§8328 — Title 10 Armed Forces | U.S. Code

Summary

Any service time made up under section 972(a) after February 10, 1996 must not be counted when figuring years of service for retirement under this chapter. Time that section 972(b) says to exclude also must not be counted. Months spent on active duty earning a bachelor’s degree in the Navy STA‑21 program for people chosen on or after October 28, 2009 are excluded from the years used to decide retirement eligibility when the person becomes an ensign, unless they are involuntarily separated or retired for physical disability; those months still count for other purposes.

Title 10, §8328

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—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 AmendmentAmendment 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 Date

Section 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.

§8328 Computation of years of service: voluntary retirement

Summary

Title 10, §8328

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Citations & Metadata