§ 9326. Computation of years of service: voluntary retirement; regular and reserve commissioned officers

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(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8926; Pub. L. 86–197, § 1(8), Aug. 25, 1959, 73 Stat. 426; Pub. L. 101–189, div. A, title VI, § 652(a)(7), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 104–106, div. A, title V, § 561(d)(4)(B), Feb. 10, 1996, 110 Stat. 323; renumbered § 9326 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(19), Jan. 1, 2021, 134 Stat. 3812.)

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 The words “pay period and”, in 10:951a, are omitted as superseded by section 202 of the Career Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233).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).

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