§ 972. Members: effect of time lost

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(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

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.

(Added Pub. L. 85–861, § 1(20), Sept. 2, 1958, 72 Stat. 1443; amended Pub. L. 104–106, div. A, title V, § 561(a)–(c)(1), Feb. 10, 1996, 110 Stat. 321, 322; Pub. L. 105–85, div. A, title X, § 1073(a)(14), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 108–375, div. A, title V, § 572, Oct. 28, 2004, 118 Stat. 1921.)

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U.S. Code

statutes-at-large

Public Law 104–106
To authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to reform acquisition laws and informa

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U.S. Code

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Pub. L. 85–861, § 1(20)
72 Stat. 1443
Pub. L. 104–106, div. A, title V, § 561(a)
110 Stat. 321
Pub. L. 105–85, div. A, title X, § 1073(a)(14)
111 Stat. 1900
Pub. L. 108–375, div. A, title V, § 572
118 Stat. 1921
Pub. L. 108–375
Pub. L. 105–85
Pub. L. 104–106, § 561(c)(1)
Pub. L. 104–106, § 561(a)
Pub. L. 104–106, div. A, title V, § 561(e)
110 Stat. 323

Citation graph

cites case law

§ 972

Members: effect of time lost

U.S.C.×34

Fed. Reg.×7

Stat.×1

U.S.C.§ 205

U.S.C.§ 6328

U.S.C.§ 972

Pub. L.Pub. L. 85–861, § 1(20)

Stat.72 Stat. 1443

Pub. L.Pub. L. 104–106, div. A, title V, § 561(a)

Stat.110 Stat. 321

Pub. L.Pub. L. 105–85, div. A, title X, § 1073(a)(14)

Cites 17 · showing 8Cited by 42 across 3 sources