§ 972. Members: effect of time lost

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. 1958

   Pub. L. 85–861 § 1(20) · 72 Stat. 1437

   Enacted · 10 U.S.C. § 972

   Added Pub. L. 85–861, § 1(20), Sept. 2, 1958, 72 Stat. 1443

   Source evidence

   Code source credit
   Added Pub. L. 85–861, § 1(20), Sept. 2, 1958, 72 Stat. 1443

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

2. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 561(c)(1) · 110 Stat. 186

   Substituted · 10 U.S.C. § 972

   Pub. L. 104–106, § 561(c)(1), substituted “Members: effect of time lost” for “Enlisted members: required to make up time lost” as section catchline

   Source evidence

   Code amendment note
   Pub. L. 104–106, § 561(c)(1), substituted “Members: effect of time lost” for “Enlisted members: required to make up time lost” as section catchline.

   Enacted provision · exact public law section
   (1) The heading of such section is amended to read as follows: 972. Members: effect of time lost

   Effective date note
   Pub. L. 104–106, div. A, title V, § 561(e), Feb. 10, 1996, 110 Stat. 323, 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.”

3. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 561(a) · 110 Stat. 186

   1. Amended · 10 U.S.C. § 972

      Pub. L. 104–106, § 561(a), designated existing provisions as subsec. (a)

   2. Inserted · 10 U.S.C. § 972

      Pub. L. 104–106, § 561(a), inserted heading

   3. Added · 10 U.S.C. § 972

      Pub. L. 104–106, § 561(a), added par. (3)

   4. Redesignated · 10 U.S.C. § 972

      Pub. L. 104–106, § 561(a), redesignated par. (5) as (4)

   5. Struck · 10 U.S.C. § 972

      Pub. L. 104–106, § 561(a), struck out former pars. (3) and (4)

   6. Added · 10 U.S.C. § 972

      Pub. L. 104–106, § 561(a), added subsec. (b). Prior to amendment, subsec. (a)(3) and (4) read as follows:

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–106, § 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”.

   Enacted provision · exact public law section
   (a) Enlisted Service Credit.— Section 972 of title 10, United States Code, is amended— (1) by inserting “(a) Enlisted Members Required To Make Up Time Lost.—” before “An enlisted member”; (2) by striking out paragraphs (3) and (4) and inserting in lieu thereof the following: “(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”; and (3) by redesignating paragraph (5) as paragraph (4).

   Effective date note
   Pub. L. 104–106, div. A, title V, § 561(e), Feb. 10, 1996, 110 Stat. 323, 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.”

4. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title X § 1073(a)(14) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 972(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (14) Section 972(b) is amended by striking out “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996” in the matter preceding paragraph (1) and inserting in lieu thereof “February 10, 1996”.

5. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title V § 572 · 118 Stat. 1811

   Added · 10 U.S.C. § 972(c)

   Pub. L. 108–375 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–375 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 572. WAIVER OF RECOUPMENT OF TIME LOST FOR CONFINEMENT IN CONNECTION WITH A TRIAL.   Section 972 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) Waiver of Recoupment of Time Lost for Confinement.— The Secretary concerned shall waive liability for a period of confinement in connection with a trial under subsection (a)(3), or exclusion of a period of confinement in connection with a trial under subsection (b)(3), in a case upon the occurrence of any of the following events: “(1) For each charge— “(A) the charge is dismissed before or during trial in a final disposition of the charge; or “(B) the trial results in an acquittal of the charge. “(2) For each charge resulting in a conviction in such trial— “(A) the conviction is set aside in a final disposition of such charge, other than in a grant of clemency; or “(B) a judgment of acquittal or a dismissal is entered upon a reversal of the conviction on appeal.” .

10 of 10 references resolved to an enrolled provision