10 USC 8853: Computation of years of service
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10 USC 8853: Computation of years of service Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle D-Air ForcePART II-PERSONNELCHAPTER 863-SEPARATION OR TRANSFER TO RETIRED RESERVE

§8853. 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 computed by adding-

(1) all service as a commissioned officer of any armed force; and

(2) all 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.


No service may be counted more than once.

(Added Pub. L. 85–861, §1(192), Sept. 2, 1958, 72 Stat. 1538 ; amended Pub. L. 86–559, §1(75), June 30, 1960, 74 Stat. 280 ; Pub. L. 98–94, title X, §1016(c), Sept. 24, 1983, 97 Stat. 668 .)

Amendment of Section

For termination of amendment by section 1016(d) of Pub. L. 98–94, see Effective and Termination Dates of 1983 Amendment note below.

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 8841 of this title.

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8853 50:1331(b)(5) (less applicability to promotion). Sept. 3, 1954, ch. 1257, §501(b)(5) (less applicability to promotion), 68 Stat. 1172 .

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

Amendments

1983-Pub. L. 98–94 temporarily inserted "and" at end of cl. (1), substituted a period for "; and" at end of cl. (2), and struck out cl. (3) which read as follows: "all service credited to him under section 8353 of this title." See Effective and Termination Dates of 1983 Amendment note below.

1960-Pub. L. 86–559 included within cl. (2) 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 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.

Section Referred to in Other Sections

This section is referred to in sections 123, 8848, 8850, 8851, 8852 of this title.