10 U.S.C. § 12732: Entitlement to retired pay: computation of years of service

The armed forces. The federally recognized National Guard before June 15, 1933 . A federally recognized status in the National Guard before June 15, 1933 . The National Guard after June 14, 1933 , if his service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, to the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air National Guard of the United States. The Navy Reserve Force. The Naval Militia that conformed to the standards prescribed by the Secretary of the Navy. The National Naval Volunteers. The Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Reserve of the Navy, as it existed at any time after February 2, 1901 . The Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072 ). in the dietetic or physical therapy categories, if the service was performed after April 6, 1917 , and before April 1, 1943 ; or in the occupational therapy category, if the service was performed before appointment in the Army Nurse Corps or the Women’s Medical Specialist Corps and before January 1, 1949 , or before appointment in the Air Force before January 1, 1949 , with a view to designation as an Air Force nurse or medical specialist. active service; or full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned; One point for each attendance at a drill or period of equivalent instruction that was prescribed for that year by the Secretary concerned and conformed to the requirements prescribed by law, including attendance under section 502 of title 32 . in a reserve component of an armed force, in the Army or the Air Force without component, or in any other category covered by subsection (a)(1) except a regular component. Points credited for the year under section 2126(b) of this title . One point for each day on which funeral honors duty is performed for at least two hours under section 12503 of this title or section 115 of title 32 , unless the duty is performed while in a status for which credit is provided under another subparagraph of this paragraph. Subject to regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy, one point for each day of active service or one point for each drill or period of equivalent instruction that was prescribed by the Secretary concerned to be performed during the covered emergency period, if such person was prevented from performing such duty due to travel or duty restrictions imposed by the President, the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard. A person may not be credited more than 35 points in a one-year period under this subparagraph. In this subparagraph, the term “covered emergency period” means the period beginning on March 1, 2020 , and ending on the day that is 60 days after the date on which the travel or duty restriction applicable to the person concerned is lifted. Points at the rate of 1 per inactive-duty training period, under section 206 of title 37 , during which the member is on parental leave under section 711 of this title . The person’s years of active service in the Commissioned Corps of the Public Health Service. The person’s years of active commissioned service in the National Oceanic and Atmospheric Administration (including active commissioned service in the Environmental Science Services Administration and in the Coast and Geodetic Survey). Service (other than active service) in an inactive section of the Organized Reserve Corps or of the Army Reserve, or in an inactive section of the officers’ section of the Air Force Reserve. Service (other than active service) after June 30, 1949 , while on the Honorary Retired List of the Navy Reserve or of the Marine Corps Reserve. Service in the inactive National Guard. Service in a non-federally recognized status in the National Guard. Service in the Fleet Reserve or the Fleet Marine Corps Reserve. Service as an inactive Reserve nurse of the Army Nurse Corps established by the Act of February 2, 1901 (ch. 192, 31 Stat. 753 ), as amended, and service before July 1, 1938 , as an inactive Reserve nurse of the Navy Nurse Corps established by the Act of May 13, 1908 (ch. 166, 35 Stat. 146 ). Service in any status other than that as commissioned officer, warrant officer, nurse, flight officer, aviation midshipman, appointed aviation cadet, or enlisted member, and that described in clauses (I) and (J) of subsection (a)(1). Service in the screening performed pursuant to section 10149 of this title through electronic means, regardless of whether or not a stipend is paid the member concerned for such service under section 433a of title 37 . The period of parental leave described in section 12732(a)(2)(G) of title 10 , United States Code, taken by a member of the reserve components of the Armed Forces shall count toward the member’s entitlement to retired pay, and in connection with the years of service used in computing retired pay, under chapter 1223 of title 10, United States Code, as 12 points. Separate crediting of points shall accrue to a member pursuant to this subsection for each period of parental leave taken by the member. Points credited a member for a period of parental leave pursuant to this subsection shall be credited in the year in which the period of parental leave concerned commences.” To better enable the Secretary of Defense and Congress to assess the cost and the effect on readiness of the amendment made by subsection (a) [amending section 12733 of this title ] and of other potential changes to the Reserve retirement system under chapter 1223 of title 10, United States Code, the Secretary of Defense shall require the Secretary of each military department to implement a system to monitor the award of retirement points for purposes of that chapter by categories in accordance with the recommendation set forth in the August 1988 report of the Sixth Quadrennial Review of Military Compensation. Elimination of membership points under subparagraph (C) of section 12732(a)(2) of title 10 , United States Code, in conjunction with a decrease from 50 to 35 in the number of points required for a satisfactory year under that section. Limitation to 60 in any year on the number of points that may be credited under subparagraph (B) of section 12732(a)(2) of such title at two points per day. Limitation to 360 in any year on the total number of retirement points countable for purposes of section 12733 of such title.” Creditable constructive service for a person qualified under section 1 hereof shall be applied when providing retirement benefits under the Army and Air Force Vitalization and Retirement Equalization Act of 1948, as amended, or any other Act under which the individual may be entitled to retirement from the Armed Forces. Additional pay accruing to any person by virtue of increased creditable service resulting from the inclusion of constructive service creditable by application of section 1 hereof shall not be made for active or inactive duty for which pay is authorized by competent authority which is performed prior to the first day of the calendar quarter next succeeding the calendar quarter in which this Act becomes effective.” Notwithstanding section 1332(b)(6) [now 12732(b)(7)] of title 10, United States Code, a person is entitled to count his service as an Army field clerk or as a field clerk, Quartermaster Corps, as active service in determining his entitlement to retired pay under chapter 67 [now 1223] of title 10, United States Code, and in computing his retired pay under that chapter. notwithstanding section 1332(b)(6) [now 12732(b)(7)] of title 10, United States Code, a warrant officer is entitled to count classified service as an Army headquarters clerk or as a clerk of the Army Quartermaster Corps that he performed under any law in effect before August 29, 1916 , as active service in determining his entitlement to retired pay under chapter 67 [now 1223] of title 10, United States Code, and in computing his retired pay under that chapter.”