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Title 10, Armed ForcesRelease 119-110

§972 Members: Effect of Time Lost

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 49 — MISCELLANEOUS PROHIBITIONS AND PENALTIES › § 972

Last updated Sep 22, 2026|Official source

Summary

If an enlisted member deserts, is absent without permission for more than one day, is held in custody for more than one day in connection with a trial, or cannot do duty for more than one day because of drug or alcohol abuse or a misconduct-related injury or illness, that person must serve extra time after returning to full duty so their total service equals the term they originally enlisted for. For officers (for conduct after February 10, 1996) the same kinds of time—desertion, unauthorized absence over one day, confinement over one day in connection with a trial, or inability to perform duties for over one day for the same reasons—may not be counted toward their length of service for any purpose except basic pay under section 205 of title 37. The Secretary must forgive making up or excluding confinement time if the charge is dropped, the person is acquitted, a conviction is set aside (not just by clemency), or a conviction is reversed on appeal and leads to an acquittal or dismissal.

Full Legal Text

Title 10, §972

Armed Forces, Source: USLM XML via OLRC

(a)Enlisted Members Required To Make Up Time Lost.—
An enlisted member of an armed force who—
(1)deserts;
(2)is absent from his organization, station, or duty for more than one day without proper authority, as determined by competent authority;
(3)is confined by military or civilian authorities for more than one day in connection with a trial, whether before, during, or after the trial; or
(4)is unable for more than one day, as determined by competent authority, to perform his duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from his misconduct;
is liable, after his return to full duty, to serve for a period that, when added to the period that he served before his absence from duty, amounts to the term for which he was enlisted or inducted.
(b)Officers Not Allowed Service Credit for Time Lost.—
In the case of an officer of an armed force who after February 10, 1996—
(1)deserts;
(2)is absent from his organization, station, or duty for more than one day without proper authority, as determined by competent authority;
(3)is confined by military or civilian authorities for more than one day in connection with a trial, whether before, during, or after the trial; or
(4)is unable for more than one day, as determined by competent authority, to perform his duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from his misconduct;
the period of such desertion, absence, confinement, or inability to perform duties may not be counted in computing, for any purpose other than basic pay under section 205 of title 37, the officer’s length of service.
(c)Waiver of Recoupment of Time Lost for Confinement.—
The Secretary concerned shall waive liability for a period of confinement in connection with a trial under subsection (a)(3), or exclusion of a period of confinement in connection with a trial under subsection (b)(3), in a case upon the occurrence of any of the following events:
(1)For each charge—
(A)the charge is dismissed before or during trial in a final disposition of the charge; or
(B)the trial results in an acquittal of the charge.
(2)For each charge resulting in a conviction in such trial—
(A)the conviction is set aside in a final disposition of such charge, other than in a grant of clemency; or
(B)a judgment of acquittal or a dismissal is entered upon a reversal of the conviction on appeal.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 97210 App.:629a.34 App.:183b.July 24, 1956, ch. 692, § 1, 70 Stat. 631.

Editorial Notes

Amendments

2004—Subsec. (c). Pub. L. 108–375 added subsec. (c). 1997—Subsec. (b). Pub. L. 105–85 substituted “February 10, 1996” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996” in introductory provisions. 1996—Pub. L. 104–106, § 561(c)(1), substituted “Members: effect of time lost” for “Enlisted members: required to make up time lost” as section catchline. Pub. L. 104–106, § 561(a), designated existing provisions as subsec. (a), inserted heading, added par. (3), redesignated par. (5) as (4), struck out former pars. (3) and (4), and added subsec. (b). Prior to amendment, subsec. (a)(3) and (4) read as follows: “(3) is confined for more than one day while awaiting trial and disposition of his case, and whose conviction has become final; “(4) is confined for more than one day under a sentence that has become final; or”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 Amendment Pub. L. 104–106, div. A, title V, § 561(e), Feb. 10, 1996, 110 Stat. 323, provided that: “The

Amendments

made by this section [enacting section 6328 of this title and amending this section and section 1405, 3925, 3926, 8925, and 8926 of this title] shall take effect on the date of the enactment of this Act [Feb. 10, 1996] and shall apply to any period of time covered by section 972 of title 10, United States Code, that occurs after that date.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 972

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110