(a) After a person is granted retired pay under this chapter, or is notified in accordance with section 12731(d) of this title that the person has completed the years of service required for eligibility for retired pay under this chapter, the person’s eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of service performed as required by section 12731(a)(2) of this title, unless it resulted directly from the fraud or misrepresentation of the person.
(b) The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination and when such a correction is made the person is entitled to retired pay in accordance with the number of years of creditable service, as corrected, from the date the person is granted retired pay.
Structure US Code
Subtitle E— Reserve Components
CHAPTER 1223— RETIRED PAY FOR NON-REGULAR SERVICE
§ 12731. Age and service requirements
§ 12731a. Temporary special retirement qualification authority
§ 12731b. Special rule for members with physical disabilities not incurred in line of duty
§ 12732. Entitlement to retired pay: computation of years of service
§ 12733. Computation of retired pay: computation of years of service
§ 12734. Time not creditable toward years of service
§ 12736. Service credited for retired pay benefits not excluded for other benefits
§ 12737. Limitation on active duty
§ 12738. Limitations on revocation of retired pay
§ 12739. Computation of retired pay
§ 12740. Eligibility: denial upon certain punitive discharges or dismissals