
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(c)(7)]
[CITE: 10USC1405]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                 CHAPTER 71--COMPUTATION OF RETIRED PAY
 
Sec. 1405. Years of service

    (a) In General.--For the purposes of the computation of the years of 
service of a member of the armed forces under a provision of this title 
providing for such computation to be made under this section, the years 
of service of the member are computed by adding--
        (1) his years of active service;
        (2) the years of service, not included in clause (1), with which 
    he was entitled to be credited on May 31, 1958, in computing his 
    basic pay; and
        (3) the years of service, not included in clause (1) or (2), 
    with which he would be entitled to be credited under section 12733 
    of this title if he were entitled to retired pay under section 12731 
    of this title.

    (b) Fractional Years of Service.--In determining a member's years of 
service under subsection (a)--
        (1) each full month of service that is in addition to the number 
    of full years of service creditable to the member shall be credited 
    as \1/12\ of a year; and
        (2) any remaining fractional part of a month shall be 
    disregarded.

    (c) Exclusion of Time Required To Be Made Up or Excluded.--(1) Time 
required to be made up by an enlisted member of the Army or Air Force 
under section 972(a) of this title, or required to be made up by an 
enlisted member of the Navy, Marine Corps, or Coast Guard under that 
section with respect to a period of time after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 1995, may not 
be counted in determining years of service under subsection (a).
    (2) 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.

(Added Pub. L. 85-422, Sec. 11(a)(1)(A), May 20, 1958, 72 Stat. 130; 
amended Pub. L. 85-861, Sec. 1(31A), Sept. 2, 1958, 72 Stat. 1451; Pub. 
L. 87-649, Sec. 6(f)(4), Sept. 7, 1962, 76 Stat. 494; Pub. L. 87-651, 
title I, Sec. 109, Sept. 7, 1962, 76 Stat. 509; Pub. L. 90-130, 
Sec. 1(7), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96-513, title I, 
Sec. 113(b), Dec. 12, 1980, 94 Stat. 2877; Pub. L. 97-295, Sec. 1(17), 
Oct. 12, 1982, 96 Stat. 1290; Pub. L. 99-348, title I, Sec. 106, July 1, 
1986, 100 Stat. 691; Pub. L. 103-337, div. A, title VI, Sec. 635(d), 
title XVI, Sec. 1662(j)(3), Oct. 5, 1994, 108 Stat. 2789, 3004; Pub. L. 
104-106, div. A, title V, Sec. 561(d)(1), Feb. 10, 1996, 110 Stat. 322; 
Pub. L. 104-201, div. A, title X, Sec. 1074(b)(1), Sept. 23, 1996, 110 
Stat. 2660.)

                                          Historical and Revision Notes
                                                    1958 Act
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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1405..................................  [No source].                         [N
o source].
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    The amendment reflects section 11 of the Act of May 20, 1958, Pub. 
L. 85-422 (72 Stat. 130).

                            1962 Act

    The change corrects a typographical error.

                            1982 Act

    This amends 10:1405 to correct an inadvertent error in the 
codification of title 10 in 1956 relating to retirement pay of warrant 
officers advanced on the retired list. Under provisions of law first 
enacted in 1948 through the codification of title 10 in 1956 and until 
1965, warrant officers advanced on the retired list received credit for 
inactive service in the computation of retirement pay. The Comptroller 
General in 1965 (B-156576) held in effect that computation of such 
retirement pay was governed by the wording of new title 10 that based 
the computation on years of active service only even though this had the 
result of making a substantive change. The Armed Services Committee of 
the House of Representatives concurs that an error was made in the 
codification of title 10 and has indicated that corrective legislative 
action is properly a responsibility of the House Judiciary Committee. 
See, also, the amendments to 10:3992 and 8992 made by sections 1(40) and 
1(52), respectively.

                       References in Text

    The date of the enactment of the National Defense Authorization Act 
for Fiscal Year 1995, referred to in subsec. (c)(1), is the date of 
enactment of Pub. L. 103-337, which was approved Oct. 5, 1994.


                               Amendments

    1996--Subsec. (c). Pub. L. 104-106, as amended by Pub. L. 104-201, 
substituted ``Made Up or Excluded'' for ``Made Up'' in heading, 
designated existing provisions as par. (1), substituted ``section 972(a) 
of this title, or required to be made up by an enlisted member of the 
Navy, Marine Corps, or Coast Guard under that section with respect to a 
period of time after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 1995,'' for ``section 972 of this 
title'', and added par. (2).
    1994--Subsec. (a)(3). Pub. L. 103-337, Sec. 1662(j)(3), substituted 
``12733'' for ``1333'' and ``12731'' for ``1331''.
    Subsec. (c). Pub. L. 103-337, Sec. 635(d), added subsec. (c).
    1986--Pub. L. 99-348 designated existing provision as subsec. (a), 
inserted heading, and in provision preceding par. (1) substituted ``the 
computation of the years of service of a member of the armed forces 
under a provision of this title providing for such computation to be 
made under this section, the years of service of the member'' for 
``section 1401 (formulas 4 and 5), 3991 (formula A), 3992 (formula B), 
6151(b), 6323(e), 6325(a)(2) and (b)(2), 6383(c)(2), 8991 (formula A), 
or 8992 (formula B) of this title, the years of service of a member of 
the armed forces'', and added subsec. (b).
    1982--Pub. L. 97-295, Sec. 1(17), substituted ``3991 (formula A), 
3992 (formula B)'' for ``3991 (formula B)'', struck out ``or'' first 
time appearing, and substituted ``8991 (formula A), or 8992 (formula 
B)'' for ``8991 (formula B)''.
    1980--Pub. L. 96-513 struck out provisions that permitted the 
crediting of certain periods of constructive service in computing the 
retired pay of medical and dental officers and provided that members 
would compute their years of service for retirement pay by adding (1) 
years of active service, (2) years of service not otherwise counted with 
which the member was entitled to be credited on May 31, 1958, and (3) 
years of service not otherwise counted with which he would be credited 
under section 1333 if he were entitled to retired pay under section 
1331.
    1967--Pub. L. 90-130 struck out references to section 6399(c)(2) of 
this title.
    1962--Pub. L. 87-651 struck out references to sections 6391(h) and 
6394(g)(2) of this title and inserted a reference to section 6394(h) of 
this title.
    Pub. L. 87-649 substituted ``section 205(a)(7) and (8) of title 37'' 
for ``section 233(a)(7) of title 37'' in cl. (2).
    1958--Pub. L. 85-861 inserted references to sections 6323(e) and 
6391(h) 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

    Section 635(e) of Pub. L. 103-337 provided that: ``This section 
[amending this section and sections 3925, 3991, 3992, 6333, 8925, 8991, 
and 8992 of this title] shall apply to--
        ``(1) the computation of the retired pay of any enlisted member 
    who retires on or after the date of the enactment of this Act [Oct. 
    5, 1994];
        ``(2) the computation of the retainer pay of any enlisted member 
    who is transferred to the Fleet Reserve or the Fleet Marine Corps 
    Reserve on or after the date of the enactment of this Act; and
        ``(3) the recomputation of the retired pay of any enlisted 
    member who is advanced on the retired list on or after the date of 
    the enactment of this Act.''
    Amendment by section 1662(j)(3) of 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 Sept. 15, 1981, but the 
authority to prescribe regulations under the amendment by Pub. L. 96-513 
effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out 
as a note under section 101 of this title.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 
of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, 
Pay and Allowances of the Uniformed Services.


                             Effective Date

    Section effective June 1, 1958, see section 9 of Pub. L. 85-422.


  Transition Provisions Under Defense Officer Personnel Management Act

    For provisions to prevent extinction or premature termination of 
rights, duties, penalties, or proceedings that existed or were begun 
prior to the effective date of Pub. L. 96-513 and otherwise to allow for 
an orderly transition to the system of officer personnel management put 
in place under Pub. L. 96-513, see section 601 et seq. of Pub. L. 96-
513, set out as a note under section 611 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1175, 1401, 3991, 3992, 
6151, 6333, 6334 of this title; title 14 section 423; title 33 section 
853o; title 37 section 322.
