§6328. Computation of years of service: voluntary retirement

(a) Enlisted Members.-Time required to be made up under section 972(a) of this title after February 10, 1996, may not be counted in computing years of service under this chapter.

(b) Officers.-Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this chapter any time identified with respect to that officer under that section.

(c) Time Spent in Seaman to Admiral Program.-The months of active service in pursuit of a baccalaureate-level degree under the Seaman to Admiral (STA–21) program of the Navy of officer candidates selected for the program on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 shall be excluded in computing the years of service of an officer who was appointed to the grade of ensign in the Navy upon completion of the program to determine the eligibility of the officer for retirement, unless the officer becomes subject to involuntary separation or retirement due to physical disability. Such active service shall be counted in computing the years of active service of the officer for all other purposes.

(Added Pub. L. 104–106, div. A, title V, §561(d)(3)(A), Feb. 10, 1996, 110 Stat. 322 ; amended Pub. L. 107–107, div. A, title X, §1048(c)(13), Dec. 28, 2001, 115 Stat. 1226 ; Pub. L. 111–84, div. A, title V, §505, Oct. 28, 2009, 123 Stat. 2277 .)

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, referred to in subsec. (c), is the date of enactment of Pub. L. 111–84, which was approved Oct. 28, 2009.

Prior Provisions

A prior section 6328, acts Aug. 10, 1956, ch. 1041, 70A Stat. 396 ; Sept. 24, 1983, Pub. L. 98–94, title IX, §923(c)(2), 97 Stat. 643 , related to treatment of fractions of years of service in computing retired pay, prior to repeal by Pub. L. 99–348, title II, §203(b)(5), July 1, 1986, 100 Stat. 696 .

Amendments

2009-Subsec. (c). Pub. L. 111–84 added subsec. (c).

2001-Subsec. (a). Pub. L. 107–107 substituted "February 10, 1996," for "the date of the enactment of this section".

Effective Date

Section effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 972 of this title.