Federal · Title 10 — Armed Forces

10 U.S.C. § 1405: Years of service

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his years of active service; the years of service, not included in clause (1), with which he was entitled to be credited on May 31, 1958 , in computing his basic pay; and the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under section 12733 of this title if he were entitled to retired pay under section 12731 of this title . each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1 ⁄ 12 of a year; and any remaining fractional part of a month shall be disregarded. Time required to be made up by an enlisted member of the Army, Air Force, or Space Force under section 972(a) of this title , or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after October 5, 1994 , may not be counted in determining years of service under subsection (a). 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. the computation of the retired pay of any enlisted member who retires on or after the date of the enactment of this Act [ Oct. 5, 1994 ]; the computation of the retainer pay of any enlisted member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve on or after the date of the enactment of this Act; and the recomputation of the retired pay of any enlisted member who is advanced on the retired list on or after the date of the enactment of this Act.”

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