US (United States) Code. Title 10. Subtitle E: Reserve Components. Chapter 1407: Failure of selection

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Promotion and retention of Officers on the Reserve Active-Status List. Involuntary separation

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-CITE-

10 USC CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION

AND INVOLUNTARY SEPARATION 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

.

-HEAD-

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-MISC1-

Sec.

14501. Failure of selection for promotion.

14502. Special selection boards: correction of errors.

14503. Discharge of officers with less than five years of

commissioned service or found not qualified for promotion to

first lieutenant or lieutenant (junior grade).

14504. Effect of failure of selection for promotion: reserve first

lieutenants of the Army, Air Force, and Marine Corps and reserve

lieutenants (junior grade) of the Navy.

14505. Effect of failure of selection for promotion: reserve

captains of the Army, Air Force, and Marine Corps and reserve

lieutenants of the Navy.

14506. Effect of failure of selection for promotion: reserve majors

of the Army, Air Force, and Marine Corps and reserve lieutenant

commanders of the Navy.

14507. Removal from the reserve active-status list for years of

service: reserve lieutenant colonels and colonels of the Army,

Air Force, and Marine Corps and reserve commanders and captains

of the Navy.

14508. Removal from the reserve active-status list for years of

service: reserve general and flag officers.

14509. Separation at age 60: reserve officers in grades below

brigadier general or rear admiral (lower half).

14510. Separation at age 60: reserve brigadier generals and rear

admirals (lower half).

14511. Separation at age 62: major generals and rear admirals.

14512. Separation at age 64: officers holding certain offices.

14513. Failure of selection for promotion: transfer, retirement, or

discharge.

14514. Discharge or retirement for years of service or after

selection for early removal.

14515. Discharge or retirement for age.

14516. Separation to be considered involuntary.

14517. Entitlement of officers discharged under this chapter to

separation pay.

14518. Continuation of officers to complete disciplinary action.

14519. Deferment of retirement or separation for medical reasons.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title V, Sec. 522(b), Dec. 2,

2002, 116 Stat. 2541, added item 14519.

2001 - Pub. L. 107-107, div. A, title V, Sec. 517(b)(2)(B), Dec.

28, 2001, 115 Stat. 1094, substituted ''Failure of selection for

promotion: transfer, retirement, or discharge'' for ''Separation

for failure of selection of promotion'' in item 14513.

1999 - Pub. L. 106-65, div. A, title V, Sec. 511(b), Oct. 5,

1999, 113 Stat. 592, added item 14518.

1996 - Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(27), Feb.

10, 1996, 110 Stat. 497, inserted ''reserve'' after ''Marine Corps

and'' in item 14506, ''reserve'' after ''Removal from the'' in item

14507, and ''in grades'' after ''reserve officers'' in item 14509.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 12645, 12646, 12647,

14001, 14006, 14703, 14706 of this title; title 32 section 323.

-CITE-

10 USC Sec. 14501 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14501. Failure of selection for promotion

-STATUTE-

(a) Officers Below the Grade of Colonel or Navy Captain. - An

officer on the reserve active-status list in a grade below the

grade of colonel or, in the case of an officer in the Naval

Reserve, captain who is in or above the promotion zone established

for that officer's grade and competitive category and who (1) is

considered but not recommended for promotion (other than by a

vacancy promotion board), or (2) declines to accept a promotion for

which selected (other than by a vacancy promotion board), shall be

considered to have failed of selection for promotion.

(b) Officers Twice Failed of Selection. - An officer shall be

considered for all purposes to have twice failed of selection for

promotion if any of the following applies:

(1) The officer is considered but not recommended for promotion

a second time by a mandatory promotion board convened under

section 14101(a) or a special selection board convened under

section 14502(a) of this title.

(2) The officer declines to accept a promotion for which

recommended by a mandatory promotion board convened under section

14101(a) or a special selection board convened under section

14502(a) or 14502(b) of this title after previously failing of

selection or after the officer's name was removed from the report

of a selection board under section 14111(b) or from a promotion

list under section 14310 of this title after recommendation for

promotion by an earlier selection board described in subsection

(a).

(3) The officer's name has been removed from the report of a

selection board under section 14111(b) or from a promotion list

under section 14310 of this title after recommendation by a

mandatory promotion board convened under section 14101(a) or by a

special selection board convened under section 14502(a) or

14502(b) of this title and -

(A) the officer is not recommended for promotion by the next

mandatory promotion board convened under section 14101(a) or

special selection board convened under section 14502(a) of this

title for that officer's grade and competitive category; or

(B) the officer's name is again removed from the report of a

selection board under section 14111(b) or from a promotion list

under section 14310 of this title.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2946; amended Pub. L. 104-106, div. A, title XV,

Sec. 1501(b)(28), Feb. 10, 1996, 110 Stat. 498.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106 inserted heading.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE

Chapter effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L.

103-337, set out as a note under section 10001 of this title.

CONTINUATION ON RESERVE ACTIVE-STATUS LIST OF CERTAIN RESERVE

COLONELS OF ARMY AND AIR FORCE

Section 1681 of title XVI of div. A of Pub. L. 103-337 provided

that:

''(a) Continuation Under Old Law. - Except as provided in

subsection (b), a reserve officer of the Army or the Air Force who,

on the effective date of this title (Oct. 1, 1996, see section

1691(b)(1), (2) of Pub. L. 103-337, set out as an Effective Date

note under section 10001 of this title) -

''(1) is subject to placement on the reserve active-status list

of the Army or the Air Force; and

''(2)(A) holds the reserve grade of colonel, (B) is on a list

of officers recommended for promotion to the reserve grade of

colonel, or (C) has been nominated by the President for

appointment in the reserve grade of colonel,

shall continue to be subject to mandatory transfer to the Retired

Reserve or discharge from the officer's reserve appointment under

section 3851 or 8851 of title 10, United States Code, as in effect

on the day before the effective date of this title.

''(b) Exemption. - This section does not apply to an officer who

is -

''(1) sooner transferred from an active status or discharged

under some other provision of law;

''(2) promoted to a higher grade, unless the officer was on a

list of officers recommended for promotion to the reserve grade

of colonel before the effective date of this title; or

''(3) continued on the reserve active-status list under section

14701 of title 10, United States Code, as added by this title.''

MANDATORY SEPARATION FOR AGE FOR CERTAIN RESERVE OFFICERS OF NAVY

AND MARINE CORPS

Section 1690 of title XVI of div. A of Pub. L. 103-337 provided

that:

''(a) Savings Provisions for Required Separation Age. - A reserve

officer of the Navy or the Marine Corps -

''(1) who -

''(A) on the effective date of this title (Oct. 1, 1996, see

section 1691(b)(1), (2) of Pub. L. 103-337, set out as an

Effective Date note under section 10001 of this title) is in an

active status, and

''(B) on the day before the effective date of this title was

an officer described in section 6389(e), 6397(a), 6403(a), or

6403(b) of title 10, United States Code; and

''(2) who, on or after the effective date of this title is

subject to elimination from an active status under any provision

of such title,

is entitled to be treated as that officer would have been treated

under section 6397 or 6403 as applicable, as in effect on the day

before the effective date of this title, if that treatment would

result in the date for the officer's separation from an active

status being a later date than the date established under the law

in effect on or after the effective date of this title.

''(b) Savings Provisions for Mandatory Separation for Age. - An

officer who was initially appointed in the Naval Reserve or the

Marine Corps Reserve before January 1, 1953, and who cannot

complete 20 years of service computed under section 12732 of this

title before he becomes 62 years of age, but can complete this

service by the time he becomes 64 years of age, may be retained in

an active status not later than the date he becomes 64 years of

age.

''(c) An officer who was initially appointed in the Naval Reserve

or the Marine Corps Reserve before the effective date of this

title, and who cannot complete 20 years of service computed under

section 12732 of this title before he becomes 60 years of age, but

can complete this service by the time he becomes 62 years of age,

may be retained in an active status not later than the date he

becomes 62 years of age.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14315, 14316 of this

title.

-CITE-

10 USC Sec. 14502 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14502. Special selection boards: correction of errors

-STATUTE-

(a) Officers Not Considered Because of Administrative Error. -

(1) In the case of an officer or former officer who the Secretary

of the military department concerned determines was not considered

for selection for promotion from in or above the promotion zone by

a mandatory promotion board convened under section 14101(a) of this

title because of administrative error, or whose name was not placed

on an all-fully-qualified-officers list under section 14308(b)(4)

of this title because of administrative error, the Secretary

concerned shall convene a special selection board under this

subsection to determine whether such officer or former officer

should be recommended for promotion. Any such board shall be

convened under regulations prescribed by the Secretary of Defense

and shall be appointed and composed in accordance with section

14102 of this title and shall include the representation of

competitive categories required by that section. The members of a

board convened under this subsection shall be required to take an

oath in the same manner as prescribed in section 14103 of this

title.

(2) A special selection board convened under this subsection

shall consider the record of the officer or former officer as that

record would have appeared to the promotion board that should have

considered the officer or former officer. That record shall be

compared with a sampling of the records of those officers of the

same grade and competitive category who were recommended for

promotion and those officers of the same grade and competitive

category who were not recommended for promotion by that board.

(3) If a special selection board convened under paragraph (1)

does not recommend for promotion an officer or former officer in a

grade below the grade of colonel or, in the case of an officer or

former officer of the Navy, captain, whose name was referred to it

for consideration, the officer or former officer shall be

considered to have failed of selection for promotion.

(b) Officers Considered But Not Selected; Material Error. - (1)

In the case of an officer or former officer who was eligible for

promotion and was considered for selection for promotion from in or

above the promotion zone under this chapter by a selection board

but was not selected, the Secretary of the military department

concerned may, under regulations prescribed by the Secretary of

Defense, convene a special selection board under this subsection to

determine whether the officer or former officer should be

recommended for promotion, if the Secretary determines that -

(A) the action of the selection board that considered the

officer or former officer was contrary to law or involved

material error of fact or material administrative error; or

(B) the selection board did not have before it for its

consideration material information.

(2) A special selection board convened under paragraph (1) shall

be appointed and composed in accordance with section 14102 of this

title (including the representation of competitive categories

required by that section), and the members of such a board shall

take an oath in the same manner as prescribed in section 14103 of

this title.

(3) Such board shall consider the record of the officer or former

officer as that record, if corrected, would have appeared to the

selection board that considered the officer or former officer.

That record shall be compared with a sampling of the records of

those officers of the same grade and competitive category who were

recommended for promotion and those officers of the same grade and

competitive category who were not recommended for promotion by that

board.

(4) If a special selection board convened under paragraph (1)

does not recommend for promotion an officer or former officer in

the grade of lieutenant colonel or commander or below whose name

was referred to it for consideration, the officer or former officer

shall be considered to have failed of selection for promotion by

the board which did consider the officer but incurs no additional

failure of selection for promotion from the action of the special

selection board.

(c) Report. - Each special selection board convened under this

section shall submit to the Secretary of the military department

concerned a written report, signed by each member of the board,

containing the name of each officer it recommends for promotion and

certifying that the board has considered carefully the record of

each officer whose name was referred to it.

(d) Applicable Provisions. - The provisions of sections 14104,

14109, 14110, and 14111 of this title apply to the report and

proceedings of a special selection board convened under this

section in the same manner as they apply to the report and

proceedings of a promotion board convened under section 14101(a) of

this title.

(e) Appointment of Officers Recommended for Promotion. - (1) An

officer whose name is placed on a promotion list as a result of

recommendation for promotion by a special selection board convened

under this section, shall, as soon as practicable, be appointed to

the next higher grade in accordance with the law and policies which

would have been applicable had he been recommended for promotion by

the board which should have considered or which did consider him.

(2) An officer who is promoted to the next higher grade as the

result of the recommendation of a special selection board convened

under this section shall, upon such promotion, have the same date

of rank, the same effective date for the pay and allowances of that

grade, and the same position on the reserve active-status list as

the officer would have had if the officer had been recommended for

promotion to that grade by the selection board which should have

considered, or which did consider, the officer.

(3) If the report of a special selection board convened under

this section, as approved by the President, recommends for

promotion to the next higher grade an officer not currently

eligible for promotion or a former officer whose name was referred

to it for consideration, the Secretary concerned may act under

section 1552 of this title to correct the military record of the

officer or former officer to correct an error or remove an

injustice resulting from not being selected for promotion by the

board which should have considered, or which did consider, the

officer.

(f) Time Limits for Consideration. - The Secretary of Defense may

prescribe by regulation the circumstances under which consideration

by a special selection board is contingent upon application for

consideration by an officer or former officer and time limits

within which an officer or former officer must make such

application in order to be considered by a special selection board

under this section.

(g) Limitation of Other Jurisdiction. - No official or court of

the United States shall have power or jurisdiction -

(1) over any claim based in any way on the failure of an

officer or former officer of the armed forces to be selected for

promotion by a selection board convened under chapter 1403 of

this title until -

(A) the claim has been referred to a special selection board

by the Secretary concerned and acted upon by that board; or

(B) the claim has been rejected by the Secretary without

consideration by a special selection board; or

(2) to grant any relief on such a claim unless the officer or

former officer has been selected for promotion by a special

selection board convened under this section to consider the

officer's claim.

(h) Judicial Review. - (1) A court of the United States may

review a determination by the Secretary concerned under subsection

(a)(1), (b)(1), or (e)(3) not to convene a special selection

board. If a court finds the determination to be arbitrary or

capricious, not based on substantial evidence, or otherwise

contrary to law, it shall remand the case to the Secretary

concerned, who shall provide for consideration of the officer or

former officer by a special selection board under this section.

(2) If a court finds that the action of a special selection board

which considers an officer or former officer was contrary to law or

involved material error of fact or material administrative error,

it shall remand the case to the Secretary concerned, who shall

provide the officer or former officer reconsideration by a new

special selection board.

(i) Designation of Boards. - The Secretary of the military

department concerned may designate a promotion board convened under

section 14101(a) of this title as a special selection board

convened under this section. A board so designated may function in

both capacities.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2947; amended Pub. L. 107-107, div. A, title V,

Sec. 505(c)(3)(B), Dec. 28, 2001, 115 Stat. 1088.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 5904 of this title, prior to repeal by Pub. L. 103-337,

Sec. 1629(b)(2).

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-107 inserted ''or whose name

was not placed on an all-fully-qualified-officers list under

section 14308(b)(4) of this title because of administrative

error,'' after ''because of administrative error,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1558, 14108, 14301,

14304, 14308, 14312, 14316, 14317, 14501 of this title.

-CITE-

10 USC Sec. 14503 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14503. Discharge of officers with less than five years of

commissioned service or found not qualified for promotion to

first lieutenant or lieutenant (junior grade)

-STATUTE-

(a) Authorized Discharges. - The Secretary of the military

department concerned may discharge any reserve officer who -

(1) has less than five years of service in an active status as

a commissioned officer; or

(2) is serving in the grade of second lieutenant or ensign and

has been found not qualified for promotion to the grade of first

lieutenant or lieutenant (junior grade).

(b) Time for Discharge. - (1) An officer described in subsection

(a)(2) -

(A) may be discharged at any time after being found not

qualified for promotion; and

(B) if not sooner discharged, shall be discharged at the end of

the 18-month period beginning on the date on which the officer is

first found not qualified for promotion.

(2) Paragraph (1) shall not apply if the officer is sooner

promoted.

(c) Regulations. - Discharges under this section shall be made

under regulations prescribed by the Secretary of Defense and may be

made without regard to section 12645 of this title.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2949.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsecs. (a) and (b) of this

section were contained in sections 3819(b) and 8819(c) of this

title, prior to repeal by Pub. L. 103-337, Sec. 1629(a)(2), (c)(2).

RIGHTS FOR OFFICERS WITH OVER THREE YEARS SERVICE

Section 1689 of title XVI of div. A of Pub. L. 103-337 provided

that: ''A reserve officer of the Army, Navy, Air Force, or Marine

Corps who was in an active status on the day before the effective

date of this title (Oct. 1, 1996, see section 1691(b)(1), (2) of

Pub. L. 103-337, set out as an Effective Date note under section

10001 of this title) and who was subject to placement of the

reserve active-status list on the effective date of this title may

not be discharged under section 14503 of title 10, United States

Code, as added by this title, until on or after the day on which

that officer completes three years of continuous service as a

reserve commissioned officer.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14703 of this title.

-CITE-

10 USC Sec. 14504 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14504. Effect of failure of selection for promotion: reserve

first lieutenants of the Army, Air Force, and Marine Corps and

reserve lieutenants (junior grade) of the Navy

-STATUTE-

(a) General Rule. - A first lieutenant on the reserve

active-status list of the Army, Air Force, or Marine Corps or a

lieutenant (junior grade) on the reserve active-status list of the

Navy who has failed of selection for promotion to the next higher

grade for the second time and whose name is not on a list of

officers recommended for promotion to the next higher grade shall

be separated in accordance with section 14513 of this title not

later than the first day of the seventh month after the month in

which the President approves the report of the board which

considered the officer for the second time.

(b) Exceptions. - Subsection (a) does not apply (1) in the case

of an officer retained as provided by regulation of the Secretary

of the military department concerned in order to meet planned

mobilization needs for a period not in excess of 24 months

beginning with the date on which the President approves the report

of the selection board which resulted in the second failure, or (2)

as provided in section 12646 or 12686 of this title.

(c) Officers in Grade of First Lieutenant or Lieutenant (Junior

Grade) Found Not Fully Qualified for Promotion. - For the purposes

of this chapter, an officer of the Army, Air Force, or Marine Corps

on a reserve active-status list who holds the grade of first

lieutenant, and an officer of the Navy on a reserve active-status

list who holds the grade of lieutenant (junior grade), shall be

treated as having failed of selection for promotion if the

Secretary of the military department concerned determines that the

officer would be eligible for consideration for promotion to the

next higher grade by a selection board convened under section

14101(a) of this title if such a board were convened but is not

fully qualified for promotion when recommending for promotion under

section 14308(b)(4) of this title all fully qualified officers of

the officer's armed force in such grade who would be eligible for

such consideration.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2950; amended Pub. L. 107-107, div. A, title V,

Sec. 505(b)(2), Dec. 28, 2001, 115 Stat. 1087.)

-MISC1-

AMENDMENTS

2001 - Subsec. (c). Pub. L. 107-107 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14513, 14703 of this

title.

-CITE-

10 USC Sec. 14505 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14505. Effect of failure of selection for promotion: reserve

captains of the Army, Air Force, and Marine Corps and reserve

lieutenants of the Navy

-STATUTE-

Unless retained as provided in section 12646 or 12686 of this

title, a captain on the reserve active-status list of the Army, Air

Force, or Marine Corps or a lieutenant on the reserve active-status

list of the Navy who has failed of selection for promotion to the

next higher grade for the second time and whose name is not on a

list of officers recommended for promotion to the next higher grade

and who has not been selected for continuation on the reserve

active-status list under section 14701 of this title, shall be

separated in accordance with section 14513 of this title not later

than the first day of the seventh month after the month in which

the President approves the report of the board which considered the

officer for the second time.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2950.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14513, 14701, 14703 of

this title.

-CITE-

10 USC Sec. 14506 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14506. Effect of failure of selection for promotion: reserve

majors of the Army, Air Force, and Marine Corps and reserve

lieutenant commanders of the Navy

-STATUTE-

Unless retained as provided in section 12646, 12686, 14701, or

14702 of this title, each reserve officer of the Army, Navy, Air

Force, or Marine Corps who holds the grade of major or lieutenant

commander who has failed of selection to the next higher grade for

the second time and whose name is not on a list of officers

recommended for promotion to the next higher grade shall, if not

earlier removed from the reserve active-status list, be removed

from that list in accordance with section 14513 of this title on

the later of (1) the first day of the month after the month in

which the officer completes 20 years of commissioned service, or

(2) the first day of the seventh month after the month in which the

President approves the report of the board which considered the

officer for the second time.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2951; amended Pub. L. 104-106, div. A, title XV,

Sec. 1501(b)(29), Feb. 10, 1996, 110 Stat. 498; Pub. L. 106-65,

div. A, title V, Sec. 514(a), Oct. 5, 1999, 113 Stat. 593.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-65 inserted ''the later of (1)'' after ''in

accordance with section 14513 of this title on'' and '', or (2) the

first day of the seventh month after the month in which the

President approves the report of the board which considered the

officer for the second time'' before the period at end.

1996 - Pub. L. 104-106 inserted comma after ''Force'' in section

catchline.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title V, Sec. 514(b), Oct. 5, 1999, 113

Stat. 593, provided that: ''The amendments made by subsection (a)

(amending this section) shall apply with respect to removals of

reserve officers from reserve active-status lists under section

14506 of title 10, United States Code, on or after the date of the

enactment of this Act (Oct. 5, 1999).''

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14513, 14701, 14702,

14703 of this title.

-CITE-

10 USC Sec. 14507 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14507. Removal from the reserve active-status list for years

of service: reserve lieutenant colonels and colonels of the

Army, Air Force, and Marine Corps and reserve commanders and

captains of the Navy

-STATUTE-

(a) Lieutenant Colonels and Commanders. - Unless continued on the

reserve active-status list under section 14701 or 14702 of this

title or retained as provided in section 12646 or 12686 of this

title, each reserve officer of the Army, Navy, Air Force, or Marine

Corps who holds the grade of lieutenant colonel or commander and

who is not on a list of officers recommended for promotion to the

next higher grade shall (if not earlier removed from the reserve

active-status list) be removed from that list under section 14514

of this title on the first day of the month after the month in

which the officer completes 28 years of commissioned service.

(b) Colonels and Navy Captains. - Unless continued on the reserve

active-status list under section 14701 or 14702 of this title or

retained as provided in section 12646 or 12686 of this title, each

reserve officer of the Army, Air Force, or Marine Corps who holds

the grade of colonel, and each reserve officer of the Navy who

holds the grade of captain, and who is not on a list of officers

recommended for promotion to the next higher grade shall (if not

earlier removed from the reserve active-status list) be removed

from that list under section 14514 of this title on the first day

of the month after the month in which the officer completes 30

years of commissioned service. This subsection does not apply to

the adjutant general or assistant adjutants general of a State.

(c) Temporary Authority To Retain Certain Officers Designated as

Judge Advocates. - (1) Notwithstanding the provisions of

subsections (a) and (b), the Secretary of the Air Force may retain

on the reserve active-status list any reserve officer of the Air

Force who is designated as a judge advocate and who obtained the

first professional degree in law while on an educational delay

program subsequent to being commissioned through the Reserve

Officers' Training Corps.

(2) No more than 50 officers may be retained on the reserve

active-status list under the authority of paragraph (1) at any

time.

(3) No officer may be retained on the reserve active-status list

under the authority of paragraph (1) for a period exceeding three

years from the date on which, but for that authority, that officer

would have been removed from the reserve active-status list under

subsection (a) or (b).

(4) The authority of the Secretary of the Air Force under

paragraph (1) expires on September 30, 2003.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2951; amended Pub. L. 104-201, div. A, title V,

Sec. 508(a), Sept. 23, 1996, 110 Stat. 2513.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-201 added subsec. (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 508(b) of Pub. L. 104-201 provided that: ''Subsection (c)

of section 14507 of title 10, United States Code, as added by

subsection (a), shall take effect on October 1, 1996.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10214, 14514, 14701,

14702 of this title.

-CITE-

10 USC Sec. 14508 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14508. Removal from the reserve active-status list for years

of service: reserve general and flag officers

-STATUTE-

(a) Thirty Years Service or Five Years in Grade. - Unless

retired, transferred to the Retired Reserve, or discharged at an

earlier date, each reserve officer of the Army, Air Force, or

Marine Corps in the grade of brigadier general who has not been

recommended for promotion to the grade of major general, and each

reserve officer of the Navy in the grade of rear admiral (lower

half) who has not been recommended for promotion to rear admiral

shall, 30 days after completion of 30 years of commissioned service

or on the fifth anniversary of the date of the officer's

appointment in the grade of brigadier general or rear admiral

(lower half), whichever is later, be separated in accordance with

section 14514 of this title.

(b) Thirty-Five Years Service or Five Years in Grade. - Unless

retired, transferred to the Retired Reserve, or discharged at an

earlier date, each reserve officer of the Army, Air Force, or

Marine Corps in the grade of major general, and each reserve

officer of the Navy in the grade of rear admiral, shall, 30 days

after completion of 35 years of commissioned service or on the

fifth anniversary of the date of the officer's appointment in the

grade of major general or rear admiral, whichever is later, be

separated in accordance with section 14514 of this title.

(c) Retention of Brigadier Generals. - A reserve officer of the

Army or Air Force in the grade of brigadier general who would

otherwise be removed from an active status under subsection (a)

may, in the discretion of the Secretary of the Army or the

Secretary of the Air Force, as the case may be, be retained in an

active status, but not later than the last day of the month in

which the officer becomes 60 years of age. Not more than 10

officers of the Army and not more than 10 officers of the Air Force

may be retained under this subsection at any one time.

(d) Retention of Major Generals. - A reserve officer of the Army

or Air Force in the grade of major general who would otherwise be

removed from an active status under subsection (b) may, in the

discretion of the Secretary of the Army or the Secretary of the Air

Force, as the case may be, be retained in an active status, but not

later than the date on which the officer becomes 62 years of age.

Not more than 10 officers of the Army and not more than 10 officers

of the Air Force may be retained under this subsection at any one

time.

(e) Exception for State Adjutants General and Assistant Adjutants

General. - This section does not apply to an officer who is the

adjutant general or assistant adjutant general of a State.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2951; amended Pub. L. 104-106, div. A, title XV,

Sec. 1501(b)(30), Feb. 10, 1996, 110 Stat. 498; Pub. L. 105-85,

div. A, title V, Sec. 521(b), Nov. 18, 1997, 111 Stat. 1734.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3851, 3852, 6389(f)(1), (2), 8851, and 8852 of this title,

prior to repeal by Pub. L. 103-337, Sec. 1628(4), 1629(a)(3),

(c)(3).

AMENDMENTS

1997 - Subsec. (c). Pub. L. 105-85 substituted ''not later than

the last day of the month in which the officer becomes 60 years of

age'' for ''not later than the date on which the officer becomes 60

years of age''.

1996 - Subsecs. (c), (d). Pub. L. 104-106 struck out ''this''

after ''from an active status under''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10214, 14514, 14702 of

this title.

-CITE-

10 USC Sec. 14509 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14509. Separation at age 60: reserve officers in grades below

brigadier general or rear admiral (lower half)

-STATUTE-

Each reserve officer of the Army, Navy, Air Force, or Marine

Corps in a grade below brigadier general or rear admiral (lower

half) who has not been recommended for promotion to the grade of

brigadier general or rear admiral (lower half) and is not a member

of the Retired Reserve shall, on the last day of the month in which

that officer becomes 60 years of age, be separated in accordance

with section 14515 of this title.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2952.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14515, 14701 of this

title.

-CITE-

10 USC Sec. 14510 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14510. Separation at age 60: reserve brigadier generals and

rear admirals (lower half)

-STATUTE-

Unless retired, transferred to the Retired Reserve, or discharged

at an earlier date, each reserve officer of the Army, Air Force, or

Marine Corps in the grade of brigadier general who has not been

recommended for promotion to the grade of major general, and each

reserve rear admiral (lower half) of the Navy who has not been

recommended for promotion to the grade of rear admiral, except an

officer covered by section 14512 of this title, shall be separated

in accordance with section 14515 of this title on the last day of

the month in which the officer becomes 60 years of age.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2952.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3843(a) and 8843 of this title, prior to repeal by Pub. L.

103-337, Sec. 1629(a)(3), (c)(3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14512, 14515 of this

title.

-CITE-

10 USC Sec. 14511 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14511. Separation at age 62: major generals and rear admirals

-STATUTE-

Unless retired, transferred to the Retired Reserve, or discharged

at an earlier date, each reserve officer of the Army, Air Force, or

Marine Corps in the grade of major general and each reserve officer

of the Navy in the grade of rear admiral, except an officer covered

by section 14512 of this title, shall be separated in accordance

with section 14515 of this title on the last day of the month in

which the officer becomes 62 years of age.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2953.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3844 and 8844 of this title, prior to repeal by Pub. L.

103-337, Sec. 1629(a)(3), (c)(3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14512, 14515 of this

title.

-CITE-

10 USC Sec. 14512 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14512. Separation at age 64: officers holding certain offices

-STATUTE-

(a) Army and Air Force. - Unless retired, transferred to the

Retired Reserve, or discharged at an earlier date, a reserve

officer of the Army or Air Force who is Chief of the National Guard

Bureau, an adjutant general, or if a reserve officer of the Army,

commanding general of the troops of a State, shall on the last day

of the month in which the officer becomes 64 years of age, be

separated in accordance with section 14515 of this title.

(b) Navy and Marine Corps. - The Secretary of the Navy may defer

the retirement under section 14510 or 14511 of a reserve officer of

the Navy in a grade above captain or a reserve officer of the

Marine Corps in a grade above colonel and retain the officer in an

active status until the officer becomes 64 years of age. Not more

than 10 officers may be so deferred at any one time, distributed

between the Naval Reserve and the Marine Corps Reserve as the

Secretary determines.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2953.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3845, 6391(b), and 8845 of this title, prior to repeal by

Pub. L. 103-337, Sec. 1629(a)(3), (b)(3), (c)(3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10214, 14510, 14511,

14515 of this title.

-CITE-

10 USC Sec. 14513 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14513. Failure of selection for promotion: transfer,

retirement, or discharge

-STATUTE-

Each reserve officer of the Army, Navy, Air Force, or Marine

Corps who is in an active status and whose removal from an active

status or from a reserve active-status list is required by section

14504, 14505, or 14506 of this title shall (unless the officer's

separation is deferred or the officer is continued in an active

status under another provision of law) not later than the date

specified in those sections -

(1) be transferred to an inactive status if the Secretary

concerned determines that the officer has skills which may be

required to meet the mobilization needs of the officer's armed

force;

(2) be transferred to the Retired Reserve if the officer is

qualified for such transfer and does not request (in accordance

with regulations prescribed by the Secretary concerned) not to be

transferred to the Retired Reserve; or

(3) if the officer is not transferred to an inactive status or

to the Retired Reserve, be discharged from the officer's reserve

appointment.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2953; amended Pub. L. 107-107, div. A, title V,

Sec. 517(b)(1), (2)(A), Dec. 28, 2001, 115 Stat. 1094.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-107, Sec. 517(b)(2)(A), substituted ''Failure

of selection for promotion: transfer, retirement, or discharge''

for ''Separation for failure of selection of promotion'' in section

catchline.

Par. (2). Pub. L. 107-107, Sec. 517(b)(1), substituted ''if the

officer is qualified for such transfer and does not request (in

accordance with regulations prescribed by the Secretary concerned)

not to be transferred to the Retired Reserve'' for '', if the

officer is qualified and applies for such transfer''.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-107 effective on the first day of the

first month that begins more than 180 days after Dec. 28, 2001, see

section 517(g) of Pub. L. 107-107, set out as a note under section

10154 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12646, 14504, 14505,

14506, 14516, 14517, 14701 of this title.

-CITE-

10 USC Sec. 14514 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14514. Discharge or retirement for years of service or after

selection for early removal

-STATUTE-

Each reserve officer of the Army, Navy, Air Force, or Marine

Corps who is in an active status and who is required to be removed

from an active status or from a reserve active-status list, as the

case may be, under section 14507, 14508, 14704, or 14705 of this

title (unless the officer is sooner separated or the officer's

separation is deferred or the officer is continued in an active

status under another provision of law), in accordance with those

sections, shall -

(1) be transferred to the Retired Reserve if the officer is

qualified for such transfer and does not request (in accordance

with regulations prescribed by the Secretary concerned) not to be

transferred to the Retired Reserve; or

(2) be discharged from the officer's reserve appointment if the

officer is not qualified for transfer to the Retired Reserve or

has requested (in accordance with regulations prescribed by the

Secretary concerned) not to be so transferred.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2953; amended Pub. L. 107-107, div. A, title V,

Sec. 517(c), Dec. 28, 2001, 115 Stat. 1094.)

-MISC1-

AMENDMENTS

2001 - Par. (1). Pub. L. 107-107, Sec. 517(c)(1), substituted

''if the officer is qualified for such transfer and does not

request (in accordance with regulations prescribed by the Secretary

concerned) not to be transferred to the Retired Reserve'' for '',

if the officer is qualified and applies for such transfer''.

Par. (2). Pub. L. 107-107, Sec. 517(c)(2), added par. (2) and

struck out former par. (2) which read as follows: ''if the officer

is not qualified or does not apply for such transfer, be discharged

from the officer's reserve appointment.''

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-107 effective on the first day of the

first month that begins more than 180 days after Dec. 28, 2001, see

section 517(g) of Pub. L. 107-107, set out as a note under section

10154 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12646, 12683, 14507,

14508, 14516, 14517, 14701, 14704, 14705 of this title.

-CITE-

10 USC Sec. 14515 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14515. Discharge or retirement for age

-STATUTE-

Each reserve officer of the Army, Navy, Air Force, or Marine

Corps who is in an active status or on an inactive-status list and

who reaches the maximum age specified in section 14509, 14510,

14511, or 14512 of this title for the officer's grade or position

shall (unless the officer is sooner separated or the officer's

separation is deferred or the officer is continued in an active

status under another provision of law) not later than the last day

of the month in which the officer reaches that maximum age -

(1) be transferred to the Retired Reserve if the officer is

qualified for such transfer and does not request (in accordance

with regulations prescribed by the Secretary concerned) not to be

transferred to the Retired Reserve; or

(2) be discharged from the officer's reserve appointment if the

officer is not qualified for transfer to the Retired Reserve or

has requested (in accordance with regulations prescribed by the

Secretary concerned) not to be so transferred.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2954; amended Pub. L. 104-106, div. A, title XV,

Sec. 1501(b)(31), Feb. 10, 1996, 110 Stat. 498; Pub. L. 107-107,

div. A, title V, Sec. 517(d), Dec. 28, 2001, 115 Stat. 1095.)

-MISC1-

AMENDMENTS

2001 - Par. (1). Pub. L. 107-107, Sec. 517(d)(1), substituted

''if the officer is qualified for such transfer and does not

request (in accordance with regulations prescribed by the Secretary

concerned) not to be transferred to the Retired Reserve'' for '',

if the officer is qualified and applies for such transfer''.

Par. (2). Pub. L. 107-107, Sec. 517(d)(2), added par. (2) and

struck out former par. (2) which read as follows: ''if the officer

is not qualified or does not apply for transfer to the Retired

Reserve, be discharged from the officer's reserve appointment.''

1996 - Pub. L. 104-106 substituted ''inactive-status'' for

''inactive status'' in introductory provisions.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-107 effective on the first day of the

first month that begins more than 180 days after Dec. 28, 2001, see

section 517(g) of Pub. L. 107-107, set out as a note under section

10154 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12683, 14509, 14510,

14511, 14512, 14516, 14517 of this title.

-CITE-

10 USC Sec. 14516 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14516. Separation to be considered involuntary

-STATUTE-

The separation of an officer pursuant to section 14513, 14514, or

14515 of this title shall be considered to be an involuntary

separation for purposes of any other provision of law.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2954.)

-CITE-

10 USC Sec. 14517 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14517. Entitlement of officers discharged under this chapter

to separation pay

-STATUTE-

An officer who is discharged under section 14513, 14514, or 14515

of this title is entitled to separation pay under section 1174 of

this title if otherwise eligible under that section.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2954.)

-CITE-

10 USC Sec. 14518 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14518. Continuation of officers to complete disciplinary

action

-STATUTE-

The Secretary concerned may delay the separation or retirement

under this chapter of an officer against whom an action has been

commenced with a view to trying the officer by court-martial. Any

such delay may continue until the completion of the disciplinary

action against the officer.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 511(a), Oct. 5, 1999,

113 Stat. 592.)

-CITE-

10 USC Sec. 14519 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY

SEPARATION

-HEAD-

Sec. 14519. Deferment of retirement or separation for medical

reasons

-STATUTE-

(a) Authority. - If, in the case of an officer required to be

retired or separated under this chapter or chapter 1409 of this

title, the Secretary concerned determines that the evaluation of

the physical condition of the officer and determination of the

officer's entitlement to retirement or separation for physical

disability require hospitalization or medical observation and that

such hospitalization or medical observation cannot be completed

with confidence in a manner consistent with the officer's well

being before the date on which the officer would otherwise be

required to retire or be separated, the Secretary may defer the

retirement or separation of the officer.

(b) Period of Deferment. - A deferral of retirement or separation

under subsection (a) may not extend for more than 30 days after the

completion of the evaluation requiring hospitalization or medical

observation.

-SOURCE-

(Added Pub. L. 107-314, div. A, title V, Sec. 522(a), Dec. 2,

2002, 116 Stat. 2540.)

-CITE-