37 U.S.C. § 205 : US Code - Section 205: Computation: service creditable

Search 37 U.S.C. § 205 : US Code - Section 205: Computation: service creditable

(a) Subject to subsections (b) and (c), for the purpose of
computing the basic pay of a member of a uniformed service, his
years of service are computed by adding -
(1) all periods of active service as an officer, Army field
clerk, flight officer, aviation midshipman, or enlisted member of
a uniformed service;
(2) all periods during which he was enlisted or held an
appointment as an officer, Army field clerk, or flight officer of
-
(A) a regular component of a uniformed service;
(B) the Regular Army Reserve;
(C) the Organized Militia before July 1, 1916;
(D) the National Guard;
(E) the National Guard Reserve;
(F) a reserve component of a uniformed service;
(G) the Naval Militia;
(H) the National Naval Volunteers;
(I) the Navy Reserve Force;
(J) the Army without specification of component;
(K) the Air Force without specification of component;
(L) the Marine Corps Reserve Force;
(M) the Philippine Scouts; or
(N) the Philippine Constabulary;
(3) for a commissioned officer in service on June 30, 1922, all
service that was then counted in computing longevity pay and all
service as a contract surgeon serving full time;
(4) all periods during which he held an appointment as a nurse,
reserve nurse, or commissioned officer in the Army Nurse Corps as
it existed at any time before April 16, 1947, the Navy Nurse
Corps as it existed at any time before April 16, 1947, or the
Public Health Service, or a reserve component of any of them;
(5) all periods during which he was a deck officer or junior
engineer in the National Oceanic and Atmospheric Administration;
(6) all periods that, under law in effect on January 10, 1962,
were authorized to be credited in computing basic pay; and
(7) all periods while -
(A) on a temporary disability retired list, honorary retired
list, or a retired list of a uniformed service;
(B) entitled to retired pay, retirement pay, or retainer pay,
from a uniformed service or the Department of Veterans Affairs,
as a member of the Fleet Reserve or the Fleet Marine Corps
Reserve; or
(C) a member of the Honorary Reserve of the Officers' Reserve
Corps or the Organized Reserve Corps.
Except for any period of active service described in clause (1) and
except as provided by subsections (b), (c), and (d) of section 1402
and subsections (b), (c), and (d) of section 1402a of title 10, a
period of service described in clauses (2) through (7) that is
performed while on a retired list, in a retired status, or in the
Fleet Reserve or Fleet Marine Corps Reserve, may not be included to
increase retired pay, retirement pay, or retainer pay. For the
purpose of clause (5), periods during which a member was a deck
officer or junior engineer in the National Oceanic and Atmospheric
Administration includes periods during which a member was a deck
officer or junior engineer in the Environmental Science Services
Administration or the Coast and Geodetic Survey.
(b) A period of time may not be counted more than once under
subsection (a).
(c) The periods of service authorized to be counted under
subsection (a) shall, under regulations prescribed by the Secretary
concerned, include service performed by a member of a uniformed
service before he became 18 years of age.
(d) Notwithstanding subsection (a), a commissioned officer may
not count in computing basic pay a period of service after October
13, 1964, that the officer performed concurrently as a member of
the Senior Reserve Officers' Training Corps, except for service
that the officer performed on or after August 1, 1979, other than
for training as an enlisted member of the Selected Reserve may be
so counted.
(e)(1) Notwithstanding subsection (a), a period of service
described in paragraph (2) of a member who enlists in a reserve
component may not be counted under this section.
(2) Paragraph (1) applies to the following service:
(A) Service performed while a member of a reserve component
under an enlistment under section 12103(b) or 12103(d) of title
10 before the member begins service on active duty under such
section (including a period of active duty for training) unless
the member performs inactive-duty training before beginning
service on active duty or active duty for training;
(B) Service performed while a member of a reserve component
under an enlistment under section 513 of title 10 (other than a
period of active duty to which the member is ordered under
chapter 1209 of title 10 or another provision of law).
(f) Notwithstanding subsection (a), the periods of service of a
commissioned officer appointed under section 12203 of title 10
after receiving financial assistance under section 16401 of such
title that are counted under this section may not include a period
of service after January 1, 2000, that the officer performed
concurrently as an enlisted member of the Marine Corps Platoon
Leaders Class program and the Marine Corps Reserve, except that
service after that date that the officer performed before
commissioning (concurrently with the period of service as a member
of the Marine Corps Platoon Leaders Class program) as an enlisted
member on active duty or as a member of the Selected Reserve may be
so counted.