
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: 10USC2126]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
   CHAPTER 105--ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE 
                                PROGRAMS
 
 SUBCHAPTER I--HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE 
                       PROGRAM FOR ACTIVE SERVICE
 
Sec. 2126. Members of the program: service credit

    (a) Service Not Creditable.--Except as provided in subsection (b), 
service performed while a member of the program shall not be counted--
        (1) in determining eligibility for retirement other than by 
    reason of a physical disability incurred while on active duty as a 
    member of the program; or
        (2) in computing years of service creditable under section 205 
    of title 37.

    (b) Service Creditable for Certain Purposes.--(1) The Secretary 
concerned may authorize service performed by a member of the program in 
pursuit of a course of study under this subchapter to be counted in 
accordance with this subsection if the member--
        (A) completes the course of study;
        (B) completes the active duty obligation imposed under section 
    2123(a) of this title; and
        (C) possesses a specialty designated by the Secretary concerned 
    as critically needed in wartime.

    (2) Service credited under paragraph (1) counts only for the award 
of retirement points for computation of years of service under section 
12732 of this title and for computation of retired pay under section 
12733 of this title.
    (3) The number of points credited to a member under paragraph (1) 
for a year of participation in a course of study is 50. The points shall 
be credited to the member for one of the years of that participation at 
the end of each year after the completion of the course of study that 
the member serves in the Selected Reserve and is credited under section 
12732(a)(2) of this title with at least 50 points. The points credited 
for the participation shall be recorded in the member's records as 
having been earned in the year of the participation in the course of 
study.
    (4) Service may not be counted under paragraph (1) for more than 
four years of participation in a course of study as a member of the 
program.
    (5) A member of the Selected Reserve may be considered to be in an 
active status while pursuing a course of study under this subchapter 
only for purposes of sections 12732(a) and 12733(3) of this title.
    (6) A member is not entitled to any retroactive award of, or 
increase in, pay or allowances under title 37 by reason of an award of 
service credit under paragraph (1).

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 718; amended 
Pub. L. 96-513, title V, Sec. 501(22), Dec. 12, 1980, 94 Stat. 2908; 
Pub. L. 104-201, div. A, title V, Sec. 543(a), Sept. 23, 1996, 110 Stat. 
2521; Pub. L. 106-65, div. A, title V, Sec. 544, Oct. 5, 1999, 113 Stat. 
608.)


                               Amendments

    1999--Subsec. (b)(2). Pub. L. 106-65, Sec. 544(1), added par. (2) 
and struck out former par. (2) which read as follows: ``Service credited 
under paragraph (1) counts only for the following purposes:
        ``(A) Award of retirement points for computation of years of 
    service under section 12732 of this title and for computation of 
    retired pay under section 12733 of this title.
        ``(B) Computation of years of service creditable under section 
    205 of title 37.''
    Subsec. (b)(3). Pub. L. 106-65, Sec. 544(1), added par. (3) and 
struck out former par. (3) which read as follows: ``For purposes of 
paragraph (2)(A), a member may be credited in accordance with paragraph 
(1) with not more than 50 points for each year of participation in a 
course of study that the member satisfactorily completes as a member of 
the program.''
    Subsec. (b)(5), (6). Pub. L. 106-65, Sec. 544(2), (3), added par. 
(5) and redesignated former par. (5) as (6).
    1996--Pub. L. 104-201 designated existing provisions as subsec. (a), 
inserted heading, substituted ``Except as provided in subsection (b), 
service performed'' for ``Service performed'', and added subsec. (b).
    1980--Cl. (2). Pub. L. 96-513 struck out ``, other than subsection 
(a)(7) and (8),'' after ``section 205''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2114, 12732 of this title.
