
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: 10USC12732]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
            CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
 
Sec. 12732. Entitlement to retired pay: computation of years of 
        service
        
    (a) Except as provided in subsection (b), for the purpose of 
determining whether a person is entitled to retired pay under section 
12731 of this title, the person's years of service are computed by 
adding the following:
        (1) The person's years of service, before July 1, 1949, in the 
    following:
            (A) The armed forces.
            (B) The federally recognized National Guard before June 15, 
        1933.
            (C) A federally recognized status in the National Guard 
        before June 15, 1933.
            (D) The National Guard after June 14, 1933, if his service 
        therein was continuous from the date of his enlistment in the 
        National Guard, or his Federal recognition as an officer 
        therein, to the date of his enlistment or appointment, as the 
        case may be, in the National Guard of the United States, the 
        Army National Guard of the United States, or the Air National 
        Guard of the United States.
            (E) The Naval Reserve Force.
            (F) The Naval Militia that conformed to the standards 
        prescribed by the Secretary of the Navy.
            (G) The National Naval Volunteers.
            (H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse 
        Corps Reserve of the Army, or the Nurse Corps Reserve of the 
        Navy, as it existed at any time after February 2, 1901.
            (I) The Army under an appointment under the Act of December 
        22, 1942 (ch. 805, 56 Stat. 1072).
            (J) An active full-time status, except as a student or 
        apprentice, with the Medical Department of the Army as a 
        civilian employee--
                (i) in the dietetic or physical therapy categories, if 
            the service was performed after April 6, 1917, and before 
            April 1, 1943; or
                (ii) in the occupational therapy category, if the 
            service was performed before appointment in the Army Nurse 
            Corps or the Women's Medical Specialist Corps and before 
            January 1, 1949, or before appointment in the Air Force 
            before January 1, 1949, with a view to designation as an Air 
            Force nurse or medical specialist.

        (2) Each one-year period, after July 1, 1949, in which the 
    person has been credited with at least 50 points on the following 
    basis:
            (A) One point for each day of--
                (i) active service; or
                (ii) full-time service under sections 316, 502, 503, 
            504, and 505 of title 32 while performing annual training 
            duty or while attending a prescribed course of instruction 
            at a school designated as a service school by law or by the 
            Secretary concerned;

        if that service conformed to required standards and 
        qualifications.
            (B) One point for each attendance at a drill or period of 
        equivalent instruction that was prescribed for that year by the 
        Secretary concerned and conformed to the requirements prescribed 
        by law, including attendance under section 502 of title 32.
            (C) Points at the rate of 15 a year for membership--
                (i) in a reserve component of an armed force,
                (ii) in the Army or the Air Force without component, or
                (iii) in any other category covered by subsection (a)(1) 
            except a regular component.

            (D) Points credited for the year under section 2126(b) of 
        this title.
            (E) One point for each day on which funeral honors duty is 
        performed for at least two hours under section 12503 of this 
        title or section 115 of title 32, unless the duty is performed 
        while in a status for which credit is provided under another 
        subparagraph of this paragraph.

    For the purpose of clauses (A), (B), (C), (D), and (E), service in 
    the National Guard shall be treated as if it were service in a 
    reserve component, if the person concerned was later appointed in 
    the National Guard of the United States, the Army National Guard of 
    the United States, the Air National Guard of the United States, or 
    as a Reserve of the Army or the Air Force, and served continuously 
    in the National Guard from the date of his Federal recognition to 
    the date of that appointment.
        (3) The person's years of active service in the Commissioned 
    Corps of the Public Health Service.
        (4) The person's years of active commissioned service in the 
    National Oceanic and Atmospheric Administration (including active 
    commissioned service in the Environmental Science Services 
    Administration and in the Coast and Geodetic Survey).

    (b) The following service may not be counted under subsection (a):
        (1) Service (other than active service) in an inactive section 
    of the Organized Reserve Corps or of the Army Reserve, or in an 
    inactive section of the officers' section of the Air Force Reserve.
        (2) Service (other than active service) after June 30, 1949, 
    while on the Honorary Retired List of the Naval Reserve or of the 
    Marine Corps Reserve.
        (3) Service in the inactive National Guard.
        (4) Service in a non-federally recognized status in the National 
    Guard.
        (5) Service in the Fleet Reserve or the Fleet Marine Corps 
    Reserve.
        (6) Service as an inactive Reserve nurse of the Army Nurse Corps 
    established by the Act of February 2, 1901 (ch. 192, 31 Stat. 753), 
    as amended, and service before July 1, 1938, as an inactive Reserve 
    nurse of the Navy Nurse Corps established by the Act of May 13, 1908 
    (ch. 166, 35 Stat. 146).
        (7) Service in any status other than that as commissioned 
    officer, warrant officer, nurse, flight officer, aviation 
    midshipman, appointed aviation cadet, or enlisted member, and that 
    described in clauses (I) and (J) of subsection (a)(1).

(Aug. 10, 1956, ch. 1041, 70A Stat. 102, Sec. 1332; Pub. L. 85-861, 
Sec. 33(a)(9), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 86-197, Sec. 1(1)-
(3), Aug. 25, 1959, 73 Stat. 425; Pub. L. 88-636, Sec. 1, Oct. 8, 1964, 
78 Stat. 1034; Pub. L. 93-545, Sec. 1, Dec. 26, 1974, 88 Stat. 1741; 
Pub. L. 96-513, title V, Sec. 511(48), Dec. 12, 1980, 94 Stat. 2924; 
renumbered Sec. 12732 and amended Pub. L. 103-337, div. A, title XVI, 
Sec. 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3000; Pub. L. 104-201, 
div. A, title V, Sec. 543(b)(1), Sept. 23, 1996, 110 Stat. 2522; Pub. L. 
106-65, div. A, title V, Sec. 578(h)(1), Oct. 5, 1999, 113 Stat. 628.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1332(a)...............................  10:1036a(b).                         Ju
ne 29, 1948, ch. 708, Sec.
                                        10:1036a(c).                          3
02(b), (c), 62 Stat. 1089; Sept.
                                        10:1036e(a).                          7
, 1949, ch. 547, Secs.  1, 2, 63
                                        10:1036e(b).                          S
tat. 693.
                                        10:1036e(c) (less applicability to   Ju
ne 29, 1948, ch. 708, Sec.  306
                                         determination of retired pay).       (
less (c) and (d), as applicable
                                        10:1036e(d) (less applicability to    t
o determination of retired pay),
                                         determination of retired pay).       6
2 Stat. 1088.
                                        34:440i(b).
                                        34:440i(c).
                                        34:440m(a).
                                        34:440m(b).
                                        34:440m(c) (less applicability to
                                         determination of retired pay).
                                        34:440m(d) (less applicability to
                                         determination of retired pay).
1332(b)...............................  10:1036e(e).
                                        10:1036e(f).
                                        34:440m(e).
                                        34:440m(f).
-------------------------------------------------------------------------------
---------------------------------

    Subsection (a) consolidates the provisions of 10:1036a and 1036e(b)-
(d), and 34:440i and 440m(b)-(d), relating to service that may be 
counted in determining eligibility for retired pay under this chapter. 
10:1036e(a) and 34:440m(a) are omitted as covered by the enumeration of 
the service that may be counted for the purposes of the revised section.
    In subsection (a)(1)(A)-(F), the requirement that the service must 
have been satisfactory is omitted as executed, since all service before 
July 1, 1949, has been found to have been satisfactory by the 
Secretaries concerned.
    In subsection (a)(1)(A), the words ``the armed forces'' are 
substituted for clauses (1), (2), (5)-(7), (9), (10), and (13)-(16), of 
10:1036e(c) and 34:440m(c), and so much of clause (8) of 10:1036e(c) and 
34:440m(c) as relates to the Naval Reserve and the Naval Reserve Force 
as constituted after February 28, 1925, since the service covered by 
those clauses when added to service in the regular components, comprises 
all service in the armed forces.
    In subsection (a)(1)(B)-(C), the words ``June 15'' are inserted to 
reflect the exact date of the change in National Guard status made by 
section 5 of the Act of June 15, 1933, ch. 87, 48 Stat. 155, which 
established the National Guard of the United States as a reserve 
component of the Army.
    In subsection (a)(1)(D), 10:1036e(c)(8) (last 25 words), 
10:1036e(c)(9) (last 22 words), 34:440m(c)(8) (last 25 words), and 
34:440m(c)(9) (last 22 words) are omitted as covered by subsection 
(b)(5).
    In subsection (a)(2)(A), the words ``service that conformed to 
required standards and qualifications'' are substituted for 10:1036e(b) 
and 34:440m(b). In clause (a)(2)(A), 10:1036e(d) and 34:440m(d), which 
make it clear that ``active Federal service'', in the sense in which 
that term is used in 10:1036a-e and 34:440i-m, includes annual training 
duty and attendance at service schools, are omitted as covered by 
sections 101(22) and 101(24) of this title.
    In subsection (a)(2)(A) and (B), specific reference is made to 
National Guard service to reflect the opinion of the Judge Advocate 
General of the Army (JAGA, 1956/1908, 13 Feb. 1956).
    In subsection (a)(2)(C), the words ``other than active Federal 
service'' are omitted, since the points for membership are not reduced 
by active duty (see opinion of the Judge Advocate General of the Army 
(JAGA, 1953/2016, 3 Mar. 1953)).
    In subsections (a) and (b), the words ``active service'' are 
substituted for the words ``active Federal service'' for uniformity of 
expression. In clause (5), the words ``transferred thereto after 
completion of 16 or more years of active naval service'' are omitted, 
since other authorized fleet reserve categories have not been used and 
authority for them is omitted from this revised title as unnecessary.
    Subsection (b)(1)-(4) is inserted because of 10:1036e(e) and (f) and 
34:440m(e) and (f), which state that the service enumerated in those 
clauses may not be considered in determining eligibility for retired pay 
under this chapter. Clause (5) is based on the exclusions in 
34:440m(c)(8)-(9).
    Subsection (b)(6) is inserted for clarity since 10:1036a and 34:440i 
were limited in applicability to service in the status of a 
``commissioned officer, warrant officer, flight officer, or enlisted 
person.''

                            1958 Act

    The word ``full-time'' is inserted for clarity. The other change 
reflects the opinion of the Judge Advocate General of the Army (JAGA 
1956/1908, Feb. 13, 1956) that duty performed under section 92 of the 
National Defense Act, the source statute for section 502 of title 32, 
was creditable in determining entitlement to retired pay under section 
302 of the Army and Air Force Vitalization and Retirement Equalization 
Act of 1948 (62 Stat. 1087), the source statute for section 1332 of 
title 10.

                       References in Text

    Act of December 22, 1942, referred to in subsec. (a)(1)(I), is act 
Dec. 22, 1942, ch. 805, 56 Stat. 1072, which amended section 164 of 
former Title 10, Army and Air Force, and enacted provisions set out as 
notes under section 81 of former Title 10 and section 113 of former 
Title 37, Pay and Allowances, and was repealed as executed, by section 
53 of act Aug. 10, 1956, ch. 1041 70A Stat. 641.
    Women's Medical Specialist Corps, referred to in subsec. 
(a)(1)(J)(ii), redesignated Army Medical Specialist Corps by Pub. L. 85-
155, Aug. 21, 1957, 71 Stat. 375. See section 3070 of this title. See, 
also, act Aug. 9, 1955, ch. 654, 69 Stat. 579.


                               Amendments

    1999--Subsec. (a)(2). Pub. L. 106-65 added subpar. (E) and 
substituted ``, (D), and (E)'' for ``, and (D)'' in concluding 
provisions.
    1996--Subsec. (a)(2). Pub. L. 104-201 added cl. (D) and substituted 
``(C), and (D)'' for ``and (C)'' in concluding provisions.
    1994--Pub. L. 103-337 renumbered section 1332 of this title as this 
section, substituted ``Entitlement to retired pay: computation of years 
of service'' for ``Computation of years of service in determining 
entitlement to retired pay'' as section catchline, and amended text 
generally, making changes in style, references to other sections and 
Acts, and the service in the Public Health Service and the National 
Oceanic and Atmospheric Administration that may be included in the 
computation of years of service in subsec. (a).
    1980--Subsec. (a)(4). Pub. L. 96-513 inserted provisions relating to 
applicability to service in National Oceanic and Atmospheric 
Administration and Environmental Science Services Administration.
    1974--Subsec. (b)(7). Pub. L. 93-545 inserted ``aviation 
midshipman,'' after ``flight officer,''.
    1964--Subsec. (a)(3), (4). Pub. L. 88-636 added cls. (3) and (4).
    1959--Subsec. (a). Pub. L. 86-197, Secs. (1), (2), redesignated cls. 
(D) to (F) as (E) to (G), and added cls. (D), (H), (I), and (J), and 
provisions requiring, for the purpose of cls. (A), (B), and (C), service 
in the National Guard to be treated as if it were service in a reserve 
component, if the person concerned was later appointed in the National 
Guard of the United States, the Army National Guard of the United 
States, the Air National Guard of the United States, or as a Reserve of 
the Army or the Air Force, and served continuously in the National Guard 
from the date of his Federal recognition to the date of that 
appointment.
    Subsec. (b)(6), (7). Pub. L. 86-197, Sec. 1(3), added par. (6), 
redesignated former par. (6) as (7), and prohibited the counting of 
service as a nurse, as an appointed aviation cadet, and that service 
described in cls. (I) and (J) of subsec. (a)(1) of this section.
    1958--Subsec. (a). Pub. L. 85-861 substituted ``full-time service 
under'' for ``service under'', and inserted reference to section 502 of 
this title in cl. (2)(A)(ii).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                    Effective Date of 1964 Amendment

    Section 2 of Pub. L. 88-636 provided that: ``The amendments made by 
this Act [amending this section] shall apply to any period before 
enactment of this Act [Oct. 8, 1964] during which the Commissioned Corps 
of the Public Health Service has had the status of a military service, 
and to any period before enactment of this Act during which commissioned 
personnel of the Coast and Geodetic Survey were transferred to the 
service and jurisdiction of a military department.''


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 33 
(g) of Pub. L. 85-861, set out as a note under section 101 of this 
title.


                            Savings Provision

    Section 3 of Pub. L. 86-197 provided that: ``This Act [amending this 
section and sections 3683, 3926, 6324, 8683 and 8926 of this title and 
enacting provisions set out as notes under sections 1431 and 3441 of 
this title] does not deprive any person of any service credit to which 
he was entitled on the day before the effective date of this Act [Aug. 
25, 1959].''


  Tracking System and Recommendations to Congress Relating to Award of 
                            Retirement Points

    Section 531(b), (c) of Pub. L. 104-201 provided that:
    ``(b) Tracking System for Award of Retirement Points.--To better 
enable the Secretary of Defense and Congress to assess the cost and the 
effect on readiness of the amendment made by subsection (a) [amending 
section 12733 of this title] and of other potential changes to the 
Reserve retirement system under chapter 1223 of title 10, United States 
Code, the Secretary of Defense shall require the Secretary of each 
military department to implement a system to monitor the award of 
retirement points for purposes of that chapter by categories in 
accordance with the recommendation set forth in the August 1988 report 
of the Sixth Quadrennial Review of Military Compensation.
    ``(c) Recommendations to Congress.--The Secretary shall submit to 
Congress, not later than one year after the date of the enactment of 
this Act [Sept. 23, 1996], the recommendations of the Secretary with 
regard to the adoption of the following Reserve retirement initiatives 
recommended in the August 1988 report of the Sixth Quadrennial Review of 
Military Compensation:
        ``(1) Elimination of membership points under subparagraph (C) of 
    section 12732(a)(2) of title 10, United States Code, in conjunction 
    with a decrease from 50 to 35 in the number of points required for a 
    satisfactory year under that section.
        ``(2) Limitation to 60 in any year on the number of points that 
    may be credited under subparagraph (B) of section 12732(a)(2) of 
    such title at two points per day.
        ``(3) Limitation to 360 in any year on the total number of 
    retirement points countable for purposes of section 12733 of such 
    title.''


  Coast Guard Women's Reserve; Constructive Service Credit: Retirement 
                        Benefits; Retroactive Pay

    Pub. L. 87-482, June 12, 1962, 76 Stat. 95, provided: ``That any 
person who was a member of the Coast Guard Women's Reserve and who 
served on active duty therein for at least one year prior to July 25, 
1947; who was separated therefrom under honorable conditions; and who 
also had membership therein for any period between November 1, 1949, and 
July 1, 1956, shall be deemed to have served on inactive duty with the 
Coast Guard Women's Reserve from July 25, 1947, to November 1, 1949, in 
the grade or rating satisfactorily held on active duty prior to July 25, 
1947.
    ``Sec. 2. Creditable constructive service for a person qualified 
under section 1 hereof shall be applied when providing retirement 
benefits under the Army and Air Force Vitalization and Retirement 
Equalization Act of 1948, as amended, or any other Act under which the 
individual may be entitled to retirement from the Armed Forces.
    ``Sec. 3. Additional pay accruing to any person by virtue of 
increased creditable service resulting from the inclusion of 
constructive service creditable by application of section 1 hereof shall 
not be made for active or inactive duty for which pay is authorized by 
competent authority which is performed prior to the first day of the 
calendar quarter next succeeding the calendar quarter in which this Act 
becomes effective.''


        Additional Clerical Service Creditable Under This Chapter

    Section 15 of Pub. L. 85-861 provided that:
    ``(a) Notwithstanding section 1332(b)(6) [now 12732(b)(7)] of title 
10, United States Code, a person is entitled to count his service as an 
Army field clerk or as a field clerk, Quartermaster Corps, as active 
service in determining his entitlement to retired pay under chapter 67 
[now 1223] of title 10, United States Code, and in computing his retired 
pay under that chapter.
    ``(b) notwithstanding section 1332(b)(6) [now 12732(b)(7)] of title 
10, United States Code, a warrant officer is entitled to count 
classified service as an Army headquarters clerk or as a clerk of the 
Army Quartermaster Corps that he performed under any law in effect 
before August 29, 1916, as active service in determining his entitlement 
to retired pay under chapter 67 [now 1223] of title 10, United States 
Code, and in computing his retired pay under that chapter.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1063, 1176, 1209, 1482, 
2126, 6389, 12308, 12503, 12642, 12646, 12731, 12731a, 12731b, 12733, 
14704 of this title; title 5 section 3329; title 32 section 115.
