Title 10 — Armed ForcesRelease 119-73
§1038 Service credit: certain service in Women’s Army Auxiliary Corps
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 53— - MISCELLANEOUS RIGHTS AND BENEFITS › § 1038
Summary
Women who later served on active duty after September 29, 1943 must get credit toward their years of active service for time they spent in the Women’s Army Auxiliary Corps between May 13, 1942 and September 30, 1943, except that this credit cannot be used to earn promotions. Time served as a WAAC officer counts as commissioned officer service, and time as an enrolled member counts as enlisted service.
Full Legal Text
Title 10, §1038
Armed Forces — Source: USLM XML via OLRC
In computing years of active service of any female member of the armed forces, there shall be credited for all purposes, except the right to promotion, in addition to any other service that may be credited, all active service performed in the Women’s Army Auxiliary Corps after May 13, 1942, and before September 30, 1943, if that member performed active service in the armed forces after September 29, 1943. Service as an officer in the Women’s Army Auxiliary Corps shall be credited as active service in the status of a commissioned officer, and service as an enrolled member of the Corps shall be credited as active service in the status of an enlisted member.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Election of Pension or Compensation Pub. L. 86–142, § 2, Aug. 7, 1959, 73 Stat. 289, provided that a person entitled to a pension or compensation under any law administered by the Veterans’ Administration, based on the active service described in section 1 of Pub. L. 86–142, which added section 1038 to Title 10, Armed Forces, could elect within 1 year after Aug. 7, 1959 to receive that pension or compensation in lieu of any compensation under the Federal Employees’ Compensation Act; that such an election is irrevocable; and that the election does not entitle that person to the pension or compensation for any period before the date of election. Back Pay or Allowances Pub. L. 86–142, § 3, Aug. 7, 1959, 73 Stat. 289, provided that: “No person is entitled to back pay or allowances because of any service credited under section 1 of this Act [enacting this section].”
Reference
Citations & Metadata
Citation
10 U.S.C. § 1038
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73