United States Code

USC most recently checked for updates: Apr 05, 2020

§ 7326.
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 7311, 7318, or 7324 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
1
 See References in Text note below.
of this title; and
(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 7311, 7318, or 7324 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 7311, 7318, or 7324 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 7311 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, § 3926; Pub. L. 86–197, § 1(5), Aug. 25, 1959, 73 Stat. 426; Pub. L. 104–106, div. A, title V, § 561(d)(2)(B), Feb. 10, 1996, 110 Stat. 322; renumbered § 7326 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)
cite as: 10 USC 7326