
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12738]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
            CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
 
Sec. 12738. Limitations on revocation of retired pay

    (a) After a person is granted retired pay under this chapter, or is 
notified in accordance with section 12731(d) of this title that the 
person has completed the years of service required for eligibility for 
retired pay under this chapter, the person's eligibility for retired pay 
may not be denied or revoked on the basis of any error, miscalculation, 
misinformation, or administrative determination of years of service 
performed as required by section 12731(a)(2) of this title, unless it 
resulted directly from the fraud or misrepresentation of the person.
    (b) The number of years of creditable service upon which retired pay 
is computed may be adjusted to correct any error, miscalculation, 
misinformation, or administrative determination and when such a 
correction is made the person is entitled to retired pay in accordance 
with the number of years of creditable service, as corrected, from the 
date the person is granted retired pay.

(Added Pub. L. 89-652, Sec. 2(1), Oct. 14, 1966, 80 Stat. 902, 
Sec. 1406; renumbered Sec. 1338 and amended Pub. L. 99-348, title I, 
Sec. 104(a), July 1, 1986, 100 Stat. 686; renumbered Sec. 12738 and 
amended Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(1), Oct. 5, 
1994, 108 Stat. 2998, 3003.)


                               Amendments

    1994--Pub. L. 103-337 renumbered section 1338 of this title as this 
section and amended text generally, making changes in style and 
references to other sections.
    1986--Pub. L. 99-348 renumbered section 1406 of this title as this 
section, designated first sentence as subsec. (a) and substituted ``this 
chapter'' for ``chapter 67 of this title'' in two places, and designated 
second sentence as subsec. (b).


                    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.


  Entitlement to Retirement Pay After October 14, 1966; Conclusiveness

    Section 3 of Pub. L. 89-652 provided that: ``Notwithstanding section 
1406 [now 12738] of title 10, United States Code, as added by this Act--
        ``(1) the granting of retired pay to a person under chapter 67 
    [now 1223] of that title is conclusive as to that person's 
    entitlement to such pay only if the payment of that retired pay is 
    begun after the effective date of this Act [Oct. 14, 1966]; and
        ``(2) a notification that a person has completed the years of 
    service required for eligibility for retired pay under chapter 67 
    [now 1223] of that title is conclusive as to the person's subsequent 
    entitlement to such pay only if the notification is made after the 
    effective date of this Act.''
