10 U.S.C. § 972

Members: effect of time lost

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(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 February 10, 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.(c)Waiver of Recoupment of Time Lost for Confinement.—The Secretary concerned shall waive liability for a period of confinement in connection with a trial under subsection (a)(3), or exclusion of a period of confinement in connection with a trial under subsection (b)(3), in a case upon the occurrence of any of the following events:(1) For each charge—(A) the charge is dismissed before or during trial in a final disposition of the charge; or(B) the trial results in an acquittal of the charge.(2) For each charge resulting in a conviction in such trial—(A) the conviction is set aside in a final disposition of such charge, other than in a grant of clemency; or(B) a judgment of acquittal or a dismissal is entered upon a reversal of the conviction on appeal.(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; Pub. L. 105–85, div. A, title X, § 1073(a)(14), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 108–375, div. A, title V, § 572, Oct. 28, 2004, 118 Stat. 1921.)

Historical and Revision Notes
972	10 App.:629a. 34 App.:183b.	July 24, 1956, ch. 692, § 1, 70 Stat. 631.

Historical and Revision Notes

972

10 App.:629a.

34 App.:183b.

July 24, 1956, ch. 692, § 1, 70 Stat. 631.

Editorial NotesAmendments

2004—Subsec. (c). Pub. L. 108–375 added subsec. (c).

1997—Subsec. (b). Pub. L. 105–85 substituted “February 10, 1996” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996” in introductory provisions.

1996—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”.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Pub. L. 104–106, div. A, title V, § 561(e), Feb. 10, 1996, 110 Stat. 323, 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.”

Notes of Decisions

Cited in 39 cases (2 in the last 5 years), 1969–2025 · leading case: Clarence W. King v. Eric K. Shinseki, 26 Vet. App. 484 (Vet. App. 2014).

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Clarence W. King v. Eric K. Shinseki, 26 Vet. App. 484 (Vet. App. 2014). · cites it 4× “The form indicates that the appellant’s net active service, total active service, and total service for pay was one month and nine days, and that he had “time lost under 10 U.S.C. § 972 from 1 Jan[uary]-9 Aug[ust 19]67.”

Jones v. United States, 7 Cl. Ct. 673 (Ct. Cl. 1985). · cites it 4× “Moreover, defendant alleges that plaintiff’s retention in the service under 10 U.S.C. § 972 was insufficient, by itself, to support a claim for active duty pay.”

Richard G. Beaty v. Major Gen. T. A. Kenan, Commanding Officer, United States Army Training Ctr., Ford Ord, California, 420 F.2d 55 (9th Cir. 1969). · cites it 4× “The extent of that obligation determines the applicability of 10 U.S.C. § 972 , and if applicable, the additional time, if any, he must serve in the Army.”

Frank L. Gallegos, Jr. v. James B. Peake, 22 Vet. App. 329 (Vet. App. 2008). · cites it 2× “at 19, 176-77; see 10 U.S.C. § 972 . While in service, the appellant underwent a single treatment for "nervous tension" and "situational anxiety" attributed to his ongoing divorce proceedings.”

United States v. Wilson, 53 M.J. 327 (C.A.A.F. 2000). · cites it 2× “See 10 USC § 972 ; AFI 36-2604, para. 5.1. If this were not the case, members of the armed forces would be able to avoid difficult, dangerous, or otherwise unpleasant service without facing disciplinary action simply by remaining AWOL for the remaining period of their active…”

Austin v. United States, 206 Ct. Cl. 719 (Ct. Cl. 1975). “4a (1974), based on 10 U.S.C. § 972 (1970), which allows the Service to require an enlisted man to make up time lost when he, among other things: (2) is absent from his organization, station, or duty for more than one day without proper authority, as determined by competent…”

United States v. Self, 13 M.J. 132 (1982). “, to make up time lost by unauthorized absence as provided by 10 U.S.C. § 972 and paragraph 2-3c, AR 635-200 (June 1966).”

Roberts v. Commanding Gen., 314 F. Supp. 998 (D. Maryland 1970). · cites it 20× “10 U.S.C. § 972 , 1 to require such a sol *999 dier to serve a period of duty beyond the term for which he was inducted.”

Loeh v. United States, 53 Fed. Cl. 2 (Fed. Cl. 2002). “Under 10 U.S.C. § 972 (b)(3), any period in which an officer “is confined by military or civilian authorities for more than one day in connection with a trial, whether before, during, or after the trial .”

United States v. Hudson, 5 M.J. 413 (1978). “, to make up time lost by unauthorized absence as provided by 10 U.S.C. § 972 and paragraph 2-3c, AR 635-200 (June 1966).”

United States v. Hammond, 61 M.J. 676 (A.C.C.A. 2005). “See 10 U.S.C. § 972 (stating that servicemember is required to make up, as lost time, confinement for more than one day, whether before, during, or after trial, after return to full duty status, unless convictions are set aside and dismissed); see also Army Reg.”

United States v. Johnson, 26 M.J. 415 (1988). “Under 10 U.S.C. § 972 , an enlisted member may be required to serve an additional day of active duty for each day lost as a result of illness “or injury resulting from his own misconduct.”

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