1996 US Code
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES
Sec. 972 - Members: effect of time lost
View MetadataPublication Title | United States Code, 1994 Edition, Supplement 2, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES Sec. 972 - Members: effect of time lost |
Contains | section 972 |
Date | 1996 |
Laws in Effect as of Date | January 6, 1997 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 70 Stat. 631 72 Stat. 1443 110 Stat. 321 |
Public Law References | Public Law 85-861, Public Law 104-106 |
§972. Members: effect of time lost
(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 the date of the enactment of the National Defense Authorization Act for Fiscal Year 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
(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;
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.
(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.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
972 | 10 App.:629a. 34 App.:183b. | July 24, 1956, ch. 692, §1, 70 Stat. 631. |
The date of the enactment of the National Defense Authorization Act for Fiscal Year 1996, referred to in subsec. (b), is the date of enactment of Pub. L. 104–106, which was approved Feb. 10, 1996.
Amendments1996—Pub. L. 104–106, §561(c)(1), substituted “Members: effect of time lost” for “Enlisted members: required to make up time lost” as section catchline.
Pub. L. 104–106, §561(a), designated existing provisions as subsec. (a), inserted heading, added par. (3), redesignated par. (5) as (4), struck out former pars. (3) and (4), and added subsec. (b). Prior to amendment, subsec. (a)(3) and (4) read as follows:
“(3) is confined for more than one day while awaiting trial and disposition of his case, and whose conviction has become final;
“(4) is confined for more than one day under a sentence that has become final; or”.
Effective Date of 1996 AmendmentSection 561(e) of Pub. L. 104–106 provided that: “The amendments made by this section [enacting section 6328 of this title and amending this section and sections 1405, 3925, 3926, 8925, and 8926 of this title] shall take effect on the date of the enactment of this Act [Feb. 10, 1996] and shall apply to any period of time covered by section 972 of title 10, United States Code, that occurs after that date.”
Cross ReferencesAbsence without leave, punishment, see section 886 of this title.
Retirement, years of service to exclude time made up under this section, see sections 3925 and 8925 of this title.
Section Referred to in Other SectionsThis section is referred to in sections 507, 1405, 3925, 3926, 6328, 8925, 8926 of this title.
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