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119th Congress

Title 37 — Pay and Allowances of the Uniformed Services

Chapter 3 — Basic Pay

§ 205. Computation: service creditable

Statutory text

(a)

Subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding—

(1)

all periods of active service as an officer, Army field clerk, flight officer, aviation midshipman, or enlisted member of a uniformed service;

(2)

all periods during which he was enlisted or held an appointment as an officer, Army field clerk, or flight officer of—

(A)

a regular component of a uniformed service;

(B)

a reserve component of a uniformed service;

(C)

the Space Force;

(D)

the Regular Army Reserve;

(E)

the National Guard;

(F)

the National Guard Reserve;

(G)

the Naval Militia;

(H)

the National Naval Volunteers;

(I)

the Navy Reserve Force;

(J)

the Army without specification of component;

(K)

the Air Force without specification of component;

(L)

the Marine Corps Reserve Force;

(M)

the Philippine Scouts; or

(N)

the Philippine Constabulary;

(3)

for a commissioned officer in service on , all service that was then counted in computing longevity pay and all service as a contract surgeon serving full time;

(4)

all periods during which he held an appointment as a nurse, reserve nurse, or commissioned officer in the Army Nurse Corps as it existed at any time before , the Navy Nurse Corps as it existed at any time before , or the Public Health Service, or a reserve component of any of them;

(5)

all periods during which he was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration;

(6)

all periods that, under law in effect on , were authorized to be credited in computing basic pay; and

(7)

all periods while—

(A)

on a temporary disability retired list, honorary retired list, or a retired list of a uniformed service;

(B)

entitled to retired pay, retirement pay, or retainer pay, from a uniformed service or the Department of Veterans Affairs, as a member of the Fleet Reserve or the Fleet Marine Corps Reserve; or

(C)

a member of the Honorary Reserve of the Officers’ Reserve Corps or the Organized Reserve Corps.

Except for any period of active service described in clause (1) and except as provided by subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a of title 10, a period of service described in clauses (2) through (7) that is performed while on a retired list, in a retired status, or in the Fleet Reserve or Fleet Marine Corps Reserve, may not be included to increase retired pay, retirement pay, or retainer pay. For the purpose of clause (5), periods during which a member was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration includes periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration or the Coast and Geodetic Survey.

(b)

A period of time may not be counted more than once under subsection (a).

(c)

The periods of service authorized to be counted under subsection (a) shall, under regulations prescribed by the Secretary concerned, include service performed by a member of a uniformed service before he became 18 years of age.

(d)

Notwithstanding subsection (a), a commissioned officer may not count in computing basic pay a period of service after , that the officer performed concurrently as a member of the Senior Reserve Officers’ Training Corps, except for service that the officer performed on or after , other than for training as an enlisted member of the Selected Reserve may be so counted.

(e)
(1)

Notwithstanding subsection (a), a period of service described in paragraph (2) of a member who enlists in a reserve component may not be counted under this section.

(2)

Paragraph (1) applies to the following service:

(A)

Service performed while a member of a reserve component under an enlistment under section 12103(b) or 12103(d) of title 10 before the member begins service on active duty under such section (including a period of active duty for training) unless the member performs inactive-duty training before beginning service on active duty or active duty for training;

(B)

Service performed while a member of a reserve component under an enlistment under section 513 of title 10 (other than a period of active duty to which the member is ordered under chapter 1209 of title 10 or another provision of law).

(f)

Notwithstanding subsection (a), the periods of service of a commissioned officer appointed under section 12203 of title 10 after receiving financial assistance under section 16401 of such title that are counted under this section may not include a period of service after , that the officer performed concurrently as an enlisted member of the Marine Corps Platoon Leaders Class program and the Marine Corps Reserve, except that service after that date that the officer performed before commissioning (concurrently with the period of service as a member of the Marine Corps Platoon Leaders Class program) as an enlisted member on active duty or as a member of the Selected Reserve may be so counted.

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. Pub. L. 87–649 · 76 Stat. 451

    Enacted · 37 U.S.C. § 205

    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 458

    Source evidence

    Code source credit
    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 458

  2. Reserve Officers’ Training Corps Vitalization Act of 1964

    Pub. L. 88–647 title II § 202(1) · 78 Stat. 1063

    Added · 37 U.S.C. § 205(e)

    Pub. L. 88–647 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 88–647 added subsec. (e).

    Enacted provision · exact public law section
    (1) Section 205 is amended by adding the following new subsection at the end thereof: “(e) Notwithstanding subsection (a), a commissioned officer may not count in computing his basic pay any period of service after the enactment of this subsection that he performed concurrently as a member of a uniformed service and as a member of the Senior Reserve Officers’ Training Corps.”

  3. Pub. L. 89–718 § 49(a)(1) · 80 Stat. 1113

    1. Substituted · 37 U.S.C. § 205(a)

      Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in cl. (5)

    2. Inserted · 37 U.S.C. § 205(a)

      Pub. L. 89–718 inserted provision that, for the purpose of cl. (5), periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration includes periods during which a member was a deck officer or junior engineer in the Coast and Geodetic Survey

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in cl. (5) and inserted provision that, for the purpose of cl. (5), periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration includes periods during which a member was a deck officer or junior engineer in the Coast and Geodetic Survey.

    Enacted provision · exact public law section
    (1) Sections 101(3) and (5)(E) 201 (third column of table), 76 Stat. 451. 205(a)(5), 403(e), 501 (b) and (e), 502(a), 503, 706 (catchline and text), 801(c), and 1001 (b) are each amended by striking out “Coast and Geodetic Survey” and inserting in place thereof “Environmental Science Services Administration”.

  4. Pub. L. 90–623 § 3(3) · 82 Stat. 1312

    Substituted · 37 U.S.C. § 205(e)

    Pub. L. 90–623 substituted “October 13, 1964,” for “the enactment of this subsection”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 90–623 substituted “October 13, 1964,” for “the enactment of this subsection”.

    Enacted provision · exact public law section
    (3) In section 205(e) strike out “the enactment of this subsection” and insert in place thereof “October 13, 1964,”;

  5. Pub. L. 93–545 § 2 · 88 Stat. 1741

    Inserted · 37 U.S.C. § 205(a)(1)

    Pub. L. 93–545 inserted “aviation midshipman,” after “flight officer,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 93–545 inserted “aviation midshipman,” after “flight officer,”.

    Enacted provision · exact public law section
    Sec. 2. Section 205(a) (1) of title 37, United States Code, is amended by inserting “aviation midshipman,” immediately after “flight officer,”.

  6. Department of Defense Authorization Act, 1981

    Pub. L. 96–342 title VIII § 813(b)(3)(D) · 94 Stat. 1077

    Inserted · 37 U.S.C. § 205(a)

    Pub. L. 96–342 inserted reference to section 1402a(a)–(d) of title 10

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–342 inserted reference to section 1402a(a)–(d) of title 10.

    Enacted provision · exact public law section
    (D) The second sentence of section 205(a) of title 37, United States Code, is amended by inserting “and section 1402a(a)–(d)” after “1402(a)–(d)”.

  7. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 402(a) · 94 Stat. 2835

    1. Struck · 37 U.S.C. § 205(a)

      Pub. L. 96–513, § 402(a), struck out in introductory text reference to subsec. (d) of this section

    2. Struck · 37 U.S.C. § 205(a)

      Pub. L. 96–513, § 402(a), struck out cls. (7) and (8), which provided for the addition of four years for medical and dental officers and one year in addition to the four years for a medical officer who has completed one year of medical internship or the equivalent, respectively

    3. Redesignated · 37 U.S.C. § 205(a)

      Pub. L. 96–513, § 402(a), redesignated cl. (9) as (7), and in text following cl. (7), as so redesignated

    4. Substituted · 37 U.S.C. § 205(a)

      Pub. L. 96–513, § 402(a), substituted “subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a” for “section 1402(b)–(d) and section 1402a(a)–(d)”

    5. Substituted · 37 U.S.C. § 205(a)

      Pub. L. 96–513, § 402(a), substituted “clauses (2) through (7)” for “clauses (2)–(9)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–513, § 402(a), struck out in introductory text reference to subsec. (d) of this section, struck out cls. (7) and (8), which provided for the addition of four years for medical and dental officers and one year in addition to the four years for a medical officer who has completed one year of medical internship or the equivalent, respectively, redesignated cl. (9) as (7), and in text following cl. (7), as so redesignated, substituted “subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a” for “section 1402(b)–(d) and section 1402a(a)–(d)”, and “clauses (2) through (7)” for “clauses (2)–(9)”.

    Enacted provision · exact public law section
    (a) Subsection (a) of section 205 of title 37, United States Code, relating to service creditable for purposes of computing basic pay, is amended— (1) by striking out “subsections (b)–(d)” and inserting in lieu thereof “subsections (b) and (c)”; (2) by inserting “and” at the end of clause (6); (3) by striking out clauses (7) and (8) and redesignating clause (9) as clause (7); (4) by striking out “section 1402(b)–(d) and section 1402a(a)–(d)” in the second sentence and inserting in lieu thereof “subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a”; and (5) by striking out “clauses (2)—(9)” in the second sentence and inserting in lieu thereof “clauses (2) through (7)”;

  8. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 516(3) · 94 Stat. 2835

    1. Substituted · 37 U.S.C. § 205(a)

      Pub. L. 96–513, § 516(3), substituted in cl. (5) “National Oceanic and Atmospheric Administration” for “Environmental Science Service Administration”

    2. Inserted · 37 U.S.C. § 205(a)

      Pub. L. 96–513, § 516(3), inserted “Environmental Science Service Administration” before “Coast and Geodetic Survey”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–513, § 516(3), substituted in cl. (5) “National Oceanic and Atmospheric Administration” for “Environmental Science Service Administration” and in provision following cl. (9) substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Service Administration” and inserted “Environmental Science Service Administration” before “Coast and Geodetic Survey”.

    Enacted provision · exact public law section
    (3) Section 205(a) is amended— (A) by striking out “Environmental Science Services Administration” in clause (5) and in the last sentence and inserting in lieu thereof “National Oceanic and Atmospheric Administration”; and (B) by inserting “Environmental Science Services Administration or the” in the last sentence before “Coast and Geodetic Survey”.

  9. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 402(b) · 94 Stat. 2835

    Struck · 37 U.S.C. § 205(b)

    Pub. L. 96–513, § 402(b), struck out provisions relating to reduction of amount of service authorized to be credited under cl. (7) or (8) of subsec. (a) of this section

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–513, § 402(b), struck out provisions relating to reduction of amount of service authorized to be credited under cl. (7) or (8) of subsec. (a) of this section.

    Enacted provision · exact public law section
    (b) Subsection (b) of such section is amended by striking out the second sentence thereof.

  10. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 402(c) · 94 Stat. 2835

    Redesignated · 37 U.S.C. § 205(c)(e)

    Pub. L. 96–513, § 402(c), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c), relating to limitations on service credited under cl. (7) or (8) of subsec. (a) of this section, was struck out

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 96–513, § 402(c), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c), relating to limitations on service credited under cl. (7) or (8) of subsec. (a) of this section, was struck out.

    Enacted provision · exact public law section
    (c) Subsection (c) of such section is repealed, and subsections (d) and (e) of such section are redesignated as subsections (c) and (d), respectively.

  11. Department of Defense Authorization Act, 1985

    Pub. L. 98–525 title VI § 607(a) · 98 Stat. 2492

    Added · 37 U.S.C. § 205(e)

    Pub. L. 98–525 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 98–525 added subsec. (e).

    Enacted provision · exact public law section
    (a) Section 205 of title 37, United States Code, is amended by adding at the end thereof the following new subsection: “(e) Notwithstanding subsection (a) of this section, a period served by a member of a uniformed service in a reserve component under 10 USC 511. an enlistment under section 511 of title 10 before the member— “(1) begins service on active duty under subsection (b) of that section, or “(2) begins an initial period of active duty for training under subsection (d) of that section, may not be counted under this section.”.

  12. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title V § 501(c) · 103 Stat. 1352

    Amended · 37 U.S.C. § 205(e)

    Pub. L. 101–189 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Notwithstanding subsection (a) of this section, a period served by a member of a uniformed service in a reserve component under an enlistment under section 511 of title 10 before the member—

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–189 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Notwithstanding subsection (a) of this section, a period served by a member of a uniformed service in a reserve component under an enlistment under section 511 of title 10 before the member—

    “(1) begins service on active duty under subsection (b) of that section, or “(2) begins an initial period of active duty for training under subsection (d) of that section, may not be counted under this section.”

    Enacted provision · exact public law section
    (c) Limitation on Crediting DEP Service for Longevity for Pay.— Subsection (e) of section 205 of title 37, United States Code, is amended to read as follows: “(e) (1) Notwithstanding subsection (a), a period of service described in paragraph (2) of a member who enlists in a reserve component may not be counted under this section. “(2) Paragraph (1) applies to the following service: “(A) Service performed while a member of a reserve component under an enlistment under section 511(b) or 511(d) of title 10 before the member begins service on active duty under such section (including a period of active duty for training) unless the member performs inactive-duty training before beginning service on active duty or active duty for training; “(B) Service performed while a member of a reserve component under an enlistment under section 513 of title 10 (other than a period of active duty to which the member is ordered under chapter 39 of title 10 or another provision of law).”.

  13. Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

    Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75

    Struck · 37 U.S.C. § 205(a)(c)

    Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing.

    Enacted provision · exact public law section
    (1) by striking out “of this section” each place it appears (other than as provided in subsection (c));

  14. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 div. A title V § 517(b) · 106 Stat. 2315

    Amended · 37 U.S.C. § 205(d)

    Pub. L. 102–484 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Notwithstanding subsection (a), a commissioned officer may not count in computing his basic pay any period of service after October 13, 1964, that he performed concurrently as a member of a uniformed service and as a member of the Senior Reserve Officers’ Training Corps.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–484 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Notwithstanding subsection (a), a commissioned officer may not count in computing his basic pay any period of service after October 13, 1964, that he performed concurrently as a member of a uniformed service and as a member of the Senior Reserve Officers’ Training Corps.”

    Enacted provision · exact public law section
    (b) Amendment to Title 37.— Subsection (d) of section 205 of title 37, United States Code, is amended to read as follows: “(d) Notwithstanding subsection (a), a commissioned officer may not count in computing basic pay a period of service after October 13, 1964, that the officer performed concurrently as a member of the Senior Reserve Officers’ Training Corps, except that service after July 31, 1990, that the officer performed while serving on active duty other than for training as an enlisted member of the Selected Reserve may be so counted.”.

  15. Pub. L. 103–35 title II § 204(a)(1) · 107 Stat. 97

    Substituted · 37 U.S.C. § 205(a)(7)(B)

    Pub. L. 103–35 substituted “the Department of Veterans Affairs” for “the Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (a)(7)(B). Pub. L. 103–35 substituted “the Department of Veterans Affairs” for “the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Section 205(a)(7)(B) is amended by striking out “the Veterans’ Administration,” and inserting in lieu thereof “the Department of Veterans Affairs,”.

  16. Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1676(b)(2)(A) · 108 Stat. 2663

    Substituted · 37 U.S.C. § 205(e)(2)(A)

    Pub. L. 103–337, § 1676(b)(2)(A), substituted “12103(b) or 12103(d)” for “511(b) or 511(d)”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(A). Pub. L. 103–337, § 1676(b)(2)(A), substituted “12103(b) or 12103(d)” for “511(b) or 511(d)”.

    Enacted provision · exact public law section
    (A) by striking out “section 511(b) or 511(d)” in subparagraph (A) and inserting in lieu thereof “section 12103(b) or 12103(d)”; and

    Effective date note
    Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

  17. Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1676(b)(2)(B) · 108 Stat. 2663

    Substituted · 37 U.S.C. § 205(e)(2)(B)

    Pub. L. 103–337, § 1676(b)(2)(B), substituted “chapter 1209” for “chapter 39”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(B). Pub. L. 103–337, § 1676(b)(2)(B), substituted “chapter 1209” for “chapter 39”.

    Enacted provision · exact public law section
    (B) by striking out “chapter 39” in subparagraph (B) and inserting in lieu thereof “chapter 1209”.

    Effective date note
    Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

  18. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title V § 507(b) · 110 Stat. 2422

    Substituted · 37 U.S.C. § 205(d)

    Pub. L. 104–201 substituted “for service that the officer performed on or after August 1, 1979.” for “that service after July 31, 1990, that the officer performed while serving on active duty”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–201 substituted “for service that the officer performed on or after August 1, 1979.” for “that service after July 31, 1990, that the officer performed while serving on active duty”.

    Enacted provision · exact public law section
    (b) Amendment to Title 37.— Section 205(d) of title 37, United States Code, is amended by striking out “that service after July 31, 1990, that the officer performed while serving on active duty” and inserting in lieu thereof “for service that the officer performed on or after August 1, 1979.”.

  19. National Defense Authorization Act for Fiscal Year 1998

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

    Substituted · 37 U.S.C. § 205(d)

    Pub. L. 105–85 substituted a comma for the period after “August 1, 1979”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–85 substituted a comma for the period after “August 1, 1979”.

    Enacted provision · exact public law section
    (b) Title 37, United States Code.— Section 205(d) of title 37, United States Code, is amended by striking out the period after “August 1, 1979” and inserting in lieu thereof a comma.

  20. Pub. L. 106–65 div. A title V § 551(c) · 113 Stat. 512

    Added · 37 U.S.C. § 205(f)

    Pub. L. 106–65 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–65 added subsec. (f).

    Enacted provision · exact public law section
    (c) Computation of Creditable Service.— Section 205 of title 37, United States Code, is amended by adding at the end the following new subsection: “(f) Notwithstanding subsection (a), the periods of service of a commissioned officer appointed under section 12209 of title 10 after receiving financial assistance under section 16401 of such title that are counted under this section may not include a period of service after January 1, 2000, that the officer performed concurrently as a member of the Marine Corps Platoon Leaders Class program and the Marine Corps Reserve, except that service after that date that the officer performed before commissioning (concurrently with the period of service as a member of the Marine Corps Platoon Leaders Class program) as an enlisted member on active duty or as a member of the Selected Reserve may be so counted.”.

  21. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    1. Substituted · 37 U.S.C. § 205(f)

      Pub. L. 106–398 substituted “that the officer performed concurrently as an enlisted member” for “that the officer performed concurrently as a member”

    2. Substituted · 37 U.S.C. § 205(f)

      Pub. L. 106–398 substituted “section 12203” for “section 12209”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–398 substituted “that the officer performed concurrently as an enlisted member” for “that the officer performed concurrently as a member” and “section 12203” for “section 12209”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  22. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title V § 515(d)(1)(C) · 119 Stat. 3136

    Substituted · 37 U.S.C. § 205(a)(2)(I)

    Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(I). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

    Enacted provision · exact public law section
    (C) Section 205(a)(2)(I).

  23. Pub. L. 119–60 div. A title VI § 601(b)(3) · 139 Stat. 901

    1. Redesignated · 37 U.S.C. § 205(a)(2)(B)(F)

      Pub. L. 119–60 transferred subpar. (F) to appear after subpar. (A) and redesignated it as subpar. (B); redesignated former subpars. (B), (D), and (E) as (D), (E), and (F), respectively; added subpar. (C)

    2. Struck · 37 U.S.C. § 205(a)(2)(B)(F)

      Pub. L. 119–60 transferred subpar. (F) to appear after subpar. (A) and struck out former subpar. (C) which read as follows: “the Organized Militia before July 1, 1916;”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B) to (F). Pub. L. 119–60 transferred subpar. (F) to appear after subpar. (A) and redesignated it as subpar. (B); redesignated former subpars. (B), (D), and (E) as (D), (E), and (F), respectively; added subpar. (C) and struck out former subpar. (C) which read as follows: “the Organized Militia before July 1, 1916;”.

28 of 31 references resolved to an enrolled provision · 1 partial · 2 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
205(a)37:233(a) (less words after 2d semicolon of clause (7)).37:233(b).Oct. 12, 1949, ch. 681, § 202 (less proviso of (d)), 63 Stat. 807; Apr. 30, 1956, ch. 223, § 2, 70 Stat. 121.
205(b)37:233(a)(7) (words between 2d and 3d semicolons).37:233(d) (less proviso).
205(c)37:233(a)(7) (words after 3d semicolon).
205(d)37:233(c).

In subsection (a), the introductory clause is substituted for section 233(a) (introductory clause) of existing title 37. In clauses (1) and (2), the word “officer” is substituted for the words “commissioned officer, commissioned warrant officer, warrant officer” to conform to the definition of “officer” in section 101(11) of this revised title. In clause (1), the words “Regular or Reserve component” are omitted, since, under the definition of “reserve component” in section 102(k) of the source statute, those words are defined to include members without component status. Together, these categories compose the entire structure of any uniformed service. In clause (2)(F), the words “a reserve component of a uniformed service” are substituted for the words “the National Guard of the United States, or in the Organized Reserve Corps, or in the Officers’ Reserve Corps, or in the Enlisted Reserve Corps, or in the Medical Reserve Corps, or in the Medical Reserve Corps of the Navy, or in the Dental Reserve Corps of the Navy . . . or in the Naval Reserve . . . or in the Air National Guard of the United States, or in the Air Force Reserve, or in the officers’ section of the Air Force Reserve, or in the enlisted section of the Air Force Reserve, or in the Air Corps Reserve . . . or in the Marine Corps Reserve, or in the Coast Guard Reserve, or in the Reserve Corps of the Public Health Service,” since all of the named organizations were or are reserve components. In clause (4), the words “as it existed at any time before ” are inserted for clarity, since the reference is intended to apply to the corps established by law before . Service in the Army Nurse Corps or Navy Nurse Corps now existing would be included under clause (1) or (2), since there is now no legal distinction between the service of nurses and that of other members of the Army and Navy. In clause (6), the date “,” is substituted for the words “the effective date of this section,” to reflect laws enacted after that effective date which authorized certain service to be credited for pay purposes. See, for example, Public Law 86–142. Clause (9) is substituted for section 233(b) (less proviso) of existing title 37. The last sentence is substituted for section 233(b) (proviso) of existing title 37.

In subsection (b), the first 33 words of section 233(d) of existing title 37 are omitted as covered by the words “are computed by adding” in subsection (a). The words “for any reason,” in section 233(d) of existing title 37, are omitted as surplusage.

In subsection (c)(3), the words “chapter 67 of title 10” are substituted for the words “title III of the Army and Air Force Vitalization and Retirement Equalization Act of 1948,” since that title was repealed by section 53 of the Act of August 10, 1956, ch. 1041 (70A Stat. 641), and is now codified as chapter 67 of title 10 by section 1 of that Act.

Editorial Notes

Amendments1964–2025 · 17 rounds

2025

Subsec. (a)(2)(B) to (F). Pub. L. 119–60 transferred subpar. (F) to appear after subpar. (A) and redesignated it as subpar. (B); redesignated former subpars. (B), (D), and (E) as (D), (E), and (F), respectively; added subpar. (C) and struck out former subpar. (C) which read as follows: “the Organized Militia before ;”.

2006

Subsec. (a)(2)(I). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

2000

Subsec. (f). Pub. L. 106–398 substituted “that the officer performed concurrently as an enlisted member” for “that the officer performed concurrently as a member” and “section 12203” for “section 12209”.

1999

Subsec. (f). Pub. L. 106–65 added subsec. (f).

1997

Subsec. (d). Pub. L. 105–85 substituted a comma for the period after “”.

1996

Subsec. (d). Pub. L. 104–201 substituted “for service that the officer performed on or after .” for “that service after , that the officer performed while serving on active duty”.

1994

Subsec. (e)(2)(A). Pub. L. 103–337, § 1676(b)(2)(A), substituted “12103(b) or 12103(d)” for “511(b) or 511(d)”.

Subsec. (e)(2)(B). Pub. L. 103–337, § 1676(b)(2)(B), substituted “chapter 1209” for “chapter 39”.

1993

Subsec. (a)(7)(B). Pub. L. 103–35 substituted “the Department of Veterans Affairs” for “the Veterans’ Administration”.

1992

Subsec. (d). Pub. L. 102–484 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Notwithstanding subsection (a), a commissioned officer may not count in computing his basic pay any period of service after , that he performed concurrently as a member of a uniformed service and as a member of the Senior Reserve Officers’ Training Corps.”

1991

Subsecs. (a) to (c). Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing.

1989

Subsec. (e). Pub. L. 101–189 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Notwithstanding subsection (a) of this section, a period served by a member of a uniformed service in a reserve component under an enlistment under section 511 of title 10 before the member—

“(1) begins service on active duty under subsection (b) of that section, or

“(2) begins an initial period of active duty for training under subsection (d) of that section,

may not be counted under this section.”

1984

Subsec. (e). Pub. L. 98–525 added subsec. (e).

1980

Subsec. (a). Pub. L. 96–513, § 402(a), struck out in introductory text reference to subsec. (d) of this section, struck out cls. (7) and (8), which provided for the addition of four years for medical and dental officers and one year in addition to the four years for a medical officer who has completed one year of medical internship or the equivalent, respectively, redesignated cl. (9) as (7), and in text following cl. (7), as so redesignated, substituted “subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a” for “section 1402(b)–(d) and section 1402a(a)–(d)”, and “clauses (2) through (7)” for “clauses (2)–(9)”.

Pub. L. 96–513, § 516(3), substituted in cl. (5) “National Oceanic and Atmospheric Administration” for “Environmental Science Service Administration” and in provision following cl. (9) substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Service Administration” and inserted “Environmental Science Service Administration” before “Coast and Geodetic Survey”.

Pub. L. 96–342 inserted reference to section 1402a(a)–(d) of title 10.

Subsec. (b). Pub. L. 96–513, § 402(b), struck out provisions relating to reduction of amount of service authorized to be credited under cl. (7) or (8) of subsec. (a) of this section.

Subsecs. (c) to (e). Pub. L. 96–513, § 402(c), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c), relating to limitations on service credited under cl. (7) or (8) of subsec. (a) of this section, was struck out.

1974

Subsec. (a)(1). Pub. L. 93–545 inserted “aviation midshipman,” after “flight officer,”.

1968

Subsec. (e). Pub. L. 90–623 substituted “,” for “the enactment of this subsection”.

1966

Subsec. (a). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in cl. (5) and inserted provision that, for the purpose of cl. (5), periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration includes periods during which a member was a deck officer or junior engineer in the Coast and Geodetic Survey.

1964

Subsec. (e). Pub. L. 88–647 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective , except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Effective Date of 1984 Amendment

Pub. L. 98–525, title VI, § 607(b), , 98 Stat. 2538, provided that: “The amendment made by subsection (a) [amending this section] shall apply to persons who enlist under section 511 [now 12103] of title 10, United States Code, on or after the first day of the third calendar month which begins after the date of the enactment of this Act [].”

Effective Date of 1980 Amendment

Amendment by section 402 of Pub. L. 96–513 effective , but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on , see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Amendment by section 516(3) of Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on , see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Inclusion of Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff Among Senior Enlisted Members of the Armed Forces

Pub. L. 109–163, div. A, title VI, § 685(a), , 119 Stat. 3325, as amended by Pub. L. 109–364, div. A, title X, § 1071(e)(5), , 120 Stat. 2401; Pub. L. 113–291, div. A, title VI, § 603(a)(2)(A), , 128 Stat. 3398, provided that:

“(1)

Equal treatment.—

The rate of basic pay for an enlisted member in the grade E–9 while serving as Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff or as Senior Enlisted Advisor to the Chief of the National Guard Bureau shall be the same as the rate of basic pay for an enlisted member in that grade while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, regardless of cumulative years of service computed under section 205 of title 37, United States Code.

“(2)

Effective date.—

Paragraph (1) shall apply beginning on the date on which an enlisted member of the Armed Forces is first appointed to serve as Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.”

Transition Provision

Subsec. (f) of this section applicable to certain enlisted members of the Marine Corps Reserve selected for training as an officer candidate under section 12209 of Title 10, Armed Forces, before implementation of a financial assistance program under section 16401 of Title 10, see section 551(d) of Pub. L. 106–65, set out as a note under section 16401 of Title 10.

Benefits Not To Accrue for Periods Prior to September 23, 1996

No increase in pay or retired or retainer pay to accrue for periods before , by reason of amendments made by section 507 of Pub. L. 104–201, see section 507(c) of Pub. L. 104–201, set out as a note under section 2106 of Title 10, Armed Forces.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513, and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. (particularly § 625) of Pub. L. 96–513, set out as a note under section 611 of Title 10, Armed Forces.

Credits

1962–2025 · 19 acts
  1. 1962Pub. L. 87–649, , 76 Stat. 458
  2. 1964Pub. L. 88–647, title II, § 202(1), , 78 Stat. 1070
  3. 1966Pub. L. 89–718, § 49(a)(1), (b), , 80 Stat. 1121
  4. 1968Pub. L. 90–623, § 3(3), , 82 Stat. 1314
  5. 1974Pub. L. 93–545, § 2, , 88 Stat. 1741
  6. 1980Pub. L. 96–342, title VIII, § 813(b)(3)(D), , 94 Stat. 1104
  7. 1980Pub. L. 96–513, title IV, § 402, title V, § 516(3), , 94 Stat. 2904, 2937
  8. 1984Pub. L. 98–525, title VI, § 607(a), , 98 Stat. 2538
  9. 1989Pub. L. 101–189, div. A, title V, § 501(c), , 103 Stat. 1435
  10. 1991Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), , 105 Stat. 117
  11. 1992Pub. L. 102–484, div. A, title V, § 517(b), , 106 Stat. 2407
  12. 1993Pub. L. 103–35, title II, § 204(a)(1), , 107 Stat. 102
  13. 1994Pub. L. 103–337, div. A, title XVI, § 1676(b)(2), , 108 Stat. 3019
  14. 1996Pub. L. 104–201, div. A, title V, § 507(b), , 110 Stat. 2512
  15. 1997Pub. L. 105–85, div. A, title X, § 1073(b), , 111 Stat. 1904
  16. 1999Pub. L. 106–65, div. A, title V, § 551(c), , 113 Stat. 614
  17. 2000Pub. L. 106–398, § 1 [[div. A], title V, § 533(e)], , 114 Stat. 1654, 1654A–111
  18. 2006Pub. L. 109–163, div. A, title V, § 515(d)(1)(C), , 119 Stat. 3236
  19. 2025Pub. L. 119–60, div. A, title VI, § 601(b)(3), , 139 Stat. 901.
Show as published

(Pub. L. 87–649, , 76 Stat. 458; Pub. L. 88–647, title II, § 202(1), , 78 Stat. 1070; Pub. L. 89–718, § 49(a)(1), (b), , 80 Stat. 1121; Pub. L. 90–623, § 3(3), , 82 Stat. 1314; Pub. L. 93–545, § 2, , 88 Stat. 1741; Pub. L. 96–342, title VIII, § 813(b)(3)(D), , 94 Stat. 1104; Pub. L. 96–513, title IV, § 402, title V, § 516(3), , 94 Stat. 2904, 2937; Pub. L. 98–525, title VI, § 607(a), , 98 Stat. 2538; Pub. L. 101–189, div. A, title V, § 501(c), , 103 Stat. 1435; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), , 105 Stat. 117; Pub. L. 102–484, div. A, title V, § 517(b), , 106 Stat. 2407; Pub. L. 103–35, title II, § 204(a)(1), , 107 Stat. 102; Pub. L. 103–337, div. A, title XVI, § 1676(b)(2), , 108 Stat. 3019; Pub. L. 104–201, div. A, title V, § 507(b), , 110 Stat. 2512; Pub. L. 105–85, div. A, title X, § 1073(b), , 111 Stat. 1904; Pub. L. 106–65, div. A, title V, § 551(c), , 113 Stat. 614; Pub. L. 106–398, § 1 [[div. A], title V, § 533(e)], , 114 Stat. 1654, 1654A–111; Pub. L. 109–163, div. A, title V, § 515(d)(1)(C), , 119 Stat. 3236; Pub. L. 119–60, div. A, title VI, § 601(b)(3), , 139 Stat. 901.)

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