Page:United States Statutes at Large Volume 110 Part 1.djvu/346

 110 STAT. 322 PUBLIC LAW 104-106—FEB. 10, 1996 (b) OFFICER SERVICE CREDIT. —Such section is further amended by adding at the end the following: " (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.". (c) CLERICAL AMENDMENTS.—(1) The heading of such section is amended to read as follows: "§ 972. Members: effect of time lost (2) The item relating to section 972 in the table of sections at the beginning of chapter 49 of such title is amended to read as follows: "972. Members: effect of time lost.". 10 USC 1405. (d) CONFORMING AMENDMENTS.— (1) Section 1405(c) is amended— (A) by striking out "MADE UP.—T ime" and inserting in lieu thereof "MADE UP OR EXCLUDED.—(1) Time"; (B) by striking out "section 972" and inserting in lieu thereof "section 972(a)"; (C) by inserting after "of this title" the following: ", or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,"; and (D) by adding at the end the following: "(2) Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.". (2) Chapter 367 of such title is amended— (A) in section 3925(b), by striking out "section 972" and inserting in lieu thereof "section 972(a)"; and (B) by adding at the end of section 3926 the following new subsection: "(e) Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.". (3)(A) Chapter 571 of such title is amended by inserting after section 6327 the following new section:

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