10 U.S.C. § 8328

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 8328 - Computation of years of service: voluntary retirement

(a) ENLISTED MEMBERS.-Time required to be made up under section 972(a) of this title after February 10, 1996, 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 October 28, 2009, 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.

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; amended Pub. L. 107-107, div. A, title X, §1048(c)(13), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 111-84, div. A, title V, §505, Oct. 28, 2009, 123 Stat. 2277; Pub. L. 113-291, div. A, title X, §1071(e)(5), Dec. 19, 2014, 128 Stat. 3510; renumbered §8328, Pub. L. 115-232, div. A, title VIII, §807(b)(15), Aug. 13, 2018, 132 Stat. 1836.

EDITORIAL NOTES

AMENDMENTS2018- Pub. L. 115-232 renumbered section 6328 of this title as this section. 2014-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". 2009-Subsec. (c). Pub. L. 111-84 added subsec. (c).2001-Subsec. (a). Pub. L. 107-107 substituted "February 10, 1996," 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 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.

EFFECTIVE DATESection effective Feb. 10, 1996, 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.

active service

The term "active service" means service on active duty or full-time National Guard duty.

grade

The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.

officer

The term "officer" means a commissioned or warrant officer.