10 U.S.C. § 972 : US Code - Section 972: Members: effect of time lost

Search 10 U.S.C. § 972 : US Code - Section 972: Members: effect of time lost

(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.