 6328 of this title and amending this section and sections 1405, 3925, 3926, 8925, and 8926 of this title] shall take effect on the date of the enactment of this Act [Feb. 10, 1996] and shall apply to any period of time covered by section 972 of title 10, United States Code, that occurs after that date.’’ § 973. Duties: officers on active duty; perform- ance of civil functions restricted (a) No officer of an armed force on active duty may accept employment if that employment re- quires him to be separated from his organiza- tion, branch, or unit, or interferes with the per- formance of his military duties. (b)(1) This subsection applies— (A) to a regular officer of an armed force on the active-duty list (and a regular officer of the Coast Guard on the active duty promotion list); (B) to a retired regular officer of an armed force serving on active duty under a call or order to active duty for a period in excess of 270 days; (C) to a reserve officer of an armed force serving on active duty under a call or order to active duty for a period in excess of 270 days; and (D) to an officer on the Space Force officer list serving on active duty under section 20105(b) of this title or under a call or order to active duty for a period in excess of 270 days. (2)(A) Except as otherwise authorized by law, an officer to whom this subsection applies may not hold, or exercise the functions of, a civil of- fice in the Government of the United States— (i) that is an elective office; (ii) that requires an appointment by the President by and with the advice and consent of the Senate; or (iii) that is a position in the Executive Schedule under sections 5312 through 5317 of title 5. (B) An officer to whom this subsection applies may hold or exercise the functions of a civil of- fice in the Government of the United States that is not described in subparagraph (A) when assigned or detailed to that office or to perform those functions. (3) Except as otherwise authorized by law, an officer to whom this subsection applies by rea- son of subparagraph (A) of paragraph (1) may not hold or exercise, by election or appointment, the functions of a civil office in the government of a State (or of any political subdivision of a State). (4)(A) An officer to whom this subsection ap- plies by reason of subparagraph (B) or (C) of paragraph (1) may not hold, by election or ap- pointment, a civil office in the government of a State (or of any political subdivision of a State) if the holding of such office while this sub- section so applies to the officer— (i) is prohibited under the laws of that State; or (ii) as determined by the Secretary of De- fense or by the Secretary of Homeland Secu- rity with respect to the Coast Guard when it is not operating as a service in the Navy, interferes with the performance of the officer’s duties as an officer of the armed forces. (B) Except as otherwise authorized by law, while an officer referred to in subparagraph (A) is serving on active duty, the officer may not ex- ercise the functions of a civil office held by the officer as described in that subparagraph. (5) Nothing in this subsection shall be con- strued to invalidate any action undertaken by an officer in furtherance of assigned official du- ties. (6) In this subsection, the term ‘‘State’’ in- cludes the District of Columbia and a territory, possession, or commonwealth of the United States. (c) An officer to whom subsection (b) applies may seek and hold nonpartisan civil office on an independent school board that is located exclu- sively on a military reservation. (d) The Secretary of Defense, and the Sec- retary of Homeland Security with respect to the Coast Guard when it is not operating in the Navy, shall prescribe regulations to implement this section. (Added Pub. L. 90–235, § 4(a)(5)(A), Jan. 2, 1968, 81 Stat. 759; amended Pub. L. 96–513, title I, § 116,