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Title 10 — Armed Forces

Part II · Chapter 841 — Voluntary Retirement

§ 8328. Computation of years of service: voluntary retirement

Statutory text

(a)

Enlisted Members.—

Time required to be made up under section 972(a) of this title after , may not be counted in computing years of service under this chapter.

(b)

Officers.—

Section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this chapter any time identified with respect to that officer under that section.

(c)

Time Spent in Seaman to Admiral Program.—

The months of active service in pursuit of a baccalaureate-level degree under the Seaman to Admiral (STA–21) program of the Navy of officer candidates selected for the program on or after , shall be excluded in computing the years of service of an officer who was appointed to the grade of ensign in the Navy upon completion of the program to determine the eligibility of the officer for retirement, unless the officer becomes subject to involuntary separation or retirement due to physical disability. Such active service shall be counted in computing the years of active service of the officer for all other purposes.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title V § 561(d)(3)(A) · 110 Stat. 186

    Enacted · 10 U.S.C. § 8328

    Added Pub. L. 104–106, div. A, title V, § 561(d)(3)(A), Feb. 10, 1996, 110 Stat. 322, § 6328

    Source evidence

    Code source credit
    Added Pub. L. 104–106, div. A, title V, § 561(d)(3)(A), Feb. 10, 1996, 110 Stat. 322, § 6328

    Enacted provision · exact public law section
    (A) Chapter 571 of such title is amended by inserting after section 6327 the following new section: “6328. Computation of years of service: voluntary retirement.”. “(a) Enlisted Members.— Time required to be made up under section 972(a) of this title after the date of the enactment of this section may not be counted in computing years of service under this chapter. “(b) Officers.— Section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this chapter any time identified with respect to that officer under that section.”.

  2. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title X § 1048(c)(13) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 8328(a)

    Pub. L. 107–107 substituted “February 10, 1996,” for “the date of the enactment of this section”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–107 substituted “February 10, 1996,” for “the date of the enactment of this section”.

    Enacted provision · exact public law section
    (13) Section 6328(a) is amended by striking “the date of the enactment of this section” and inserting “February 10, 1996,”.

  3. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 div. A title V § 505 · 123 Stat. 2190

    Added · 10 U.S.C. § 8328(c)

    Pub. L. 111–84 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–84 added subsec. (c).

    Enacted provision · exact public law section
    SEC. 505. COMPUTATION OF RETIREMENT ELIGIBILITY FOR ENLISTED MEMBERS OF THE NAVY WHO COMPLETE THE SEAMAN TO ADMIRAL (STA–21) OFFICER CANDIDATE PROGRAM.   Section 6328 of title 10, United States Code, is amended by adding the following new subsection: “(c) Time Spent in Seaman to Admiral Program.— The months of active service in pursuit of a baccalaureate-level degree under the Seaman to Admiral (STA–21) program of the Navy of officer candidates selected for the program on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 shall be excluded in computing the years of service of an officer who was appointed to the grade of ensign in the Navy upon completion of the program to determine the eligibility of the officer for retirement, unless the officer becomes subject to involuntary separation or retirement due to physical disability. Such active service shall be counted in computing the years of active service of the officer for all other purposes.” .

  4. Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title X § 1071(e)(5) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 8328(c)

    Pub. L. 113–291 substituted “on or after October 28, 2009,” for “on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–291 substituted “on or after October 28, 2009,” for “on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010”.

    Enacted provision · exact public law section
    (5) Section 6328(c) is amended by striking “on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010” and inserting “on or after October 28, 2009,”.

  5. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 807(b)(15) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8328

    Pub. L. 115–232 renumbered section 6328 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 6328 of this title as this section.

    Enacted provision · exact public law section
    (15) Chapter 571.— Each section in chapter 571 10 USC 8321–8336. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,000.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments2001–2018 · 4 rounds

2018

Pub. L. 115–232 renumbered section 6328 of this title as this section.

2014

Subsec. (c). Pub. L. 113–291 substituted “on or after ,” for “on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010”.

2009

Subsec. (c). Pub. L. 111–84 added subsec. (c).

2001

Subsec. (a). Pub. L. 107–107 substituted “,” for “the date of the enactment of this section”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date

Section effective , 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 an Effective Date of 1996 Amendment note under section 972 of this title.

Credits

1996–2018 · 5 acts
  1. 1996Added Pub. L. 104–106, div. A, title V, § 561(d)(3)(A), , 110 Stat. 322, § 6328
  2. 2001amended Pub. L. 107–107, div. A, title X, § 1048(c)(13), , 115 Stat. 1226
  3. 2009Pub. L. 111–84, div. A, title V, § 505, , 123 Stat. 2277
  4. 2014Pub. L. 113–291, div. A, title X, § 1071(e)(5), , 128 Stat. 3510
  5. 2018renumbered § 8328, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), , 132 Stat. 1836.
Show as published

(Added Pub. L. 104–106, div. A, title V, § 561(d)(3)(A), , 110 Stat. 322, § 6328; amended Pub. L. 107–107, div. A, title X, § 1048(c)(13), , 115 Stat. 1226; Pub. L. 111–84, div. A, title V, § 505, , 123 Stat. 2277; Pub. L. 113–291, div. A, title X, § 1071(e)(5), , 128 Stat. 3510; renumbered § 8328, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), , 132 Stat. 1836.)

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