10 U.S.C. § 1038

Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)
Section 1038 - Service credit: certain service in Women's Army Auxiliary Corps

In computing years of active service of any female member of the armed forces, there shall be credited for all purposes, except the right to promotion, in addition to any other service that may be credited, all active service performed in the Women's Army Auxiliary Corps after May 13, 1942, and before September 30, 1943, if that member performed active service in the armed forces after September 29, 1943. Service as an officer in the Women's Army Auxiliary Corps shall be credited as active service in the status of a commissioned officer, and service as an enrolled member of the Corps shall be credited as active service in the status of an enlisted member.

10 U.S.C. § 1038

Added Pub. L. 86-142, §1(1), Aug. 7, 1959, 73 Stat. 289.

STATUTORY NOTES AND RELATED SUBSIDIARIES

ELECTION OF PENSION OR COMPENSATION Pub. L. 86-142, §2, Aug. 7, 1959, 73 Stat. 289, provided that a person entitled to a pension or compensation under any law administered by the Veterans' Administration, based on the active service described in section 1 of Pub. L. 86-142, which added section 1038 to Title 10, Armed Forces, could elect within 1 year after Aug. 7, 1959 to receive that pension or compensation in lieu of any compensation under the Federal Employees' Compensation Act; that such an election is irrevocable; and that the election does not entitle that person to the pension or compensation for any period before the date of election.

BACK PAY OR ALLOWANCESPub. L. 86-142, §3, Aug. 7, 1959, 73 Stat. 289, provided that: "No person is entitled to back pay or allowances because of any service credited under section 1 of this Act [enacting this section]."

active service
The term "active service" means service on active duty or full-time National Guard duty.
armed forces
The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
commissioned officer
The term "commissioned officer" includes a commissioned warrant officer.
enlisted member
The term "enlisted member" means a person in an enlisted grade.
officer
The term "officer" means a commissioned or warrant officer.
pay
The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.