
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1208]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 1208. Computation of service

    (a) For the purposes of this chapter, a member of a regular 
component shall be credited with the service described in paragraph (1) 
or that described in paragraph (2), whichever is greater:
        (1) The service that he is considered to have for the purpose of 
    separation, discharge, or retirement for length of service.
        (2) The sum of--
            (A) his active service as a member of the armed forces, a 
        nurse, a reserve nurse, a contract surgeon, a contract dental 
        surgeon, or an acting dental surgeon;
            (B) his active service as a member of the National Oceanic 
        and Atmospheric Administration or the Public Health Service; and
            (C) his service while participating in exercises or 
        performing duties under sections 502, 503, 504, and 505 of title 
        32.

For the purpose of paragraph (2), active service as a member of the 
National Oceanic and Atmospheric Administration includes active service 
as a member of the Environmental Science Services Administration and of 
the Coast and Geodetic Survey.
    (b) A member of the armed forces who is not a member of a regular 
component shall be credited, for the purposes of this chapter, with the 
number of years of service that he would count if he were computing his 
years of service under section 12733 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 89-718, Sec. 8, Nov. 2, 
1966, 80 Stat. 1117; Pub. L. 96-513, title V, Secs. 501(16), 511(42), 
Dec. 12, 1980, 94 Stat. 2908, 2923; Pub. L. 99-661, div. A, title XIII, 
Sec. 1343(a)(6), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100-26, 
Sec. 7(j)(3), Apr. 21, 1987, 101 Stat. 283; Pub. L. 104-106, div. A, 
title XV, Sec. 1501(c)(13), Feb. 10, 1996, 110 Stat. 499.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1208(a)...............................  37:282 (less clauses (2) and (3),    Oc
t. 12, 1949, ch. 681, Sec.  412
                                         less applicability to persons        (
less clause (3), less
                                         referred to in 37:281, and less      a
pplicability to persons referred
                                         applicability to service as a        t
o in Sec.  411, and less
                                         cadet before August 24, 1912, as a   a
pplicability to service as a
                                         midshipman before March 4, 1913,     c
adet before August 24, 1912, as a
                                         as an Army field clerk, or as a      m
idshipman before March 4, 1913,
                                         field clerk, Army Quartermaster      a
s an Army field clerk, or as a
                                         Corps).                              f
ield clerk, Army Quartermaster
                                                                              C
orps), 63 Stat. 824.
1208(b)...............................  37:282 (clause (2), less
                                         applicability to persons referred
                                         to in 37:281, and less
                                         applicability to service as a
                                         cadet before August 24, 1912, as a
                                         midshipman before March 4, 1913,
                                         as an Army field clerk, or as a
                                         field clerk, Army Quartermaster
                                         Corps).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``shall be credited with the service 
described in clause (1) or that described in clause (2), whichever is 
greater'' are substituted for the words ``shall be interpreted to 
mean''.
    In subsection (a)(1), the words ``he is considered to have'' are 
substituted for the words ``such member, former member, or person has or 
is deemed to have pursuant to law''.
    In subsection (a)(2)(A), the words ``his active service'' are 
substituted for the words ``while on the active list or on active duty 
or while participating in full-time training or other full-time duty 
provided for or authorized in the National Defense Act, as amended, the 
Naval Reserve Act of 1938, as amended, or in--other provisions of law'' 
because of the definitions of ``active service'' and ``active duty'' in 
sections 101(24) and 101(22) of this title.
    In subsection (a)(2)(C), the references to 10:22-23, 24-26, and 30-
36 are omitted as repealed by section 401 of the Army Organization Act 
of 1950, 64 Stat. 271. The reference to 32:70 is omitted as repealed by 
section 16 of the act of June 15, 1933, ch. 87, 48 Stat. 159. The 
reference to 10:23a is omitted as executed. The references to 10:38 and 
32:66 and 172-175 are omitted as covered by the words ``active 
service''. The references to 32:144-147, 171, and 176 are omitted, since 
they deal with pay and do not authorize duty or training. The reference 
to section 502 of title 32, not contained in 37:282, is inserted, since 
section 92 of the National Defense Act, as amended (32:62) is referred 
to in section 412 of the Career Compensation Act of 1949 (37:282).
    In subsection (b), the words ``any other member'' are substituted 
for the words ``members of the reserve components'', since the words 
``reserve components'' are defined by section 102(k) of the Career 
Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 231(k)) to include 
members appointed, enlisted, or inducted without component.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-106 substituted ``section 12733'' for 
``section 1333''.
    1987--Subsec. (a). Pub. L. 100-26 substituted ``paragraph (1)'' and 
``paragraph (2)'' for ``clause (1)'' and ``clause (2)'', respectively, 
in introductory provisions, and ``paragraph (2)'' for ``clause 2(B) of 
this subsection'' in second sentence.
    1986--Subsec. (a)(2)(A). Pub. L. 99-661 struck out ``after February 
2, 1901'' after ``a reserve nurse''.
    1980--Subsec. (a). Pub. L. 96-513 substituted ``separation, 
discharge, or retirement for length of service'' for ``separation or 
mandatory elimination from the active list'' in par. (1), substituted 
``National Oceanic and Atmospheric Administration'' for ``Environmental 
Science Services Administration'' in par. (2)(B), and, in provisions 
following par. (2)(C), substituted ``as a member of the National Oceanic 
and Atmospheric Administration includes active service as a member of 
the Environmental Science Services Administration and'' for ``as a 
member of the Environmental Science Services Administration includes 
service as a member''.
    1966--Subsec. (a). Pub. L. 89-718 substituted ``Environmental 
Science Services Administration'' for ``Coast and Geodetic Survey'' in 
clause (2)(B) and inserted provision that, for purposes of clause (2)(B) 
of subsec. (a), active service as a member of the Environmental Science 
Services Administration includes active service as a member of the Coast 
and Geodetic Survey.


                    Effective Date of 1996 Amendment

    Section 1501(c) of Pub. L. 104-106 provided that the amendment made 
by that section is effective as of Dec. 1, 1994, and as if included as 
an amendment made by the Reserve Officer Personnel Management Act, title 
XVI of Pub. L. 103-337, as originally enacted.


                    Effective Date of 1980 Amendment

    Amendment by section 501(16) of Pub. L. 96-513 effective Sept. 15, 
1981, and amendment by section 511(42) of Pub. L. 96-513 effective Dec. 
12, 1980, see section 701 of Pub. L. 96-513, set out as a note under 
section 101 of this title.


                                 Repeals

    The directory language of, but not the amendment made by, Pub. L. 
89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to 
this section, was repealed by Pub. L. 97-295, Sec. 6(b), Oct. 12, 1982, 
96 Stat. 1314.

                          Transfer of Functions

    For transfer of functions of Public Health Service, see note set out 
under section 802 of this title.


            Additional Service Creditable to Certain Regulars

    Section 39 of act Aug. 10, 1956, provided that: ``In addition to 
service with which he may be credited under section 1208(a)(2) of title 
10, United States Code [subsec. (a)(2) of this section], a member of a 
regular component of the armed forces shall be credited, for the 
purposes of chapter 61 of title 10, United States Code [this chapter], 
with all service as--
        ``(1) a cadet at the United States Military Academy, if 
    appointed before August 24, 1912;
        ``(2) a midshipman at the United States Naval Academy, if 
    appointed before March 4, 1913;
        ``(3) an Army field clerk; and
        ``(4) a field clerk, Army Quartermaster Corps.''


                  Officers of the Public Health Service

    Applicability of subsec. (a)(2) of this section to officers of the 
Reserve Corps and to officers of the Regular Corps of the Public Health 
Service, see section 212 of Title 42, The Public Health and Welfare.

                  Section Referred to in Other Sections

    This section is referred to in sections 1201, 1203, 1204, 1206, 
1210, 1212, 1401, 1402, 1402a of this title; title 42 section 212.
