Constructive Service Credits to Medical and Dental Officers for Retired Pay Computation Purposes

The interpretation of legislation relating to service creditable to medical and dental officers for the purpose of retired pay computation was questioned. Under 37 U.S.C. 205, constructive service credit for professional education of such officers is reduced only by the amount of service during the period of professional education with which the member is otherwise credited, and 10 U.S.C. restricts the right of officers to count inactive service after May 1958 for retirement multiplier purposes. These provisions should be interpreted to permit an officer who was in the Reserves during professional training to receive the same amount of constructive service toward retirement he would be entitled to had he not been in the Reserves. However, any credit he might otherwise have accrued during the same period by reason of Reserve membership would not be for use in determining the multiplier for computation of retired pay.