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

§2126 Members of the Program: Service Credit

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

Last updated Apr 3, 2026|Official source

Summary

Service time while you are a member of the program usually does not count toward retirement eligibility or toward years of service under 37 U.S.C. 205, except if you retire because of a physical disability that happened while on active duty as a program member. The Secretary in charge can allow time spent in a course of study under this subchapter to count if you finish the course, complete the active-duty obligation in 10 U.S.C. 2123(a), and have a specialty the Secretary calls critically needed in wartime. If allowed, that counted service only applies to giving retirement points (under 10 U.S.C. 12732) and to calculating retired pay (under 10 U.S.C. 12733). Each year of studied participation gives 50 points. Those 50 points are added at the end of a later year when you are in the Selected Reserve and earn at least 50 points under 10 U.S.C. 12732(a)(2), and they are recorded as earned in the year you participated. No more than four years of study can be counted. While studying you may be treated as in active status only for sections 10 U.S.C. 12732(a) and 12733(3). Receiving these service credits does not give any retroactive or increased pay or allowances under title 37.

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.