
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: 10USC3926]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
              CHAPTER 367--RETIREMENT FOR LENGTH OF SERVICE
 
Sec. 3926. Computation of years of service: voluntary 
        retirement; regular and reserve commissioned officers
        
    (a) For the purpose of determining whether an officer of the Army 
may be retired under section 3911, 3918, or 3924 of this title, his 
years of service are computed by adding--
        (1) all active service performed as a member of the Army or the 
    Air Force;
        (2) all service in the Navy or Marine Corps that may be included 
    in determining the eligibility of an officer of the Navy or Marine 
    Corps for retirement;
        (3) all service computed under section 3683 \1\ of this title; 
    and
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    \1\ See References in Text note below.
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        (4) if an officer of the Regular Army, all active service 
    performed as an officer of the Philippine Constabulary.

    (b) For the purpose of determining whether a commissioned officer of 
the Regular Army in the Medical Corps may be retired under section 3911, 
3918, or 3924 of this title, his years of service are computed by adding 
to his service under subsection (a) all service performed as a contract 
surgeon, acting assistant surgeon, or contract physician, under a 
contract to serve full time and to take and change station as ordered.
    (c) For the purpose of determining whether a commissioned officer of 
the Regular Army in the Dental Corps may be retired under section 3911, 
3918, or 3924 of this title, his years of service are computed by adding 
to his service under subsection (a) all service as a contract dental 
surgeon or acting dental surgeon.
    (d) For the purpose of determining whether a commissioned officer of 
the Army Nurse Corps or the Army Medical Specialist Corps may be retired 
under section 3911 of this title, all service computed under section 
3683 \1\ of this title shall be treated as if it were service as a 
commissioned officer.
    (e) 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 228; Pub. L. 86-197, Sec. 1(5), Aug. 
25, 1959, 73 Stat. 426; Pub. L. 104-106, div. A, title V, 
Sec. 561(d)(2)(B), Feb. 10, 1996, 110 Stat. 322.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3926(a)...............................  10:951 (less applicability to        Ju
ne 3, 1916, ch. 134, Sec.  127a
                                         10:166g(a)).                         (
6th par., less 1st 13 words, and
                                        10:951a.                              l
ess applicability to Sec.  108(a)
                                        10:951b (less applicability to        o
f the Act of Apr. 16, 1949, ch.
                                         10:166g(a)).                         3
8, as amended); added June 4,
                                        [Uncodified: June 18, 1878, ch.       1
920, ch. 227, subch. I, Sec.  51
                                         263, Sec.  7 (less applicability     (
6th par., less 1st 13 words, and
                                         to 10:166g(a)), 20 Stat. 150].       l
ess applicability to Sec.  108(a)
                                        10:953a (1st sentence).               o
f the Act of Apr. 16, 1949, ch.
                                        10:953a (less 1st sentence).          3
8, as amended), 41 Stat. 785.
3926(b)...............................
3926(c)...............................
                                        ...................................  Ma
y 23, 1928, ch. 716, 45 Stat.
                                                                              7
20.
                                        ...................................  Ju
ne 15, 1935, ch. 257 (less
                                                                              a
pplicability to Sec.  108(a) of
                                                                              t
he Act of Apr. 16, 1949, ch. 38,
                                                                              a
s amended), 49 Stat. 377.
                                        ...................................  Ju
ne 18, 1878, ch. 263, Sec.  7
                                                                              (
less applicability to Sec.
                                                                              1
08(a) of the Act of Apr. 16,
                                                                              1
949, ch. 38, as amended), 20
                                                                              S
tat. 150.
                                        ...................................  Ma
y 29, 1928, ch. 902, 45 Stat.
                                                                              9
96; Jan. 29, 1938, ch. 12, Sec.
                                                                              2
, 52 Stat. 8.
-------------------------------------------------------------------------------
---------------------------------

    Subsection (a) consolidates the various service computation 
provisions applicable to voluntary retirement of commissioned officers. 
Clause (1) is substituted for 10:951. Clause (2) is substituted for 
10:951b. The words ``pay period and'', in 10:951a, are omitted as 
superseded by section 202 of the Career Compensation Act of 1949, 63 
Stat. 807 (37 U.S.C. 233). The words ``longevity pay and'', in section 7 
of the act of June 18, 1878, ch. 263, 20 Stat. 150, are omitted for the 
same reason. The last sentence of section 7 of that act is omitted, 
since the distinction between limited and unlimited retired lists was 
abolished by section 201 of the act of June 29, 1948, ch. 708, 62 Stat. 
1084. Clause (3) is inserted, since a person entitled to count service 
under section 3683 of this title might cease to be a nurse or woman 
medical specialist and thereafter become entitled to retire under one of 
the revised sections referred to in subsection (a) of this revised 
section.
    In subsection (b), the words ``as a member of the Medical Reserve 
Corps'', in 10:953a, are omitted as covered by subsection (a)(1). The 
words ``are computed by adding to his service under subsection (a)'' are 
substituted for the words ``shall be credited to the same extent as 
service under a Regular Army commission''.
    Subsection (c) is substituted for 10:953a (less 1st sentence).

                       References in Text

    Section 3683 of this title, referred to in subsecs. (a)(3) and (d), 
was repealed (subject to a savings clause) by Pub. L. 99-145, title 
XIII, Sec. 1301(b)(1)(A), (C), Nov. 8, 1985, 99 Stat. 735.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-106 added subsec. (e).
    1959--Subsec. (d). Pub. L. 86-197 added subsec. (d).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3911, 3918, 3924 of this 
title.
