Source
(Added Pub. L. 96–513, title I, § 104(a), Dec. 12, 1980, 94 Stat. 2846; amended Pub. L. 97–22, § 3(c), July 10, 1981, 95 Stat. 125; Pub. L. 98–94, title X, § 1007(c)(1), Sept. 24, 1983, 97 Stat. 662; Pub. L. 100–180, div. A, title VII, § 714(a), Dec. 4, 1987, 101 Stat. 1112; Pub. L. 103–160, div. A, title V, § 509(a), Nov. 30, 1993, 107 Stat. 1647.)
Amendments
1993—Subsec. (b)(1)(A).
Pub. L. 103–160, § 509(a)(1), in second sentence, substituted “In determining” for “Except as provided in clause (E), in determining” and “advanced education required” for “postsecondary education in excess of four that are required”.
Subsec. (b)(1)(E), (F).
Pub. L. 103–160, § 509(a)(2), (3), redesignated subpar. (F) as (E) and struck out former subpar. (E) which read as follows: “Additional credit of one year for advanced education in a health profession if the number of years of baccalaureate education completed by 75 percent or more of the students entering advanced training in that health profession exceeds, by one or more, the minimum number of years of preprofessional education required by a majority of institutions which award degrees in that health profession. The percentage of such persons shall be computed on an annual basis for each health profession from the data for the year in which the person being appointed, designated, or assigned was admitted to a professional school. However, a person may not receive additional credit under this clause if the amount of his baccalaureate education does not exceed, by one or more, the minimum number of years of preprofessional education required by a majority of institutions which award degrees for that health profession, determined on the basis prescribed in the preceding sentence.”
1987—Subsec. (b)(1)(B).
Pub. L. 100–180 designated existing provisions as cl. (i) and added cl. (ii).
1983—Subsec. (a)(1).
Pub. L. 98–94 inserted “, the National Oceanic and Atmospheric Administration, or the Public Health Service”.
1981—Subsec. (b)(1)(A).
Pub. L. 97–22, § 3(c)(1), inserted “, designated, or assigned” in first sentence after “persons appointed” and substituted “Except as provided in clause (E), in determining the number of years of constructive service to be credited under this clause to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of postsecondary education in excess of four that are required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree” for “(Except as provided in clause (E), in determining the years of constructive service under this clause, the Secretary concerned shall grant credit for only the number of years normally required to complete the advanced education or receive the advanced degree”.
Subsec. (b)(1)(B).
Pub. L. 97–22, § 3(c)(2), substituted “appointment, designation, or assignment, if such advanced education” for “appointment as an officer, if such advanced education”.
Subsec. (b)(1)(E).
Pub. L. 97–22, § 3(c)(3), substituted “person being appointed, designated, or assigned was admitted” for “person being appointed was admitted”.
Subsec. (d)(1).
Pub. L. 97–22, § 3(c)(4), inserted provision that, in the case of an officer who completes advanced education or receives an advanced degree while on active duty or in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(1)(A) to the extent that the number of years normally required to complete such advanced education or receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained by the officer.
Subsec. (f).
Pub. L. 97–22, § 3(c)(5), substituted “A reserve officer (other than a warrant officer) who receives an original appointment as an officer (other than as a warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps shall (1) in the case of an officer on the active-duty list immediately before that appointment as a regular officer, be appointed in the same grade and with the same date of rank as the grade and date of rank held by the officer on the active-duty list immediately before the appointment; and (2) in the case of an officer not on the active-duty list immediately before that appointment as a regular officer, be appointed in the same grade and with the same date of rank as the grade and date of rank which the officer would have held had the officer been serving on the active-duty list on the date of the appointment as a regular officer” for “An officer of a reserve component who receives an original appointment as an officer (other than a warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps shall be appointed in the grade and with the date of rank to which he would have been entitled had he been serving on active duty as an officer of a reserve component on the date of such original appointment as a regular officer”.
Ratification of Service Credit Awarded Prior to November 30, 1993
Pub. L. 103–160, div. A, title V, § 509(e), Nov. 30, 1993,
107 Stat. 1648, provided that: “To the extent that service credit awarded before the date of the enactment of this Act [Nov. 30, 1993] under section
533,
3353,
5600, or
8353 of title
10, United States Code, based on advanced education in medicine or dentistry was awarded consistent with that section as amended by this section (whether or not properly awarded under that section as in effect before such amendment), the awarding of that service credit is hereby ratified.”
Transition Provision Under Defense Officer Personnel Management Act
For savings provision relating to constructive service previously granted, see section 625 of
Pub. L. 96–513, set out as a note under section
611 of this title.