§3853. Computation of years of service

For the purpose of determining whether a reserve commissioned officer may be transferred to the Retired Reserve, or discharged, under this chapter, his years of service are the sum of the following:

(1) The officer's years of service as a commissioned officer of any component of the armed forces or of the Army without specification of component.

(2) The officer's years of service in a federally recognized commissioned status in the National Guard if his service in the National Guard was continuous from the date of his Federal recognition as an officer in the National Guard to the date of his appointment in the National Guard of the United States.

(Added Pub. L. 85–861, §1(94), Sept. 2, 1958, 72 Stat. 1486 ; amended Pub. L. 86–559, §1(30), June 30, 1960, 74 Stat. 273 ; Pub. L. 86–651, title I, §115, Sept. 7, 1962, 76 Stat. 513 ; Pub. L. 96–513, title V, §512(9), Dec. 12, 1980, 94 Stat. 2929 ; Pub. L. 98–94, title X, §1016(a), Sept. 24, 1983, 97 Stat. 668 ; Pub. L. 103–337, div. A, title XVI, §1635(a), Oct. 5, 1994, 108 Stat. 2968 .)

Amendment of Section

For termination of amendment by section 1635(a) of Pub. L. 103–337, see Effective and Termination Dates of 1994 Amendment note below.

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3841 of this title.

Historical and Revision Notes
1956 Act

Revised section	Source (U.S. Code)	Source (Statutes at Large)
3853	50:1222(g) (less applicability to promotion).	Sept. 3, 1954, ch. 1257, §302(g) (less applicability to promotion), 68 Stat. 1153 .

The introductory clause is inserted to confine the applicability of the formula set forth in the revised subsection to those revised sections which are based on sections of the source statute containing the words "total years of service".

1962 Act

The change corrects a typographical error.

Amendments

1994-Pub. L. 103–337, §1635(a), temporarily substituted "the sum of the following:" for "the greater of-" in introductory provisions and pars. (1) and (2) for former pars. (1) and (2) and concluding provisions which read as follows:

"(1) the sum of (A) his years of service as a commissioned officer of any component of the armed forces or of the Army without specification of component, and (B) his years of service before June 15, 1933, as a commissioned officer in the federally recognized National Guard or in a federally recognized commissioned status in the National Guard, and in the National Guard after June 14, 1933, if his service therein was continuous from the date of his Federal recognition as an officer therein to the date of his appointment in the National Guard of the United States; and

"(2) the number of years by which his age exceeds 25 years.

No service may be counted more than once." See Effective and Termination Dates of 1994 Amendment note below.

1983-Pub. L. 98–94 temporarily amended cl. (1) by inserting "and" at end of subcl. (A) and striking out ", and (C) the years of service credited to him under section 3353 of this title or section 22 of Public Law 85–861" following subcl. (B), and struck out last sentence which provided that for a person credited with service under section 3353 of this title or section 22 of Public Law 85–861, no service before appointment could be counted. See Effective and Termination Dates of 1983 Amendment note below.

1980-Pub. L. 96–513 substituted "Public Law 85–861" for "the Act enacting this section" in two places.

1962-Pub. L. 87–651 substituted "section 22 of the Act" for "section 23 of the Act" in cl. (1).

1960-Pub. L. 86–559 included within cl. (1)(B) the years of service in the National Guard after June 14, 1933, if the officer's service therein was continuous from the date of his Federal recognition as an officer therein to the date of his appointment in the National Guard of the United States.

Effective and Termination Dates of 1994 Amendment

Section 1635(a) of Pub. L. 103–337 provided that the amendment made by that section was effective for the period beginning on Oct. 5, 1994, and ending on the effective date specified in section 1291 [probably means Oct. 1, 1996, as specified in section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title].

Section 1635(b) of Pub. L. 103–337 provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to transfers to the Retired Reserve and to discharges on or after the date of the enactment of this Act [Oct. 5, 1994]."

Effective and Termination Dates of 1983 Amendment

Amendment by Pub. L. 98–94 effective for the period beginning Oct. 1, 1983, and ending Sept. 30, 1995, see section 1016(d) of Pub. L. 98–94, as amended, set out as a note under section 3360 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Deferment of Discharge or Transfer to Retired Reserve of Certain Officers

Section 5 of Pub. L. 86–559 provided that: "Notwithstanding any other provision of law except section 1001 [now 12641] of title 10, United States Code, the discharge or transfer to the Retired Reserve (because of his length of service) of any reserve officer of the Army who-

"(1) was originally appointed as a reserve officer before September 3, 1954;

"(2) upon completing the number of years of service, computed under section 3853(2) of title 10, at which his discharge or transfer to the Retired Reserve would otherwise be required, has not, because of hardship or circumstances beyond his control, completed 20 years of service computed under section 1332 [now 12732] of title 10, but who could complete that amount of service before becoming 60 years of age; and

"(3) has remained in an active status since September 3, 1954;

may be deferred until he completes that amount of service if he can complete it before he becomes 60 years of age."

Section Referred to in Other Sections

This section is referred to in sections 123, 3848, 3850, 3851, 3852 of this title.