
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: 10USC972]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
          CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
 
Sec. 972. Members: effect of time lost

    (a) Enlisted Members Required To Make Up Time Lost.--An enlisted 
member of an armed force who--
        (1) deserts;
        (2) is absent from his organization, station, or duty for more 
    than one day without proper authority, as determined by competent 
    authority;
        (3) is confined by military or civilian authorities for more 
    than one day in connection with a trial, whether before, during, or 
    after the trial; or
        (4) is unable for more than one day, as determined by competent 
    authority, to perform his duties because of intemperate use of drugs 
    or alcoholic liquor, or because of disease or injury resulting from 
    his misconduct;

is liable, after his return to full duty, to serve for a period that, 
when added to the period that he served before his absence from duty, 
amounts to the term for which he was enlisted or inducted.
    (b) Officers Not Allowed Service Credit for Time Lost.--In the case 
of an officer of an armed force who after February 10, 1996--
        (1) deserts;
        (2) is absent from his organization, station, or duty for more 
    than one day without proper authority, as determined by competent 
    authority;
        (3) is confined by military or civilian authorities for more 
    than one day in connection with a trial, whether before, during, or 
    after the trial; or
        (4) is unable for more than one day, as determined by competent 
    authority, to perform his duties because of intemperate use of drugs 
    or alcoholic liquor, or because of disease or injury resulting from 
    his misconduct;

the period of such desertion, absence, confinement, or inability to 
perform duties may not be counted in computing, for any purpose other 
than basic pay under section 205 of title 37, the officer's length of 
service.

(Added Pub. L. 85-861, Sec. 1(20), Sept. 2, 1958, 72 Stat. 1443; amended 
Pub. L. 104-106, div. A, title V, Sec. 561(a)-(c)(1), Feb. 10, 1996, 110 
Stat. 321, 322; Pub. L. 105-85, div. A, title X, Sec. 1073(a)(14), Nov. 
18, 1997, 111 Stat. 1900.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
972...................................  10 App.:629a.                        Ju
ly 24, 1956, ch. 692, Sec.  1, 70
                                        34 App.:183b.                         S
tat. 631.
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---------------------------------

                               Amendments

    1997--Subsec. (b). Pub. L. 105-85 substituted ``February 10, 1996'' 
for ``the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 1996'' in introductory provisions.
    1996--Pub. L. 104-106, Sec. 561(c)(1), substituted ``Members: effect 
of time lost'' for ``Enlisted members: required to make up time lost'' 
as section catchline.
    Pub. L. 104-106, Sec. 561(a), designated existing provisions as 
subsec. (a), inserted heading, added par. (3), redesignated par. (5) as 
(4), struck out former pars. (3) and (4), and added subsec. (b). Prior 
to amendment, subsec. (a)(3) and (4) read as follows:
    ``(3) is confined for more than one day while awaiting trial and 
disposition of his case, and whose conviction has become final;
    ``(4) is confined for more than one day under a sentence that has 
become final; or''.


                    Effective Date of 1996 Amendment

    Section 561(e) of Pub. L. 104-106 provided that: ``The amendments 
made by this section [enacting section 6328 of this title and amending 
this section and sections 1405, 3925, 3926, 8925, and 8926 of this 
title] shall take effect on the date of the enactment of this Act [Feb. 
10, 1996] and shall apply to any period of time covered by section 972 
of title 10, United States Code, that occurs after that date.''

                  Section Referred to in Other Sections

    This section is referred to in sections 507, 1405, 3925, 3926, 6328, 
8925, 8926 of this title.
