‘‘(c) OFFICERS ON A PROMOTION LIST REMOVED
FROM ACTIVE-DUTY LIST.—An officer who is on the ac-
tive-duty list and is on a promotion list as the result of
selection for promotion by a selection board convened
under chapter 36 of this title and who before being pro-
moted is removed from the active-duty list and placed on
the reserve active-status list of the same armed force and
in the same competitive category (including a regular offi-
cer who on removal from the active-duty list is appointed
as a reserve officer and placed on the reserve active-status
list) shall, under regulations prescribed by the Secretary
of Defense, be placed on an appropriate promotion list
established under this chapter.
‘‘(d) OFFICERS SELECTED FOR POSITION VACAN-
CIES.—If a reserve officer is ordered to active duty (other
than active duty for training) or full-time National Guard
duty (other than full-time National Guard duty for train-
ing only) after being recommended for promotion under
section 14314 of this title to fill a position vacancy or ex-
amined for Federal recognition under title 32, and before
being promoted to fill that vacancy, the officer shall not
be promoted while serving such active duty or full-time
National Guard duty unless the officer is ordered to active
duty as a member of the unit in which the vacancy exists
when that unit is ordered to active duty. If, under this
subsection, the name of an officer is removed from a list
of officers recommended for promotion, the officer shall
be treated as if the officer had not been considered for
promotion or examined for Federal recognition.
‘‘(e) Under regulations prescribed by the Secretary
of the military department concerned, a reserve officer
who is not on the active-duty list and who is ordered to
active duty in time of war or national emergency may, if
eligible, be considered for promotion by a mandatory pro-
motion board convened under section 14101(a) or a spe-
cial selection board convened under section 14502 of this
title for not more than two years from the date the officer
is ordered to active duty unless the President suspends
the operation of this section under the provisions of
section 10213 or 644 of this title.
‘‘CHAPTER 1407—FAILURE OF SELECTION FOR
PROMOTION AND INVOLUNTARY SEPARATION
‘‘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 lieu-
tenant (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 lieutenant command-
ers of the Navy.
‘‘14507. Removal from the active-status list for years of service: reserve lieuten-
ant 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 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. Separation for failure of selection of promotion.
‘‘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.
‘‘§ 14501. Failure of selection for promotion
‘‘(a) An officer on the reserve active-status list in a
grade below the grade of colonel or, in the case of an offi-
cer 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 pro-
motion 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 pro-
motion.
‘‘(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 rec-
ommended for promotion a second time by a manda-
tory 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 se-
lection 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 pro-
motion 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 man-
datory 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 spe-
cial 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 sec-
tion 14111(b) or from a promotion list under
section 14310 of this title.
‘‘§ 14502. Special selection boards: correction of er-
rors
‘‘(a) OFFICERS NOT CONSIDERED BECAUSE OF AD-
MINISTRATIVE ERROR.—(1) In the case of an officer or
former officer who the Secretary of the military depart-
ment concerned determines was not considered for selec-
tion 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, 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 pre-
scribed 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 pro-
motion and those officers of the same grade and competi-
tive category who were not recommended for promotion
by that board.
‘‘(3) If a special selection board convened under para-
graph (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 con-
sidered 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 depart-
ment 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 con-
sidered 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 para-
graph (1) shall be appointed and composed in accordance
with section 14102 of this title (including the representa-
tion 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 offi-
cer 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 rec-
ommended for promotion and those officers of the same
grade and competitive category who were not rec-
ommended for promotion by that board.
‘‘(4) If a special selection board convened under para-
graph (1) does not recommend for promotion an officer
or former officer in the grade of lieutenant colonel or com-
mander or below whose name was referred to it for consid-
eration, 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 fail-
ure of selection for promotion from the action of the spe-
cial selection board.
‘‘(c) REPORT.—Each special selection board con-
vened 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 pro-
motion 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 rec-
ommended 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 ef-
fective 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 rec-
ommended for promotion to that grade by the selection
board which should have considered, or which did con-
sider, the officer.
‘‘(3) If the report of a special selection board con-
vened 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 of-
ficer 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 Sec-
retary of Defense may prescribe by regulation the cir-
cumstances under which consideration by a special selec-
tion 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 spe-
cial 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 se-
lection 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 con-
cerned under subsection (a)(1), (b)(1), or (e)(3) not to
convene a special selection board. If a court finds the de-
termination 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 selec-
tion board which considers an officer or former officer was
contrary to law or involved material error of fact or mate-
rial 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 pro-
motion 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.
‘‘§ 14503. Discharge of officers with less than five
years of commissioned service or found
not qualified for promotion to first lieu-
tenant or lieutenant (junior grade)
‘‘(a) AUTHORIZED DISCHARGES.—The Secretary of
the military department concerned may discharge any re-
serve officer who—
‘‘(1) has less than five years of service in an ac-
tive status as a commissioned officer; or
‘‘(2) is serving in the grade of second lieutenant
or ensign and has been found not qualified for pro-
motion to the grade of first lieutenant or lieutenant
(junior grade).
‘‘(b) TIME
FOR DISCHARGE.—(1) An officer de-
scribed 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 dis-
charged 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 Sec-
retary of Defense and may be made without regard to
section 12645 of this title.
‘‘§ 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
‘‘(a) GENERAL RULE.—A first lieutenant on the re-
serve 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 pro-
motion 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 regula-
tion 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 pro-
vided in section 12646 or 12686 of this title.
‘‘§ 14505. Effect of failure of selection for promotion:
reserve captains of the Army, Air Force,
and Marine Corps and reserve lieuten-
ants of the Navy
‘‘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 lieuten-
ant 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.
who holds the grade of lieutenant colonel or commander
and who is not on a list of officers recommended for pro-
motion to the next higher grade shall (if not earlier re-
moved 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 com-
pletes 28 years of commissioned service.
‘‘(b) COLONELS AND NAVY CAPTAINS.—Unless con-
tinued 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.
‘‘§ 14508. Removal from the reserve active-status list
for years of service: reserve general and
flag officers
‘‘(a) THIRTY YEARS SERVICE OR FIVE YEARS IN
GRADE.—Unless retired, transferred to the Retired Re-
serve, 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 pro-
motion 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 Re-
serve, 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 anniver-
sary 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 re-
serve officer of the Army or Air Force in the grade of
brigadier general who would otherwise be removed from
an active status under this subsection (a) may, in the dis-
cretion 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 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 this 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.
‘‘§ 14509. Separation at age 60: reserve officers in
grades below brigadier general or rear
admiral (lower half)
‘‘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 admi-
ral (lower half) and is not a member of the Retired Re-
serve shall, on the last day of the month in which that
officer becomes 60 years of age, be separated in accord-
ance with section 14515 of this title.
‘‘§ 14510. Separation at age 60: reserve brigadier gen-
erals and rear admirals (lower half)
‘‘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 brig-
adier general who has not been recommended for pro-
motion 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 be-
comes 60 years of age.
‘‘§ 14511. Separation at age 62: major generals and
rear admirals
‘‘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.
‘‘§ 14512. Separation at age 64: officers holding cer-
tain offices
‘‘(a) ARMY AND AIR FORCE.—Unless retired, trans-
ferred 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
other 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 and applies for such transfer;
or
‘‘(2) if the officer is not qualified or does not
apply for transfer to the Retired Reserve, be dis-
charged from the officer’s reserve appointment.
‘‘§ 14516. Separation to be considered involuntary
‘‘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.
‘‘§ 14517. Entitlement of officers discharged under
this chapter to separation pay
‘‘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.
‘‘CHAPTER 1409—CONTINUATION OF OFFICERS
ON THE RESERVE ACTIVE-STATUS LIST AND
SELECTIVE EARLY REMOVAL
‘‘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.
‘‘§ 14701. Selection of officers for continuation on the
reserve active-status list
‘‘(a) CONSIDERATION
FOR
CONTINUATION.—(1)
Upon application, 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 consid-
ered 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 lieuten-
ant 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 ac-
tive-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 pro-
motion to the next higher grade shall (unless sooner sepa-
rated under another provision of law) be separated in ac-
cordance with section 14513 or 14514 of this title, as ap-
propriate, upon the expiration of the period for which the
officer was continued on the reserve active-status list.
‘‘(b) APPROVAL OF SECRETARY CONCERNED.—Con-
tinuation 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 sub-
ject to the approval of the Secretary of the military depart-
ment concerned.
‘‘(c) INSTRUCTIONS TO CONTINUATION BOARDS.—A
continuation board convened under section 14101(b) of
this title to consider officers for continuation on the re-
serve active-status list under this section shall act in ac-
cordance 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.
‘‘§ 14702. Retention on reserve active-status list of
certain officers until age 60
‘‘(a) RETENTION.—Notwithstanding the provisions of
section 14506 or 14507 of this title, the Secretary of the
military department concerned may, with the officer’s con-
sent, retain on the reserve active-status list an officer in
the grade of major, lieutenant colonel, or colonel 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 re-
tained under this section only so long as the officer contin-
ues 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.
‘‘§ 14703. Authority to retain chaplains and officers in
medical specialties until specified age
‘‘(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 re-
serve officer assigned to the Medical Corps, the Den-
tal Corps, the Veterinary Corps, the Medical Serv-
ices Corps (if the officer has been designated as al-
lied 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 re-
serve officer appointed in the Medical Corps, Dental
Corps, Nurse Corps, or Chaplain Corps or appointed
in the Medical Services Corps and designated to per-
form 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 offi-
cer, dental officer, veterinary officer, Air Force
nurse, or chaplain or who is designated as a bio-
medical sciences officer and is qualified for service
as a veterinarian, optometrist, or podiatrist.
‘‘(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 (or, in the case of a reserve officer of the Army
in the Chaplains or a reserve officer of the Air Force des-
ignated as a chaplain, 60 years of age).
‘‘§ 14704. Selective early removal from the reserve ac-
tive-status list
‘‘(a) BOARDS TO RECOMMEND OFFICERS FOR RE-
MOVAL FROM RESERVE ACTIVE-STATUS LIST.—When-
ever 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 cat-
egory, and who have that amount of service, for the pur-
pose 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 re-
port 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.
‘‘§ 14705. Selective early retirement: reserve general
and flag officers of the Navy and Marine
Corps
‘‘(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.—If the Secretary of the Navy deter-
mines that consideration for early retirement under this
section is necessary, the Secretary shall convene a board
under section 14101(b) of this title to recommend an ap-
propriate number of officers for early retirement.
‘‘(c) SEPARATION UNDER SECTION 14514.—An offi-
cer selected for early retirement under this section shall
be separated in accordance with section 14514 of this title.
‘‘§ 14706. Computation of total years of service
‘‘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).
‘‘CHAPTER 1411—ADDITIONAL PROVISIONS
RELATING TO INVOLUNTARY SEPARATION
‘‘Sec.
‘‘14901. Separation of chaplains for loss of professional qualifications.
‘‘14902. Separation for substandard performance and for certain other reasons.
‘‘14903. Boards of inquiry.
‘‘14904. Rights and procedures.
‘‘14905. Officer considered for removal: retirement or discharge.
‘‘14906. Officers eligible to serve on boards.
‘‘14907. Army National Guard of the United States and Air National Guard
of the United States: discharge and withdrawal of Federal rec-
ognition of officers absent without leave.
‘‘§ 14901. Separation of chaplains for loss of profes-
sional qualifications
‘‘(a) SEPARATION.—Under regulations prescribed by
the Secretary of Defense, an officer on the reserve active-
status list who is appointed or designated as a chaplain
may, if the officer fails to maintain the qualifications need-
ed to perform the professional function of a chaplain, be
discharged. The authority under the preceding sentence
applies without regard to the provisions of section 12645
of this title.
‘‘(b) EFFECT OF SEPARATION.—If an officer sepa-
rated under this section is eligible for retirement, the offi-
cer may be retired. If the officer has completed the years
of service required for eligibility for retired pay under
chapter 1223 of this title, the officer may be transferred
to the Retired Reserve.
‘‘§ 14902. Separation for substandard performance
and for certain other reasons
‘‘(a) SUBSTANDARD PERFORMANCE OF DUTY.—The
Secretary of the military department concerned shall pre-
scribe, by regulation, procedures for the review at any time
of the record of any reserve officer to determine whether
that officer should be required, because that officer’s per-
formance has fallen below standards prescribed by the
Secretary concerned, to show cause for retention in an
active status.
‘‘(b) MISCONDUCT, ETC.—The Secretary of the mili-
tary department concerned shall prescribe, by regulation,
procedures for the review at any time of the record of any
reserve officer to determine whether that officer should be
required, because of misconduct, because of moral or pro-
fessional dereliction, or because the officer’s retention is
not clearly consistent with the interests of national secu-
rity, to show cause for retention in an active status.
‘‘(c) REGULATIONS.—The authority of the Secretary
of a military department under this section shall be car-
ried out subject to such limitations as the Secretary of
Defense may prescribe by regulation.
‘‘§ 14903. Boards of inquiry
‘‘(a) CONVENING OF BOARDS.—The Secretary of the
military department concerned shall convene a board of
inquiry at such time and place as the Secretary may pre-
scribe to receive evidence and review the case of any officer
who has been required to show cause for retention in an
active status under section 14902 of this title. Each board
of inquiry shall be composed of not less than three officers
who have the qualifications prescribed in section 14906
of this title.
‘‘(b) RIGHT TO FAIR HEARING.—A board of inquiry
shall give a fair and impartial hearing to each officer re-
quired under section 14902 of this chapter to show cause
for retention in an active status.
‘‘(c) RECOMMENDATIONS
TO
SECRETARY.—If a
board of inquiry determines that the officer has failed to
establish that the officer should be retained in an active
status, the board shall recommend to the Secretary con-
cerned that the officer not be retained in an active status.
‘‘(d) ACTION BY SECRETARY.—After review of the
recommendation of the board of inquiry, the Secretary
may—
‘‘(1) remove the officer from an active status;
or
‘‘(2) determine that the case be closed.
‘‘(e) ACTION IN CASES WHERE CAUSE FOR RETEN-
TION IS ESTABLISHED.—(1) If a board of inquiry deter-
mines that an officer has established that the officer
should be retained in an active status or if the Secretary
determines that the case be closed, the officer’s case is
closed.
‘‘(2) An officer who is required to show cause for re-
tention under section 14902(a) of this title and whose case
is closed under paragraph (1) may not again be required
to show cause for retention under such subsection during
the one-year period beginning on the date of that deter-
mination.
‘‘(3)(A) Subject to subparagraph (B), an officer who
is required to show cause for retention under section
14902(b) of this title and whose case is closed under para-
graph (1) may again be required to show cause for reten-
tion at any time.
‘‘(B) An officer who has been required to show cause
for retention under section 14902(b) of this title and who
is thereafter retained in an active status may not again
be required to show cause for retention under such section
solely because of conduct which was the subject of the pre-
vious proceeding, unless the recommendations of the board
of inquiry that considered the officer’s case are determined
to have been obtained by fraud or collusion.
‘‘§ 14904. Rights and procedures
‘‘(a) PROCEDURAL RIGHTS.—Under regulations pre-
scribed by the Secretary of Defense, an officer required
under section 14902 of this title to show cause for reten-
tion in an active status—
‘‘(1) shall be notified in writing, at least 30
days before the hearing of the officer’s case by a
board of inquiry, of the reasons for which the officer
is being required to show cause for retention in an
active status;
‘‘(2) shall be allowed a reasonable time, as de-
termined by the board of inquiry, to prepare for
showing of cause for retention in an active status;
‘‘(3) shall be allowed to appear in person and
to be represented by counsel at proceedings before
the board of inquiry; and
‘‘(4) shall be allowed full access to, and shall be
furnished copies of, records relevant to the case, ex-
cept that the board of inquiry shall withhold any
record that the Secretary concerned determines
should be withheld in the interest of national
security.
‘‘(b) SUMMARY OF RECORDS WITHHELD.—When a
record is withheld under subsection (a)(4), the officer
whose case is under consideration shall, to the extent that
the interest of national security permits, be furnished a
summary of the record so withheld.
‘‘§ 14905. Officer considered for removal: retirement
or discharge
‘‘(a) VOLUNTARY RETIREMENT OR DISCHARGE.—At
any time during proceedings under this chapter with re-
spect to the removal of an officer from an active status,
the Secretary of the military department concerned may
grant a request by the officer—
‘‘(1) for voluntary retirement, if the officer is
qualified for retirement;
‘‘(2) for transfer to the Retired Reserve if the
officer has completed the years of service required
for eligibility for retired pay under chapter 1223 of
this title and is otherwise eligible for transfer to the
Retired Reserve; or
‘‘(3) for discharge in accordance with sub-
section (b)(3).
‘‘(b) REQUIRED RETIREMENT OR DISCHARGE.—An
officer removed from an active status under section 14903
of this title shall—
‘‘(1) if eligible for voluntary retirement under
any provision of law on the date of such removal, be
retired in the grade and with the retired pay for
which he would be eligible if retired under that
provision;
‘‘(2) if eligible for transfer to the Retired Re-
serve and has completed the years of service re-
quired for retired pay under chapter 1223 of this
title, be transferred to the Retired Reserve; and
‘‘(3) if ineligible for retirement or transfer to
the Retired Reserve under paragraph (1) or (2) on
the date of such removal—
‘‘(A) be honorably discharged in the grade
then held, in the case of an officer whose case
was brought under subsection (a) of section
14902 of this title; or
‘‘(B) be discharged in the grade then held,
in the case of an officer whose case was brought
under subsection (b) of section 14902 of this
title.
‘‘(c) SEPARATION PAY.—An officer who is discharged
under subsection (b)(3) is entitled, if eligible therefor, to
separation pay under section 1174(c) of this title.
100
‘‘§ 14906. Officers eligible to serve on boards
‘‘(a) COMPOSITION OF BOARDS.—(1) Each officer
who serves on a board convened under this chapter shall
be an officer of the same armed force as the officer being
required to show cause for retention in an active status.
‘‘(2) An officer may not serve on a board under this
chapter unless the officer holds a grade above lieutenant
colonel or commander and is senior in grade and rank to
any officer considered by the board.
‘‘(b) LIMITATION.—A person may not be a member
of more than one board convened under this chapter to
consider the same officer.
‘‘§ 14907. Army National Guard of the United States
and Air National Guard of the United
States: discharge and withdrawal of Fed-
eral recognition of officers absent with-
out leave
‘‘(a) AUTHORITY TO WITHDRAW FEDERAL RECOGNI-
TION.—If an officer of the Army National Guard of the
United States or the Air National Guard of the United
States has been absent without leave for three months,
the Secretary of the Army or the Secretary of the Air
Force, as appropriate, may—
‘‘(1) terminate the reserve appointment of the
officer; and
101
‘‘(2) withdraw the officer’s Federal recognition
as an officer of the National Guard.
‘‘(b) DISCHARGE FROM RESERVE APPOINTMENT.—
An officer of the Army National Guard of the United
States or the Air National Guard of the United States
whose Federal recognition as an officer of the National
Guard is withdrawn under section 323(b) of title 32 shall
be discharged from the officer’s appointment as a reserve
officer of the Army or the Air Force, as the case may be.’’.
PART B—CONFORMING AMENDMENTS
SEC. 111. DEFINITION OF RESERVE ACTIVE-STATUS LIST.
Section 101(c) is amended by adding at the end the
following new paragraph:
‘‘(7) The term ‘reserve active-status list’ means
a single list for the Army, Navy, Air Force, or Ma-
rine Corps (required to be maintained under section
14002 of this title) that contains the names of all
officers of that armed force except warrant officers
(including commissioned warrant officers) who are
in an active status in a reserve component of the
Army, Navy, Air Force, or Marine Corps and are
not on an active-duty list.’’.
102
SEC. 112. AUTHORITY TO SUSPEND OFFICER PERSONNEL
LAWS DURING WAR OR NATIONAL EMER-
GENCY.
(a) AUTHORITY.—Section 123 is amended to read as
follows:
‘‘§ 123. Authority to suspend officer personnel laws
during war or national emergency
‘‘(a) In time of war, or of national emergency de-
clared by Congress or the President after November 30,
1980, the President may suspend the operation of any
provision of law relating to the promotion, involuntary re-
tirement, or separation of commissioned officers of the
Army, Navy, Air Force, Marine Corps, or Coast Guard
Reserve. So long as such war or national emergency con-
tinues, any such suspension may be extended by the Presi-
dent.
‘‘(b) Any such suspension shall, if not sooner ended,
end on the last day of the two-year period beginning on
the date on which the suspension (or the last extension
thereof) takes effect or on the last day of the one-year
period beginning on the date of the termination of the war
or national emergency, whichever occurs first. With re-
spect to the end of any such suspension, the preceding
sentence supersedes the provisions of title II of the Na-
tional Emergencies Act (50 U.S.C. 1621–1622) which
provide that powers or authorities exercised by reason of
103
a national emergency shall cease to be exercised after the
date of the termination of the emergency.
‘‘(c) If a provision of law pertaining to the promotion
of reserve officers is suspended under this section and if
the Secretary of Defense submits to Congress proposed
legislation to adjust the grades and dates of rank of re-
serve commissioned officers other than commissioned war-
rant officers, such proposed legislation shall, so far as
practicable, be the same as that recommended for adjust-
ing the grades and dates of rank of officers of the regular
component of the armed force concerned.’’.
(b) CONFORMING REPEAL.—Section 644 is repealed.
SEC. 113. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE
AUTHORITY TO RECOMMEND THAT RESERVE
OFFICERS CONSIDERED FOR PROMOTION BE
REQUIRED TO SHOW CAUSE FOR RETENTION
ON ACTIVE DUTY.
Section 617(b) is amended—
(1) by inserting ‘‘or reserve’’ after ‘‘any regu-
lar’’; and
(2) by inserting ‘‘or 1411’’ after ‘‘chapter 60’’.
SEC. 114. APPLICABILITY OF CHAPTER 36 TO RESERVE OF-
FICERS DURING WAR OR NATIONAL EMER-
GENCY.
Section 641 is amended—