if that service conformed to required standards and qualifications.
For the purpose of clauses (A), (B), (C), (D), (E), (F), and (G), service in the National Guard shall be treated as if it were service in a reserve component, if the person concerned was later appointed in the National Guard of the United States, the Army National Guard of the United States, the Air National Guard of the United States, or as a Reserve of the Army or the Air Force, and served continuously in the National Guard from the date of his Federal recognition to the date of that appointment.
10 U.S.C. § 12732
HISTORICAL AND REVISION NOTES 1956 ACT | ||
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
1332(a) | 10:1036a(b).10:1036a(c).10:1036e(a).10:1036e(b).10:1036e(c) (less applicability to determination of retired pay).10:1036e(d) (less applicability to determination of retired pay). | June 29, 1948, ch. 708, §302(b), (c), 62 Stat. 1089; Sept. 7, 1949, ch. 547, §§1, 2, 63 Stat. 693.June 29, 1948, ch. 708, §306 (less (c) and (d), as applicable to determination of retired pay), 62 Stat. 1088. |
34:440i(b). | ||
34:440i(c). | ||
34:440m(a). | ||
34:440m(b). | ||
34:440m(c) (less applicability to determination of retired pay). | ||
34:440m(d) (less applicability to determination of retired pay). | ||
1332(b) | 10:1036e(e). | |
10:1036e(f). | ||
34:440m(e). | ||
34:440m(f). |
1958 ACTThe word "full-time" is inserted for clarity. The other change reflects the opinion of the Judge Advocate General of the Army (JAGA 1956/1908, Feb. 13, 1956) that duty performed under section 92 of the National Defense Act, the source statute for section 502 of title 32, was creditable in determining entitlement to retired pay under section 302 of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1087), the source statute for section 1332 of title 10.
Amendment of Subsection (a)(2)(G) Pub. L. 118-31, div. A, title VI, §601(c), (e), Dec. 22, 2023, 137 Stat. 289, provided that, effective on Oct. 1, 2024, and applicable with respect to periods of parental leave that commence on or after such date, subsection (a)(2)(G) of this section is amended by striking "12 per period" and all that follows through the end of the sentence and inserting "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." See 2023 Amendment note below.
EDITORIAL NOTES
REFERENCES IN TEXTAct of December 22, 1942, referred to in subsec. (a)(1)(I), is act Dec. 22, 1942, ch. 805, 56 Stat. 1072, which amended section 164 of former Title 10, Army and Air Force, and enacted provisions set out as notes under section 81 of former Title 10 and section 113 of former Title 37, Pay and Allowances, and was repealed as executed, by act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641. Women's Medical Specialist Corps, referred to in subsec. (a)(1)(J)(ii), redesignated Army Medical Specialist Corps by Pub. L. 85-155, Aug. 21, 1957, 71 Stat. 375. See section 3070 of this title. See, also, act Aug. 9, 1955, ch. 654, 69 Stat. 579.
AMENDMENTS2023-Subsec. (a)(2)(G). Pub. L. 118-31 substituted "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." for "12 per period during which the member is on maternity leave." 2021-Subsec. (a)(2). Pub. L. 116-283, §602(b)(4)(B), substituted "(F), and (G)" for "and (F)" in concluding provisions. Pub. L. 116-283, §516(a)(2), substituted "(E), and (F)" for "and (E)" in concluding provisions.Subsec. (a)(2)(F). Pub. L. 116-283, §516(a)(1), added subpar. (F).Subsec. (a)(2)(G). Pub. L. 116-283, §602(b)(4)(A), added subpar. (G). 2008-Subsec. (b)(8). Pub. L. 110-181 added par. (8).2006-Subsecs. (a)(1)(E), (b)(2). Pub. L. 109-163 substituted "Navy Reserve" for "Naval Reserve". 1999-Subsec. (a)(2). Pub. L. 106-65 added subpar. (E) and substituted ",(D), and (E)" for ",and (D)" in concluding provisions. 1996-Subsec. (a)(2). Pub. L. 104-201 added cl. (D) and substituted "(C), and (D)" for "and (C)" in concluding provisions. 1994- Pub. L. 103-337 renumbered section 1332 of this title as this section, substituted "Entitlement to retired pay: computation of years of service" for "Computation of years of service in determining entitlement to retired pay" as section catchline, and amended text generally, making changes in style, references to other sections and Acts, and the service in the Public Health Service and the National Oceanic and Atmospheric Administration that may be included in the computation of years of service in subsec. (a).1980-Subsec. (a)(4). Pub. L. 96-513 inserted provisions relating to applicability to service in National Oceanic and Atmospheric Administration and Environmental Science Services Administration.1974-Subsec. (b)(7). Pub. L. 93-545 inserted "aviation midshipman," after "flight officer,". 1964-Subsec. (a)(3), (4). Pub. L. 88-636 added cls. (3) and (4).1959-Subsec. (a). Pub. L. 86-197, §§(1), (2), redesignated cls. (D) to (F) as (E) to (G), and added cls. (D), (H), (I), and (J), and provisions requiring, for the purpose of cls. (A), (B), and (C), service in the National Guard to be treated as if it were service in a reserve component, if the person concerned was later appointed in the National Guard of the United States, the Army National Guard of the United States, the Air National Guard of the United States, or as a Reserve of the Army or the Air Force, and served continuously in the National Guard from the date of his Federal recognition to the date of that appointment. Subsec. (b)(6), (7). Pub. L. 86-197, §1(3), added par. (6), redesignated former par. (6) as (7), and prohibited the counting of service as a nurse, as an appointed aviation cadet, and that service described in cls. (I) and (J) of subsec. (a)(1) of this section. 1958-Subsec. (a). Pub. L. 85-861 substituted "full-time service under" for "service under", and inserted reference to section 502 of this title in cl. (2)(A)(ii).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2023 AMENDMENT Amendment by Pub. L. 118-31 effective on Oct. 1, 2024, and applicable with respect to periods of parental leave that commence on or after such date, see section 601(e) of Pub. L. 118-31, set out as a note under section 711 of this title.
EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116-283, div. A, title VI, §602(c), Jan. 1, 2021, 134 Stat. 3671, provided that: "This section [amending this section, section 12733 of this title, and section 206 of Title 37, Pay and Allowances of the Uniformed Services, and enacting provisions set out as a note below] and the amendments made by this section shall take effect on the date of the enactment of this Act [Jan. 1, 2021], and shall apply with respect to periods of maternity leave that commence on or after that date."
EFFECTIVE DATE OF 1994 AMENDMENT 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 this title.
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88-636, §2, Oct. 8, 1964, 78 Stat. 1034, provided that: "The amendments made by this Act [amending this section] shall apply to any period before enactment of this Act [Oct. 8, 1964] during which the Commissioned Corps of the Public Health Service has had the status of a military service, and to any period before enactment of this Act during which commissioned personnel of the Coast and Geodetic Survey were transferred to the service and jurisdiction of a military department."
EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 33 (g) of Pub. L. 85-861, set out as a note under section 101 of this title.
SAVINGS PROVISIONPub. L. 86-197, §3, Aug. 25, 1959, 73 Stat. 426, provided that: "This Act [amending this section and sections 3683, 3926, 6324, 8683 and 8926 of this title and enacting provisions set out as notes under sections 1431 and 3441 of this title] does not deprive any person of any service credit to which he was entitled on the day before the effective date of this Act [Aug. 25, 1959]."
CREDIT FOR RETIRED PAY PURPOSES Pub. L. 116-283, div. A, title VI, §602(b)(1)-(3), Jan. 1, 2021, 134 Stat. 3670, 3671, as amended by Pub. L. 118-31, div. A, title VI, §601(d), Dec. 22, 2023, 137 Stat. 289, provided that: "(1) IN GENERAL.-The period of maternity leave taken by a member of the reserve components of the Armed Forces in connection with the birth of a child 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. "(2) SEPARATE CREDIT FOR EACH PERIOD OF LEAVE.-Separate crediting of points shall accrue to a member pursuant to this subsection for each period of maternity leave taken by the member in connection with a childbirth event."(3) WHEN CREDITED.-Points credited a member for a period of maternity leave pursuant to this subsection shall be credited in the year in which the period of maternity leave concerned commences." [Pub. L. 118-31, div. A, title VI, §601(d), (e), Dec. 22, 2023, 137 Stat. 289, provided that, effective on Oct. 1, 2024, and applicable with respect to periods of parental leave that commence on or after such date, section 602(b) of Pub. L. 116-283, set out above, is amended: [(1) in paragraph (1), by striking "maternity leave" and all that follows through "birth of a child" and inserting "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";[(2) in paragraph (2), by striking "maternity leave" and all that follows through "childbirth event" and inserting "parental leave taken by the member"; and[(3) in paragraph (3), by striking "maternity leave" each place it appears and inserting "parental leave".]
TRACKING SYSTEM AND RECOMMENDATIONS TO CONGRESS RELATING TO AWARD OF RETIREMENT POINTS Pub. L. 104-201, div. A, title V, §531(b), (c), Sept. 23, 1996, 110 Stat. 2517, 2518, provided that:"(b) TRACKING SYSTEM FOR AWARD OF RETIREMENT POINTS.-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. "(c) RECOMMENDATIONS TO CONGRESS.-The Secretary shall submit to Congress, not later than one year after the date of the enactment of this Act [Sept. 23, 1996], the recommendations of the Secretary with regard to the adoption of the following Reserve retirement initiatives recommended in the August 1988 report of the Sixth Quadrennial Review of Military Compensation:"(1) 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."(2) 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. "(3) Limitation to 360 in any year on the total number of retirement points countable for purposes of section 12733 of such title."
COAST GUARD WOMEN'S RESERVE; CONSTRUCTIVE SERVICE CREDIT: RETIREMENT BENEFITS; RETROACTIVE PAYPub. L. 87-482, June 12, 1962, 76 Stat. 95, provided: "That any person who was a member of the Coast Guard Women's Reserve and who served on active duty therein for at least one year prior to July 25, 1947; who was separated therefrom under honorable conditions; and who also had membership therein for any period between November 1, 1949, and July 1, 1956, shall be deemed to have served on inactive duty with the Coast Guard Women's Reserve from July 25, 1947, to November 1, 1949, in the grade or rating satisfactorily held on active duty prior to July 25, 1947."SEC. 2. 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. "SEC. 3. 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."
ADDITIONAL CLERICAL SERVICE CREDITABLE UNDER THIS CHAPTERPub. L. 85-861, §15, Sept. 2, 1958, 72 Stat. 1558, provided that:"(a) 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."(b) 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."
- includes
- "includes" means "includes but is not limited to"; and
- Air National Guard of the United States
- The term "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard.
- Army National Guard of the United States
- The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard.
- National Guard
- The term "National Guard" means the Army National Guard and the Air National Guard.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) 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.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active service
- The term "active service" means service on active duty or full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- commissioned officer
- The term "commissioned officer" includes a commissioned warrant officer.
- enlisted member
- The term "enlisted member" means a person in an enlisted grade.
- 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.
- inactive-duty training
- The term "inactive-duty training" means-(A) duty prescribed for Reserves, or a member of the Space Force, by the Secretary concerned under section 206 of title 37 or any other provision of law; and(B) special additional duties authorized for Reserves, or a member of the Space Force, by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.Such term includes those duties when performed by Reserves in their status as members of the National Guard.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- rating
- The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).
- uniformed services
- The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.
- warrant officer
- The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.