10-U.S.C.-12734

§12734 – Time Not Creditable toward Years of Service

Pathway

Title 10 > Subtitle E > Part II > Chapter 1223 > Section 12734

Details

• Reference: Section 12734
• Legend: §12734 – Time Not Creditable toward Years of Service
• USCode Year: 2013

Provision Content

(a) Service in an inactive status may not be counted in any computation of years of service under this chapter.

(b) Time spent after retirement (without pay) for failure to conform to standards and qualifications prescribed under section 12641 of this title may not be credited in a computation of years of service under this chapter.

(Aug. 10, 1956, ch. 1041, 70A Stat. 104, §1334; Pub. L. 87–651, title I, §108, Sept. 7, 1962, 76 Stat. 509; renumbered §12734 and amended Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)

Subsection (a) is substituted for 10:1036c (1st 17 words of last sentence, as applicable to inactive status), 10:1036g (last 41 words of 2d sentence), 34:440k (last 17 words of last sentence, as applicable to inactive status), and 34:440o (last 41 words of 2d sentence). 10:1036c (proviso of last sentence, as applicable to inactive status) and 34:440k (proviso of last sentence, as applicable to inactive status) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, as applicable to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, as applicable to inactive status) are omitted as surplusage.

In subsection (b), 10:1036c (proviso of last sentence, less applicability to inactive status) and 34:440k (proviso of last sentence, less applicability to inactive status) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) are omitted as surplusage.

1962 Act

The change conforms section 1334(b) of title 10 to the source law, the last sentence of section 304 of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1089). Section 305 makes the change retroactive to August 10, 1956, the date of repeal of the source law by the original military codification act of that date.

Amendments

1994—Pub. L. 103–337 renumbered section 1334 of this title as this section and amended text generally, changing one section reference.

1962—Subsec. (b). Pub. L. 87–651 substituted retirement (without pay) for failure to conform to standards and qualifications prescribed under section 1001 of this title may not be credited in a computation for retirement or transfer to the Retired Reserve may not be credited in any computation.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1962 Amendment

Section 305 of Pub. L. 87–651 provided that: Section 108 of this Act [amending this section] is effective as of August 10, 1956, for all purposes. Section 304 of this Act is effective as of February 6, 1959.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-12683 in the Legal Encyclopedia: Army Reserve

In this entry about 10-U.S.C.-12683, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.

10-U.S.C.-12682 in the Legal Encyclopedia: Army Reserve Personnel

In this entry about 10-U.S.C.-12682, find legal reference material, bibliographies and premiere content related to army reserve personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve personnel-specific issues, written by authorities in the field.

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