§2126 — Title 10 Armed Forces | U.S. Code

§2126 Members of the program: service credit

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART III— - TRAINING AND EDUCATION › Chapter CHAPTER 105— - ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE PROGRAMS › Subchapter SUBCHAPTER I— - HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM FOR ACTIVE SERVICE › § 2126

Last updated Apr 6, 2026|Official source

Summary

Service done while someone is in the program usually does not count toward retirement or toward years of service under 37 U.S.C. 205, except for retirement if the person is disabled from active duty. The Secretary in charge can allow service performed while the member is studying under this program to be counted only if the member finishes the course, completes the active-duty obligation in section 2123(a), and has a specialty the Secretary calls critically needed in wartime. If allowed, the counted service only applies to retirement points under section 12732 and to computing retired pay under section 12733. The member gets 50 points for each year of study counted. Those 50 points are recorded as earned in the year of study but are added at the end of a later year after the member finishes the course and then serves in the Selected Reserve and earns at least 50 points that year. No more than four years of study can be counted. For other purposes, the member is treated as active only for the two retirement rules above. The member cannot get any back pay or higher pay or allowances under title 37 because of these service credits.

Title 10, §2126

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), service performed while a member of the program shall not be counted—

(1)in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program; or

(2)in computing years of service creditable under section 205 of title 37.

(b)(1)The Secretary concerned may authorize service performed by a member of the program in pursuit of a course of study under this subchapter to be counted in accordance with this subsection if the member—

(A)completes the course of study;

(B)completes the active duty obligation imposed under section 2123(a) of this title; and

(C)possesses a specialty designated by the Secretary concerned as critically needed in wartime.

(2)Service credited under paragraph (1) counts only for the award of retirement points for computation of years of service under section 12732 of this title and for computation of retired pay under section 12733 of this title.

(3)The number of points credited to a member under paragraph (1) for a year of participation in a course of study is 50. The points shall be credited to the member for one of the years of that participation at the end of each year after the completion of the course of study that the member serves in the Selected Reserve and is credited under section 12732(a)(2) of this title with at least 50 points. The points credited for the participation shall be recorded in the member’s records as having been earned in the year of the participation in the course of study.

(4)Service may not be counted under paragraph (1) for more than four years of participation in a course of study as a member of the program.

(5)A member of the Selected Reserve may be considered to be in an active status while pursuing a course of study under this subchapter only for purposes of section 12732(a) and 12733(3) of this title.

(6)A member is not entitled to any retroactive award of, or increase in, pay or allowances under title 37 by reason of an award of service credit under paragraph (1).

Notes & Related Subsidiaries

Editorial Notes

Amendments

1999—Subsec. (b)(2). Pub. L. 106–65, § 544(1), added par. (2) and struck out former par. (2) which read as follows: “Service credited under paragraph (1) counts only for the following purposes: “(A) Award of retirement points for computation of years of service under section 12732 of this title and for computation of retired pay under section 12733 of this title. “(B) Computation of years of service creditable under section 205 of title 37.” Subsec. (b)(3). Pub. L. 106–65, § 544(1), added par. (3) and struck out former par. (3) which read as follows: “For purposes of paragraph (2)(A), a member may be credited in accordance with paragraph (1) with not more than 50 points for each year of participation in a course of study that the member satisfactorily completes as a member of the program.” Subsec. (b)(5), (6). Pub. L. 106–65, § 544(2), (3), added par. (5) and redesignated former par. (5) as (6). 1996—Pub. L. 104–201 designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b), service performed” for “Service performed”, and added subsec. (b). 1980—Cl. (2). Pub. L. 96–513 struck out “, other than subsection (a)(7) and (8),” after “section 205”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.