10 U.S.C. § 1208 (ARMED FORCES)
§ 1208. Computation of service
(a) For the purposes of this chapter, a member of a regular component shall be credited with the service described in paragraph (1) or that described in paragraph (2), whichever is greater:
(1) The service that he is considered to have for the purpose of separation, discharge, or retirement for length of service.
(2) The sum of—
(A) his active service as a member of the armed forces, a nurse, a reserve nurse, a contract surgeon, a contract dental surgeon, or an acting dental surgeon;
(B) his active service as a member of the National Oceanic and Atmospheric Administration or the Public Health Service; and
(C) his service while participating in exercises or performing duties under sections 502, 503, 504, and 505 of title 32.
For the purpose of paragraph (2), active service as a member of the National Oceanic and Atmospheric Administration includes active service as a member of the Environmental Science Services Administration and of the Coast and Geodetic Survey.
(b) A member of the armed forces who is not a member of a regular component shall be credited, for the purposes of this chapter, with the number of years of service that he would count if he were computing his years of service under section 12733 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 89–718, § 8, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, §§ 501(16), 511(42), Dec. 12, 1980, 94 Stat. 2908, 2923; Pub. L. 99–661, div. A, title XIII, § 1343(a)(6), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–26, § 7(j)(3), Apr. 21, 1987, 101 Stat. 283; Pub. L. 104–106, div. A, title XV, § 1501(c)(13), Feb. 10, 1996, 110 Stat. 499.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1208(a)
37:282 (less clauses (2) and (3), less applicability to persons referred to in 37:281, and less applicability to service as a cadet before August 24, 1912, as a midshipman before March 4, 1913, as an Army field clerk, or as a field clerk, Army Quartermaster Corps).
Oct. 12, 1949, ch. 681, § 412 (less clause (3), less applicability to persons referred to in § 411, and less applicability to service as a cadet before August 24, 1912, as a midshipman before March 4, 1913, as an Army field clerk, or as a field clerk, Army Quartermaster Corps), 63 Stat. 824.
1208(b)
37:282 (clause (2), less applicability to persons referred to in 37:281, and less applicability to service as a cadet before August 24, 1912, as a midshipman before March 4, 1913, as an Army field clerk, or as a field clerk, Army Quartermaster Corps).
In subsection (a), the words “shall be credited with the service described in clause (1) or that described in clause (2), whichever is greater” are substituted for the words “shall be interpreted to mean”.
In subsection (a)(1), the words “he is considered to have” are substituted for the words “such member, former member, or person has or is deemed to have pursuant to law”.
In subsection (a)(2)(A), the words “his active service” are substituted for the words “while on the active list or on active duty or while participating in full-time training or other full-time duty provided for or authorized in the National Defense Act, as amended, the Naval Reserve Act of 1938, as amended, or in—other provisions of law” because of the definitions of “active service” and “active duty” in sections 101(24) and 101(22) of this title.
In subsection (a)(2)(C), the references to 10:22–23, 24–26, and 30–36 are omitted as repealed by section 401 of the Army Organization Act of 1950, 64 Stat. 271. The reference to 32:70 is omitted as repealed by section 16 of the act of June 15, 1933, ch. 87, 48 Stat. 159. The reference to 10:23a is omitted as executed. The references to 10:38 and 32:66 and 172–175 are omitted as covered by the words “active service”. The references to 32:144–147, 171, and 176 are omitted, since they deal with pay and do not authorize duty or training. The reference to section 502 of title 32, not contained in 37:282, is inserted, since section 92 of the National Defense Act, as amended (32:62) is referred to in section 412 of the Career Compensation Act of 1949 (37:282).
In subsection (b), the words “any other member” are substituted for the words “members of the reserve components”, since the words “reserve components” are defined by section 102(k) of the Career Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 231(k)) to include members appointed, enlisted, or inducted without component.
heading: Editorial Notes
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–106 substituted “section 12733” for “section 1333”.
1987—Subsec. (a). Pub. L. 100–26 substituted “paragraph (1)” and “paragraph (2)” for “clause (1)” and “clause (2)”, respectively, in introductory provisions, and “paragraph (2)” for “clause 2(B) of this subsection” in second sentence.
1986—Subsec. (a)(2)(A). Pub. L. 99–661 struck out “after February 2, 1901” after “a reserve nurse”.
1980—Subsec. (a). Pub. L. 96–513 substituted “separation, discharge, or retirement for length of service” for “separation or mandatory elimination from the active list” in par. (1), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration” in par. (2)(B), and, in provisions following par. (2)(C), substituted “as a member of the National Oceanic and Atmospheric Administration includes active service as a member of the Environmental Science Services Administration and” for “as a member of the Environmental Science Services Administration includes service as a member”.
1966—Subsec. (a). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in clause (2)(B) and inserted provision that, for purposes of clause (2)(B) of subsec. (a), active service as a member of the Environmental Science Services Administration includes active service as a member of the Coast and Geodetic Survey.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.
heading: Effective Date of 1980 Amendment
text: Amendment by section 501(16) of Pub. L. 96–513 effective Sept. 15, 1981, and amendment by section 511(42) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
heading: Repeals
text: The directory language of, but not the amendment made by, Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, § 6(b), Oct. 12, 1982, 96 Stat. 1314.
heading: Additional Service Creditable to Certain Regulars
text: Act Aug. 10, 1956, ch. 1041, § 39, 70A Stat. 635, provided that:
“In addition to service with which he may be credited under section 1208(a)(2) of title 10, United States Code [subsec. (a)(2) of this section], a member of a regular component of the armed forces shall be credited, for the purposes of chapter 61 of title 10, United States Code [this chapter], with all service as—
“(1) a cadet at the United States Military Academy, if appointed before August 24, 1912;
“(2) a midshipman at the United States Naval Academy, if appointed before March 4, 1913;
“(3) an Army field clerk; and
“(4) a field clerk, Army Quartermaster Corps.”
heading: Officers of the Public Health Service
text: Applicability of subsec. (a)(2) of this section to officers of the Reserve Corps and to officers of the Regular Corps of the Public Health Service, see section 212 of Title 42, The Public Health and Welfare.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of Public Health Service, see note set out under section 802 of this title.