Title 10 — Armed ForcesRelease 119-73
§9326 Computation of years of service: voluntary retirement; regular and reserve commissioned officers
Title 10 › Subtitle Subtitle D— - Air Force and Space Force › Part PART II— - PERSONNEL › Chapter CHAPTER 941— - RETIREMENT FOR LENGTH OF SERVICE › § 9326
Summary
To decide if an Air Force or Space Force officer can retire under certain retirement rules, add up years of service this way. Count all active service the person did in the Army, the Air Force, or the Space Force. Also count any Navy or Marine Corps service that would count for a Navy or Marine Corps officer’s retirement. If the officer is a Regular Air Force medical officer, also add full‑time service served as a contract surgeon, acting assistant surgeon, or contract physician. If the officer is a Regular Air Force dental officer, also add service as a contract or acting dental surgeon. Any time that other rules say must be excluded is not counted.
Full Legal Text
Title 10, §9326
Armed Forces — Source: USLM XML via OLRC
(a)For the purpose of determining whether an officer of the Air Force or the Space Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding—
(1)all active service performed as a member of the Army, the Air Force, or the Space Force; and
(2)all service in the Navy or Marine Corps that may be included in determining the eligibility of an officer of the Navy or Marine Corps for retirement.
(b)For the purpose of determining whether a medical officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under subsection (a) all service performed as a contract surgeon, acting assistant surgeon, or contract physician, under a contract to serve full time and to take and change station as ordered.
(c)For the purpose of determining whether a dental officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under subsection (a) all service as a contract dental surgeon or acting dental surgeon.
(d)section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this section any time identified with respect to that officer under that section.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 8926(a) 8926(b)8926(c)10:951 (less applicability to 10:166g(a)).10:951a.10:951b (less applicability to 10:166g(a)).[Uncodified
June 18, 1878, ch. 263, § 7 (less applicability to 10:166g(a)), 20 Stat. 150.]10:953a (1st sentence).10:953a (less 1st sentence).
June 3, 1916, ch. 134, § 127a (6th par., less 1st 13 words, and less applicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amended); added
June 4, 1920, ch. 227, subch. I, § 51 (6th par., less 1st 13 words, and less applicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 41 Stat. 785.
May 23, 1928, ch. 716, 45 Stat. 720.
June 15, 1935, ch. 257 (less applicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 49 Stat. 377.
June 18, 1878, ch. 263, § 7 (less applicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 20 Stat. 150.
May 29, 1928, ch. 902, 45 Stat. 996; Jan. 29, 1938, ch. 12, § 2, 52 Stat. 8. Subsection (a) consolidates the various service computation provisions applicable to voluntary retirement of commissioned officers. Clause (1) is substituted for 10:951. Clause (2) is substituted for 10:951b. The words “pay period and”, in 10:951a, are omitted as superseded by section 202 of the Career Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233). The words “longevity pay and”, in section 7 of the Act of
June 18, 1878, ch. 263, 20 Stat. 150, are omitted for the same reason. The last sentence of section 7 of that act is omitted, since the distinction between limited and unlimited retired lists was abolished by section 201 of the Act of
June 29, 1948, ch. 708, 62 Stat. 1084. Clause (3) is inserted, since a person entitled to count service under section 8683 of this title might cease to be a nurse or woman medical specialist and thereafter become entitled to retire under one of the revised sections referred to in subsection (a) of this revised section. In subsection (b), the words “as a member of the Medical Reserve Corps”, in 10:953a, are omitted as covered by subsection (a)(1). The words “are computed by adding to his service under subsection (a)” are substituted for the words “shall be credited to the same extent as service under a Regular Army commission”. Subsection (c) is substituted for 10:953a (less 1st sentence).
Editorial Notes
Amendments
2021—Pub. L. 116–283, § 923(c)(19)(B), which directed amendment of subsec. (a) by substituting “the officer’s” for “his” wherever appearing, was executed by making the substitution wherever appearing in this section to reflect the probable intent of Congress. Subsec. (a). Pub. L. 116–283, § 923(c)(19)(A)(i), inserted “or the Space Force” after “of the Air Force” in introductory provisions. Subsec. (a)(1). Pub. L. 116–283, § 923(c)(19)(A)(ii), substituted “, the Air Force, or the Space Force” for “or the Air Force”. 2018—Pub. L. 115–232, § 806(b)(13), renumbered section 8926 of this title as this section. Subsecs. (a) to (c). Pub. L. 115–232, § 809(a), substituted “section 9311, 9318, or 9324” for “section 8911, 8918, or 8924”. 1996—Subsec. (d). Pub. L. 104–106 added subsec. (d). 1989—Subsec. (a)(1). Pub. L. 101–189, § 652(a)(7)(A)(i), inserted “and” after semicolon at end. Subsec. (a)(2). Pub. L. 101–189, § 652(a)(7)(A)(ii), substituted period for semicolon at end. Subsec. (a)(3), (4). Pub. L. 101–189, § 652(a)(7)(A)(iii), struck out pars. (3) and (4) which read as follows: “(3) all service computed under section 8683 of this title; and “(4) if an officer of the Regular Air Force, all active service performed as an officer of the Philippine Constabulary.” Subsec. (d). Pub. L. 101–189, § 652(a)(7)(B), struck out subsec. (d) which read as follows: “For the purpose of determining whether an Air Force nurse or medical specialist may be retired under section 8911 of this title, all service computed under section 8683 of this title, shall be treated as if it was service as a commissioned officer.” 1959—Subsec. (d). Pub. L. 86–197 added subsec. (d).
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
of 1996 AmendmentAmendment by Pub. L. 104–106 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 a note under section 972 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 9326
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73