U.S. Code » Title 10 » Subtitle Subtitle E— Reserve Components › Part PART III— PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › Chapter CHAPTER 1409— CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL

10 U.S.C. § 14706

Computation of total years of service

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(a) For the purpose of this chapter and chapter 1407 of this title, a Reserve officer’s years of service include all service of the officer as a commissioned officer of a uniformed service other than the following:(1) Service as a warrant officer.(2) Constructive service.(3) Service after appointment as a commissioned officer of a reserve component while in a program of advanced education to obtain the first professional degree required for appointment, designation, or assignment to a professional specialty, but only if that service occurs before the officer commences initial service on active duty or initial service in the Ready Reserve in the specialty that results from such a degree.(b) The exclusion under subsection (a)(3) does not apply to service performed by an officer who previously served on active duty or participated as a member of the Ready Reserve in other than a student status for the period of service preceding the member’s service in a student status.(c) For purposes of subsection (a)(3), an officer shall be considered to be in a professional specialty if the officer is appointed or assigned to the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service Corps, the Nurse Corps, or the Army Medical Specialists Corps or is designated as a chaplain or judge advocate.(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2957; amended Pub. L. 106–65, div. A, title V, § 515, Oct. 5, 1999, 113 Stat. 594.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in sections 3853 and 8853 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(3), (c)(3).

Amendments

1999—Pub. L. 106–65 amended text generally. Prior to amendment, text read as follows: “For the purpose of this chapter and chapter 1407 of this title, a reserve officer’s years of service include all service, other than constructive service, of the officer as a commissioned officer of any uniformed service (other than service as a warrant officer).”

Statutory Notes and Related SubsidiariesEffective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2019–2022 · leading case: Hirsch v. United States (Fed. Cl. 2021).
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Hirsch v. United States (Fed. Cl. 2021). · cites it 20× “Specifically, he argues that his service during law school should have been excluded from the Army’s computation of the length of his commissioned service under the statutory exclusion in 10 U.S.C. § 14706 (a)(3). The ABCMR found that the plaintiff is not eligible for that…”
Hirsch v. United States (Fed. Cl. 2021). · cites it 9× “10 U.S.C. § 14706 (a)(3). The plaintiff argued that, contrary to the ABCMR’s decision, subsection (a)(3) should have led to the exclusion of his reserve service during law school from the calculation of his mandatory removal date.”
Hirsch v. United States (Fed. Cir. 2022). · cites it 3× “In support of his argument, LTC Hirsch pointed to 10 U.S.C. § 14706 , which provides that certain periods of service are excluded from the Army’s 28-year calculation.”
Hirsch v. United States (Fed. Cir. 2022). · cites it 3× “In support of his argument, LTC Hirsch pointed to 10 U.S.C. § 14706 , which provides that certain periods of service are excluded from the Army’s 28-year calculation.”
Hirsch v. United States (Fed. Cl. 2019). · cites it 2× “§ 14507 (a)1 by virtue of the effect of 10 U.S.C. § 14706 (a)(3).2 The plaintiff urges that, as a result of the Army’s legal error in not excluding the period of the plaintiff’s law school education from its calculation of his length of service, he was discharged three years too…”
Hirsch v. United States (Fed. Cl. 2019). “The plaintiff argues that by virtue of 10 U.S.C. §§ 14706 and 14707(a) 1 The Court makes no finding of facts herein and accepts as true all well-pleaded factual allegations in the Complaint.”
Hirsch v. United States (Fed. Cl. 2019). “The plaintiff argues that by virtue of 10 U.S.C. §§ 14706 and 14707(a) 1 The Court makes no finding of facts herein and accepts as true all well-pleaded factual allegations in the Complaint.”
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