US (United States) Code. Title 10. Subtitle E: Reserve Components. Chapter 1409: Continuation on the Reserve

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

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-CITE-

10 USC CHAPTER 1409 - CONTINUATION OF OFFICERS ON THE

RESERVE ACTIVE-STATUS LIST AND SELECTIVE

EARLY REMOVAL 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 1409 - CONTINUATION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL

.

-HEAD-

CHAPTER 1409 - CONTINUATION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL

-MISC1-

Sec.

14701. Selection of officers for continuation on the reserve

active-status list.

14702. Retention on reserve active-status list of certain officers

until age 60.

14703. Authority to retain chaplains and officers in medical

specialties until specified age.

14704. Selective early removal from the reserve active-status list.

14705. Selective early retirement: reserve general and flag

officers of the Navy and Marine Corps.

14706. Computation of total years of service.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

14001, 14006, 14519 of this title.

-CITE-

10 USC Sec. 14701 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 1409 - CONTINUATION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL

-HEAD-

Sec. 14701. Selection of officers for continuation on the reserve

active-status list

-STATUTE-

(a) Consideration for Continuation. - (1) A reserve officer of

the Army, Navy, Air Force, or Marine Corps who is required to be

removed from the reserve active-status list under section 14505,

14506, or 14507 of this title may, subject to the needs of the

service and to section 14509 of this title, be considered for

continuation on the reserve active-status list by a selection board

convened under section 14101(b) of this title.

(2) A reserve officer who holds the grade of captain in the Army,

Air Force, or Marine Corps or the grade of lieutenant in the Navy

and who is subject to separation under section 14513 of this title

may not be continued on the reserve active-status list under this

subsection for a period which extends beyond the last day of the

month in which the officer completes 20 years of commissioned

service.

(3) A reserve officer who holds the grade of major or lieutenant

commander and who is subject to separation under section 14513 of

this title may not be continued on the reserve active-status list

under this subsection for a period which extends beyond the last

day of the month in which the officer completes 24 years of

commissioned service.

(4) A reserve officer who holds the grade of lieutenant colonel

or commander and who is subject to separation under section 14514

of this title may not be continued on the reserve active-status

list under this subsection for a period which extends beyond the

last day of the month in which the officer completes 33 years of

commissioned service.

(5) A reserve officer who holds the grade of colonel in the Army,

Air Force, or Marine Corps or the grade of captain in the Navy and

who is subject to separation under section 14514 of this title may

not be continued on the reserve active-status list under this

subsection for a period which extends beyond the last day of the

month in which the officer completes 35 years of commissioned

service.

(6) An officer who is selected for continuation on the reserve

active-status list as a result of the convening of a selection

board under section 14101(b) of this title but who declines to

continue on that list shall be separated in accordance with section

14513 or 14514 of this title, as the case may be.

(7) Each officer who is continued on the reserve active-status

list under this section, who is not subsequently promoted or

continued on the active-status list, and whose name is not on a

list of officers recommended for promotion to the next higher grade

shall (unless sooner separated under another provision of law) be

separated in accordance with section 14513 or 14514 of this title,

as appropriate, upon the expiration of the period for which the

officer was continued on the reserve active-status list.

(b) Approval of Secretary Concerned. - Continuation of an officer

on the reserve active-status list under this section pursuant to

action of a continuation board convened under section 14101(b) of

this title is subject to the approval of the Secretary of the

military department concerned.

(c) Instructions To Continuation Boards. - A continuation board

convened under section 14101(b) of this title to consider officers

for continuation on the reserve active-status list under this

section shall act in accordance with the instructions and

directions provided to the board by the Secretary of the military

department concerned.

(d) Regulations. - The Secretary of Defense shall prescribe

regulations for the administration of this section.

-SOURCE-

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

1994, 108 Stat. 2954; amended Pub. L. 106-398, Sec. 1 ((div. A),

title V, Sec. 522), Oct. 30, 2000, 114 Stat. 1654, 1654A-108.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-398 substituted ''A reserve

officer'' for ''Upon application, a reserve officer''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1558, 14101, 14505,

14506, 14507 of this title.

-CITE-

10 USC Sec. 14702 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 1409 - CONTINUATION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL

-HEAD-

Sec. 14702. Retention on reserve active-status list of certain

officers until age 60

-STATUTE-

(a) Retention. - Notwithstanding the provisions of section 14506,

14507, or 14508 of this title, the Secretary of the military

department concerned may, with the officer's consent, retain on the

reserve active-status list an officer in the grade of major,

lieutenant colonel, colonel, or brigadier general who is -

(1) an officer of the Army National Guard of the United States

and assigned to a headquarters or headquarters detachment of a

State; or

(2) a reserve officer of the Army or Air Force who, as a

condition of continued employment as a National Guard or Reserve

technician is required by the Secretary concerned to maintain

membership in a Selected Reserve unit or organization.

(b) Separation at Age 60. - An officer may be retained under this

section only so long as the officer continues to meet the

conditions of subsection (a)(1) or (a)(2). An officer may not be

retained under this section after 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. 2955; amended Pub. L. 105-85, div. A, title V,

Sec. 521(a), Nov. 18, 1997, 111 Stat. 1734.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-85, in introductory provisions,

substituted ''section 14506, 14507, or 14508'' for ''section 14506

or 14507'' and ''colonel, or brigadier general'' for ''or

colonel''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14506, 14507 of this

title.

-CITE-

10 USC Sec. 14703 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 1409 - CONTINUATION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL

-HEAD-

Sec. 14703. Authority to retain chaplains and officers in medical

specialties until specified age

-STATUTE-

(a) Retention. - Notwithstanding any provision of chapter 1407 of

this title and except for officers referred to in sections 14503,

14504, 14505, and 14506 of this title and under regulations

prescribed by the Secretary of Defense -

(1) the Secretary of the Army may, with the officer's consent,

retain in an active status any reserve officer assigned to the

Medical Corps, the Dental Corps, the Veterinary Corps, the

Medical Services Corps (if the officer has been designated as

allied health officer or biomedical sciences officer in that

Corps), the Optometry Section of the Medical Services Corps, the

Chaplains, the Army Nurse Corps, or the Army Medical Specialists

Corps;

(2) the Secretary of the Navy may, with the officer's consent,

retain in an active status any reserve officer appointed in the

Medical Corps, Dental Corps, Nurse Corps, or Chaplain Corps or

appointed in the Medical Services Corps and designated to perform

as a veterinarian, optometrist, podiatrist, allied health

officer, or biomedical sciences officer; and

(3) the Secretary of the Air Force may, with the officer's

consent, retain in an active status any reserve officer who is

designated as a medical officer, dental officer, Air Force nurse,

Medical Service Corps officer, biomedical sciences officer, or

chaplain.

(b) Separation at Specified Age. - An officer may not be retained

in active status under this section later than the date on which

the officer becomes 67 years of age.

-SOURCE-

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

1994, 108 Stat. 2956; amended Pub. L. 106-65, div. A, title V,

Sec. 516, Oct. 5, 1999, 113 Stat. 594; Pub. L. 106-398, Sec. 1

((div. A), title V, Sec. 523), Oct. 30, 2000, 114 Stat. 1654,

1654A-108.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3855(a), (c)(1), 6392(a), (c)(1), and 8855(a), (c)(1) of

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

(b)(3), (c)(3).

AMENDMENTS

2000 - Subsec. (a)(3). Pub. L. 106-398 substituted ''Air Force

nurse, Medical Service Corps officer, biomedical sciences officer,

or chaplain.'' for ''veterinary officer, Air Force nurse, or

chaplain or who is designated as a biomedical sciences officer and

is qualified for service as a veterinarian, optometrist, or

podiatrist.''

1999 - Subsec. (b). Pub. L. 106-65 struck out ''(or, in the case

of a reserve officer of the Army in the Chaplains or a reserve

officer of the Air Force designated as a chaplain, 60 years of

age)'' after ''67 years of age''.

-CITE-

10 USC Sec. 14704 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 1409 - CONTINUATION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL

-HEAD-

Sec. 14704. Selective early removal from the reserve active-status

list

-STATUTE-

(a) Boards To Recommend Officers for Removal From Reserve

Active-Status List. - Whenever the Secretary of the military

department concerned determines that there are in any reserve

component under the jurisdiction of the Secretary too many officers

in any grade and competitive category who have at least 30 years of

service computed under section 14706 of this title or at least 20

years of service computed under section 12732 of this title, the

Secretary may convene a selection board under section 14101(b) of

this title to consider all officers on that list who are in that

grade and competitive category, and who have that amount of

service, for the purpose of recommending officers by name for

removal from the reserve active-status list, in the number

specified by the Secretary by each grade and competitive category.

(b) Separation of Officers Selected. - In the case of an officer

recommended for separation in the report of a board under

subsection (a), the Secretary may separate the officer in

accordance with section 14514 of this title.

(c) Regulations. - The Secretary of the military department

concerned shall prescribe regulations for the administration of

this section.

-SOURCE-

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

1994, 108 Stat. 2956.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3850 and 8850 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 1558, 14101, 14514 of

this title.

-CITE-

10 USC Sec. 14705 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 1409 - CONTINUATION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL

-HEAD-

Sec. 14705. Selective early retirement: reserve general and flag

officers of the Navy and Marine Corps

-STATUTE-

(a) Authority To Consider. - An officer in the Naval Reserve in

an active status serving in the grade of rear admiral (lower half)

or rear admiral and an officer in the Marine Corps Reserve in an

active status serving in the grade of brigadier general or major

general may be considered for early retirement whenever the

Secretary of the Navy determines that such action is necessary.

(b) Boards. - (1) If the Secretary of the Navy determines that

consideration of officers for early retirement under this section

is necessary, the Secretary shall convene a continuation board

under section 14101(b) of this title to recommend an appropriate

number of officers for early retirement.

(2) In the case of such a board convened to consider officers in

the grade of rear admiral or major general, the Secretary of the

Navy may appoint the board without regard to section 14102(b) of

this title. In doing so, however, the Secretary shall ensure that

-

(A) each regular commissioned officer appointed to the board

holds a grade higher than the grade of rear admiral or major

general; and

(B) at least one member of the board is a reserve officer who

holds the grade of rear admiral or major general.

(c) Separation Under Section 14514. - An officer selected for

early retirement under this section shall be separated in

accordance with section 14514 of this title.

-SOURCE-

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

1994, 108 Stat. 2957; amended Pub. L. 105-261, div. A, title V,

Sec. 515, Oct. 17, 1998, 112 Stat. 2008.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 6389(f)(3) of this title, prior to repeal by Pub. L.

103-337, Sec. 1628(4).

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-261 designated existing

provisions as par. (1), inserted ''of officers'' after

''consideration'' and ''continuation'' after ''shall convene a'',

and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1558, 14101, 14514 of

this title.

-CITE-

10 USC Sec. 14706 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 1409 - CONTINUATION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL

-HEAD-

Sec. 14706. Computation of total years of service

-STATUTE-

(a) For the purpose of this chapter and chapter 1407 of this

title, a Reserve officer's years of service include all service of

the officer as a commissioned officer of a uniformed service other

than the following:

(1) Service as a warrant officer.

(2) Constructive service.

(3) Service after appointment as a commissioned officer of a

reserve component while in a program of advanced education to

obtain the first professional degree required for appointment,

designation, or assignment to a professional specialty, but only

if that service occurs before the officer commences initial

service on active duty or initial service in the Ready Reserve in

the specialty that results from such a degree.

(b) The exclusion under subsection (a)(3) does not apply to

service performed by an officer who previously served on active

duty or participated as a member of the Ready Reserve in other than

a student status for the period of service preceding the member's

service in a student status.

(c) For purposes of subsection (a)(3), an officer shall be

considered to be in a professional specialty if the officer is

appointed or assigned to the Medical Corps, the Dental Corps, the

Veterinary Corps, the Medical Service Corps, the Nurse Corps, or

the Army Medical Specialists Corps or is designated as a chaplain

or judge advocate.

-SOURCE-

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

1994, 108 Stat. 2957; amended Pub. L. 106-65, div. A, title V,

Sec. 515, Oct. 5, 1999, 113 Stat. 594.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3853 and 8853 of this title, prior to repeal by Pub. L.

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

AMENDMENTS

1999 - Pub. L. 106-65 amended text generally. Prior to

amendment, text read as follows: ''For the purpose of this chapter

and chapter 1407 of this title, a reserve officer's years of

service include all service, other than constructive service, of

the officer as a commissioned officer of any uniformed service

(other than service as a warrant officer).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14704 of this title.

-CITE-