159
‘‘12004. Strength in grade: reserve general and flag officers in an active status.
‘‘12005. Strength in grade: commissioned officers in grades below brigadier gen-
eral or rear admiral (lower half) in an active status.
‘‘12006. Strength limitations: authority to waive in time of war or national
emergency.
‘‘12007. Reserve officers of the Army: distribution.
‘‘12008. Army Reserve and Air Force Reserve: warrant officers.
‘‘12009. Army and Air Force reserve components: temporary increases.
‘‘12010. Computations for Naval Reserve and Marine Corps Reserve: rule when
fraction occurs in final result.
‘‘12011. Authorized strengths: reserve officers on active duty or on full-time
National Guard duty for administration of the reserves or the
National Guard.
‘‘12012. Authorized strengths: senior enlisted members on active duty or on
full-time National Guard duty for administration of the re-
serves or the National Guard.
‘‘§ 12001. Authorized strengths: reserve components
‘‘(a) Whenever the authorized strength of a reserve
component (other than the Coast Guard Reserve) is not
prescribed by law, it shall be prescribed by the President.
‘‘(b) Subject to the authorized strength of the reserve
component concerned, the authorized strength of each re-
serve component (other than the Coast Guard Reserve)
in members in each grade is that which the Secretary con-
cerned determines to be necessary to provide for mobiliza-
tion requirements. The Secretary shall review these deter-
minations at least once each year and revise them if he
considers it necessary. However, a member of the reserve
component concerned may not, as a result of such a deter-
mination, be reduced in the member’s reserve grade with-
out the member’s consent.
160
‘‘§ 12002. Authorized strengths: Army and Air Force
reserve components, exclusive of mem-
bers on active duty
‘‘(a) The authorized strengths of the National Guard
and the reserve components of the Army and the Air
Force, exclusive of members who are included in the
strengths authorized for members of the Army and Air
Force, respectively, on active duty, are as follows:
‘‘Army National Guard and the Army National Guard of the
United States ...................................................................................
600,000
‘‘Army Reserve .........................................................................
980,000
‘‘Air National Guard and the Air National Guard of the
United States ...................................................................................
150,000
‘‘Air Force Reserve ..................................................................
500,000.
‘‘(b) The strength authorized by this section for the
Army National Guard and the Army National Guard of
the United States, and the strength authorized by this sec-
tion for the Air National Guard and the Air National
Guard of the United States, shall be allocated among the
States.
‘‘§ 12003. Authorized strengths: commissioned offi-
cers in an active status
‘‘(a) The authorized strengths of the Army, Navy, Air
Force, and Marine Corps in reserve commissioned officers,
other than commissioned warrant officers and officers on
an active-duty list, in an active status are as follows:
‘‘Army ......................................................................................
275,000
‘‘Air Force ................................................................................
200,000
‘‘Navy .......................................................................................
150,000
‘‘Marine Corps .........................................................................
24,500.
161
‘‘(b) The authorized strengths prescribed by sub-
section (a) may not be exceeded unless—
‘‘(1) the Secretary concerned determines that a
greater number is necessary for planned mobilization
requirements; or
‘‘(2) the excess results directly from the oper-
ation of a nondiscretionary provision of law.
‘‘§ 12004. Strength in grade: reserve general and flag
officers in an active status
‘‘(a) The authorized strengths of the Army, Air
Force, and Marine Corps in reserve general officers in an
active status, and the authorized strength of the Navy in
reserve officers in the grades of rear admiral (lower half)
and rear admiral in an active-status, are as follows:
‘‘Army ......................................................................................
207
‘‘Air Force ................................................................................
157
‘‘Navy .......................................................................................
‘‘Marine Corps .........................................................................
10.
‘‘(b) The following Army and Air Force reserve offi-
cers shall not be counted for purposes of this section:
‘‘(1) Those serving as adjutants general or as-
sistant adjutants general of a State.
‘‘(2) Those serving in the National Guard Bu-
reau.
‘‘(3) Those counted under section 526 of this
title.
162
‘‘(c)(1) The authorized strength of the Navy under
subsection (a) is exclusive of officers counted under section
526 of this title. Of the number authorized under sub-
section (a), 39 are distributed among the line and the staff
corps as follows:
‘‘Line ..............................................................................................
‘‘Medical Corps ...............................................................................
‘‘Chaplain Corps .............................................................................
‘‘Judge Advocate General’s Corps .................................................
‘‘Dental Corps ................................................................................
2.
‘‘Nurse Corps .................................................................................
1.
‘‘Medical Service Corps ..................................................................
1.
‘‘(2) The remaining authorizations for the Navy
under subsection (a) shall be distributed among such other
staff corps as are established by the Secretary of the Navy
under the authority provided by section 5150(b) of this
title, except that—
‘‘(A) if the Secretary has established a Supply
Corps, the authorized strength for the Supply Corps
shall be seven; and
‘‘(B) if the Secretary has established a Civil
Engineering Corps, the authorized strength for the
Civil Engineering Corps shall be two.
‘‘(3) Not more than 50 percent of the officers in an
active status authorized under this section for the Navy
may serve in the grade of rear admiral.
‘‘(d) The authorized strength of the Marine Corps
under subsection (a) is exclusive of those counted under
section 526 of this title.
163
‘‘(e)(1) A reserve general officer of the Army or Air
Force may not be reduced in grade because of a reduction
in the number of general officers authorized under
subsection (a).
‘‘(2) An officer of the Naval Reserve or the Marine
Corps Reserve may not be reduced in permanent grade
because of a reduction in the number authorized by this
section for his grade.
‘‘§ 12005. Strength in grade: commissioned officers in
grades below brigadier general or rear
admiral (lower half) in an active status
‘‘(a)(1) Subject to paragraph (2), the authorized
strength of the Army and the Air Force in reserve commis-
sioned officers in an active status in each grade named
in paragraph (2) is as prescribed by the Secretary of the
Army or the Secretary of the Air Force, respectively. A
vacancy in any grade may be filled by an authorized ap-
pointment in any lower grade.
‘‘(2) A strength prescribed by the Secretary con-
cerned under paragraph (1) for a grade may not be higher
than the percentage of the strength authorized for the
Army or the Air Force, as the case may be, under section
12003 of this title that is specified for that grade as
follows:
164
Grade
Army per-
centage
Air Force
percentage
Colonel ......................................................................
1.8
Lieutenant colonel ....................................................
4.6
Major ........................................................................
14.0
Captain .....................................................................
32.0
First lieutenant and second lieutenant (when com-
bined with the number authorized for general of-
ficer grades under section 12004 of this title) .....
47.6
‘‘(b)(1) The authorized strengths of the Naval Re-
serve in line officers in an active status in the grades of
captain, commander, lieutenant commander, and lieuten-
ant, and in the grades of lieutenant (junior grade) and
ensign combined, are the following percentages of the total
authorized number of those officers:
‘‘Captain ...................................................................................
1.5 percent
‘‘Commander .............................................................................
percent
‘‘Lieutenant commander ...........................................................
percent
‘‘Lieutenant ..............................................................................
percent
‘‘Lieutenant (junior grade) and ensign (when combined with
the number authorized for flag officer grades under section
12004 of this title) ................................................................
32.5 percent.
‘‘(2) When the actual number of line officers in an
active status in any grade is less than the number author-
ized by paragraph (1) for that grade, the difference may
be applied to increase the number authorized by that para-
graph for any lower grade or grades.
‘‘(c)(1) The authorized strengths of the Marine Corps
Reserve in officers in an active status in the grades of
colonel, lieutenant colonel, major, and captain, and in the
grades of first lieutenant and second lieutenant combined,
are the following percentages of the total authorized num-
ber of those officers:
165
‘‘Colonel ....................................................................................
percent
‘‘Lieutenant colonel ..................................................................
percent
‘‘Major ......................................................................................
percent
‘‘Captain ...................................................................................
percent
‘‘First lieutenant and second lieutenant (when combined with
the number authorized for general officer grades under sec-
tion 12004 of this title) ........................................................
32.5 percent.
‘‘(2) When the actual number of officers in an active
status in any grade is less than the number authorized
by paragraph (1) for that grade, the difference may be
applied to increase the number authorized by that para-
graph for any lower grade or grades.
‘‘(d)(1) An officer of the Army or Air Force may not
be reduced in grade because of a reduction in the number
of commissioned officers authorized for the officer’s grade
under this section.
‘‘(2) An officer of the Naval Reserve or the Marine
Corps Reserve may not be reduced in permanent grade
because of a reduction in the number authorized by this
section for his grade.
‘‘§ 12006. Strength limitations: authority to waive in
time of war or national emergency
‘‘(a) In time of war, or of national emergency de-
clared by Congress or the President, the President may
suspend the operation of any provision of section 12003,
12004, or 12005 of this title. So long as any such war
or national emergency continues, any such suspension may
be extended by the President.
166
‘‘(b) Any suspension under subsection (a) 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 respect to the end of any such suspension, the pre-
ceding sentence supersedes the provisions of title II of the
National Emergencies Act (50 U.S.C. 1621, 1622) which
provide that powers or authorities exercised by reason of
a national emergency shall cease to be exercised after the
date of termination of the emergency.
‘‘§ 12007. Reserve officers of the Army: distribution
‘‘The Secretary of the Army shall distribute the num-
ber of reserve commissioned officers, other than commis-
sioned warrant officers, authorized in each commissioned
grade between those assigned to reserve units organized
to serve as units and those not assigned to such units.
The Secretary shall distribute the number who are as-
signed to reserve units organized to serve as units among
the units of each reserve component by prescribing appro-
priate tables of organization and tables of distribution.
The Secretary shall distribute the number who are not as-
signed to such units between—
‘‘(1) each special branch; and
167
‘‘(2) all other branches taken together.
‘‘§ 12008. Army Reserve and Air Force Reserve: war-
rant officers
‘‘The Secretary of the Army may prescribe the au-
thorized strength of the Army Reserve in warrant officers.
The Secretary of the Air Force may prescribe the author-
ized strength of the Air Force Reserve in warrant officers.
‘‘§ 12009. Army and Air Force reserve components:
temporary increases
‘‘(a) The authorized strength in any reserve grade,
as prescribed under this chapter, for any reserve compo-
nent under the jurisdiction of the Secretary of the Army
or the Secretary of the Air Force is automatically in-
creased to the minimum extent necessary to give effect
to each appointment made in that grade under section
1211(a), 3036, 14304(b), 14314, or 14317 of this title.
‘‘(b) An authorized strength so increased is increased
for no other purpose. While an officer holds that grade,
the officer whose appointment caused the increase is
counted for the purpose of determining when other ap-
pointments, not under those sections, may be made in that
grade.
168
‘‘§ 12010. Computations for Naval Reserve and Ma-
rine Corps Reserve: rule when fraction
occurs in final result
‘‘When there is a fraction in the final result of any
computation under this chapter for the Naval Reserve or
the Marine Corps Reserve, a fraction of one-half or more
is counted as one, and a fraction of less than one-half is
disregarded.
‘‘§ 12012. Authorized strengths: senior enlisted mem-
bers on active duty or on full-time Na-
tional Guard duty for administration of
the reserves or National Guard
‘‘(a) The number of enlisted members in pay grades
E–8 and E–9 who may be on active duty (other than for
training) or on full-time National Guard duty under the
authority of section 502(f) of title 32 (other than for train-
ing) as of the end of any fiscal year in connection with
organizing, administering, recruiting, instructing, or train-
ing the reserve components or the National Guard may
not exceed the number for that grade and armed force
in the following table:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
E–9 ............................................................
569
202
279
E–8 ............................................................
2,585
429
800
169
‘‘(b) Whenever the number of members serving in pay
grade E–9 for duty described in subsection (a) is less than
the number authorized for that grade under subsection
(a), the difference between the two numbers may be ap-
plied to increase the number authorized under such sub-
section for pay grade E–8.’’.
(2)(A) Section 524 is transferred to chapter 1201,
as added by paragraph (1), inserted after section 12010,
and redesignated as section 12011.
(B) The heading of that section is amended to read
as follows:
‘‘§ 12011. Authorized strengths: reserve officers on ac-
tive duty or on full-time National Guard
duty for administration of the reserves or
the National Guard’’.
(3) Chapter 531 and sections 3212, 3217 through
3225, 5454, 5456, 5457, 5458, 8212, and 8217 through
8225 are repealed.
(4) Section 517 is amended—
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as sub-
section (b) and in that subsection striking out ‘‘or
whenever’’ and all that follows through ‘‘under sub-
section (b),’’.
170
(b) ENLISTMENTS.—(1) Part II of subtitle E, as
added by subsection (a), is amended by adding after chap-
ter 1201 (as added by subsection (a)), the following:
‘‘CHAPTER 1203—ENLISTED MEMBERS
‘‘Sec.
‘‘12101. Definition.
‘‘12102. Reserve components: qualifications.
‘‘12103. Reserve components: terms.
‘‘12104. Reserve components: transfers.
‘‘12105. Army Reserve and Air Force Reserve: transfer from Guard compo-
nents.
‘‘12106. Army and Air Force Reserve: transfer to upon withdrawal as member
of National Guard.
‘‘12107. Army National Guard of United States; Air National Guard of the
United States: enlistment in.
‘‘§ 12101. Definition
‘‘In this chapter, the term ‘enlistment’ means original
enlistment or reenlistment.
‘‘§ 12105. Army Reserve and Air Force Reserve: trans-
fer from Guard components
‘‘(a) Under such regulations as the Secretary con-
cerned may prescribe—
‘‘(1) an enlisted member of the Army National
Guard of the United States may be transferred in
grade to the Army Reserve; and
‘‘(2) an enlisted member of the Air National
Guard of the United States may be transferred in
grade to the Air Force Reserve.
‘‘(b) Upon such a transfer, the member transferred
is eligible for promotion to the highest regular or reserve
grade ever held by him in the Army, if transferred under
171
subsection (a)(1), or the Air Force, if transferred under
subsection (a)(2), if his service has been honorable.
‘‘(c) A transfer under this section may only be made
with the consent of the governor or other appropriate au-
thority of the State concerned.
‘‘§ 12106. Army and Air Force Reserve: transfer to
upon withdrawal as member of National
Guard
‘‘(a) An enlisted member of the Army National Guard
of the United States who ceases to be a member of the
Army National Guard becomes a member of the Army Re-
serve unless he is also discharged from his enlistment as
a Reserve.
‘‘(b) An enlisted member of the Air National Guard
of the United States who ceases to be a member of the
Air National Guard becomes a member of the Air Force
Reserve unless he is also discharged from his enlistment
as a Reserve.
‘‘(c) An enlisted member who becomes a member of
the Army Reserve or the Air Force Reserve under this
section ceases to be a member of the Army National
Guard of the United States or the Air National Guard
of the United States, as the case may be.
172
‘‘§ 12107. Army National Guard of United States; Air
National Guard of the United States: en-
listment in
‘‘(a) Except as provided in subsection (c), to become
an enlisted member of the Army National Guard of the
United States or the Air National Guard of the United
States, a person must—
‘‘(1) be enlisted in the Army National Guard or
the Air National Guard, as the case may be;
‘‘(2) subscribe to the oath set forth in section
304 of title 32; and
‘‘(3) be a member of a federally recognized unit
or organization of the Army National Guard or the
Air National Guard, as the case may be, in the
grade in which he is to be enlisted as a Reserve.
‘‘(b)(1) Under regulations to be prescribed by the
Secretary of the Army, a person who enlists in the Army
National Guard, or whose term of enlistment in the Army
National Guard is extended, shall be concurrently enlisted,
or his term of
enlistment
shall
be
concurrently
ex-
tended, as the case may be, as a Reserve of the Army
for service in the Army National Guard of the United
States.
‘‘(2) Under regulations to be prescribed by the Sec-
retary of the Air Force, a person who enlists in the Air
National Guard, or whose term of enlistment in the Air
173
National Guard is extended, shall be concurrently enlisted,
or his term of enlistment shall be concurrently extended,
as the case may be, as a Reserve of the Air Force for
service in the Air National Guard of the United States.
‘‘(c)(1) A member of the Army Reserve who enlists
in the Army National Guard in his reserve grade, and is
a member of a federally recognized unit or organization
of the Army National Guard, becomes a member of the
Army National Guard of the United States and ceases to
be a member of the Army Reserve.
‘‘(2) A member of the Air Force Reserve who enlists
in the Air National Guard in his reserve grade, and is
a member of a federally recognized unit or organization
of the Air National Guard, becomes a member of the Air
National Guard of the United States and ceases to be a
member of the Air Force Reserve.’’.
(2) Sections 510 (as amended by section 201(a)),
511, and 512 are transferred to chapter 1203, as added
by paragraph (1), inserted after section 12101, and redes-
ignated as follows:
Redesignated
Section
section
510 ....................................................................................
12102
511 ....................................................................................
12103
512 ....................................................................................
12104
(3) The following sections are repealed: sections
3259, 3260, 3261, 8259, 8260, and 8261.
174
(c) APPOINTMENT OF OFFICERS.—(1) Part II of sub-
title E, as added by subsection (a), is further amended
by adding after chapter 1203 (as added by subsection (b))
the following:
‘‘CHAPTER 1205—APPOINTMENT OF RESERVE
OFFICERS
‘‘Sec.
‘‘12201. Qualifications for appointment.
‘‘12202. Commissioned officer grades.
‘‘12203. Commissioned officers: appointment, how made; term.
‘‘12204. Commissioned officers: original appointment; limitation.
‘‘12205. Commissioned officers: appointment; educational requirement.
‘‘12206. Commissioned officers: appointment of former commissioned officers.
‘‘12207. Commissioned officers: service credit upon original appointment.
‘‘12208. Officers: appointment upon transfer.
‘‘12209. Officer candidates: enlisted Reserves.
‘‘12210. Attending Physician to the Congress: reserve grade while so serving.
‘‘12211. Officers: Army National Guard of United States.
‘‘12212. Officers: Air National Guard of United States.
‘‘12213. Officers; Army Reserve: transfer from Army National Guard of United
States.
‘‘12214. Officers; Air Force Reserve: transfer from Air National Guard of Unit-
ed States.
‘‘12215. Commissioned officers: reserve grade of adjutants general and assistant
adjutants general.
‘‘§ 12215. Commissioned officers: reserve grade of ad-
jutants general and assistant adjutants
general
‘‘(a) The adjutant general or an assistant adjutant
general of the Army National Guard of a State may, upon
being extended Federal recognition, be appointed as a re-
serve officer of the Army as of the date on which he is
so recognized.
‘‘(b) The adjutant general or an assistant adjutant
general of the Air National Guard of a State may be ap-
175
pointed in the reserve commissioned grade in which Fed-
eral recognition in the Air National Guard is extended to
him.’’.
(2) Sections 591 (as amended by section 201(b)),
592, 593 (as amended by section 202), 594, 596, 596a
(as added by section 203), 596b (as added by section 204),
and 595 are transferred (in that order) to chapter 1205,
as added by paragraph (1), inserted after the table of sec-
tions, and redesignated as follows:
Section
Redesignated
section
591 ....................................................................................
12201
592 ....................................................................................
12202
593 ....................................................................................
12203
594 ....................................................................................
12204
596 ....................................................................................
12205
596a (as added by section 203) ........................................
12206
596b (as added by section 204) ........................................
12207
595 ....................................................................................
12208
(3) Sections 600, 600a, 3351, 8351, 3352 (as amend-
ed by section 206(a)), and 8352 are transferred (in that
order) to chapter 1205, as added by paragraph (1), in-
serted after section 12208, and redesignated as follows:
Section
Redesignated
section
600 ....................................................................................
12209
600a ..................................................................................
12210
3351 ..................................................................................
12211
8351 ..................................................................................
12212
3352 ..................................................................................
12213
8352 ..................................................................................
12214
(d) WARRANT OFFICERS.—(1) Part II of subtitle E,
as added by subsection (a), is further amended by adding
176
after chapter 1205 (as added by subsection (c)) the follow-
ing:
‘‘CHAPTER 1207—WARRANT OFFICERS
‘‘Sec.
‘‘12241. Warrant officers: grades; appointment, how made; term.
‘‘12242. Warrant officers: promotion.
‘‘12243. Warrant officers: suspension of laws for promotions or mandatory re-
tirement or separation during war or emergency.’’.
(2) Sections 597, 598, and 599 are transferred to
chapter 1207, as added by paragraph (1), inserted after
the table of sections, and redesignated as follows:
Section
Redesignated
section
597 ....................................................................................
12241
598 ....................................................................................
12242
599 ....................................................................................
12243
(3) Chapter 34 is amended to read as follows:
‘‘CHAPTER 34—APPOINTMENTS AS RESERVE
OFFICERS
‘‘Sec.
‘‘591. Reference to chapters 1205 and 1207.
‘‘§ 591. Reference to chapters 1205 and 1207
‘‘Provisions of law relating to appointments of reserve
officers other than warrant officers are set forth in chap-
ter 1205 of this title (beginning with section 12201). Pro-
visions of law relating to appointments and promotion of
reserve warrant officers are set forth in chapter 1207 (be-
ginning with section 12241).’’.
(e) ACTIVE DUTY.—(1) Part II of subtitle E, as
added by subsection (a), is further amended by adding
177
after chapter 1207 (as added by subsection (d)) the follow-
ing:
‘‘CHAPTER 1209—ACTIVE DUTY
‘‘Sec.
‘‘12301. Reserve components generally.
‘‘12302. Ready Reserve.
‘‘12303. Ready Reserve: members not assigned to, or participating satisfactorily
in, units.
‘‘12304. Selected Reserve: order to active duty other than during war or na-
tional emergency.
‘‘12305. Authority of President to suspend certain laws relating to promotion,
retirement, and separation.
‘‘12306. Standby Reserve.
‘‘12307. Retired Reserve.
‘‘12308. Retention on active duty after becoming qualified for retired pay.
‘‘12309. Reserve officers: use of in expansion of armed forces.
‘‘12310. Reserves: for organizing, administering, etc., reserve components.
‘‘12311. Active duty agreements.
‘‘12312. Active duty agreements: release from duty.
‘‘12313. Reserves: release from active duty.
‘‘12314. Reserves: kinds of duty.
‘‘12315. Reserves: duty with or without pay.
‘‘12316. Payment of certain Reserves while on duty.
‘‘12317. Reserves: theological students; limitations.
‘‘12318. Reserves on active duty: duties; funding.
‘‘12319. Ready Reserve: muster duty.
‘‘12320. Reserve officers: grade in which ordered to active duty.
‘‘12321. Limitation on duty with Reserve Officer Training Corps units.’’.
(2) Sections 672 through 687, section 689 (as
amended by section 114), and section 690 are transferred
to chapter 1209, as added by paragraph (1), inserted after
the table of sections, and redesignated as follows:
Section
Redesignated
section
672 ....................................................................................
12301
673 ....................................................................................
12302
673a ..................................................................................
12303
673b ..................................................................................
12304
673c ...................................................................................
12305
674 ....................................................................................
12306
675 ....................................................................................
12307
676 ....................................................................................
12308
677 ....................................................................................
12309
678 ....................................................................................
12310
679 ....................................................................................
12311
178
680 ....................................................................................
12312
681 ....................................................................................
12313
682 ....................................................................................
12314
683 ....................................................................................
12315
684 ....................................................................................
12316
685 ....................................................................................
12317
686 ....................................................................................
12318
687 ....................................................................................
12319
689 ....................................................................................
12320
690 ....................................................................................
12321
(3) Chapter 39 is amended by inserting after section
671b the following:
‘‘§ 672. Reference to chapter 1209
‘‘Provisions of law relating to service of members of
reserve components on active duty are set forth in chapter
1209 of this title (beginning with section 12301).’’.
(f) NATIONAL GUARD MEMBERS IN FEDERAL SERV-
ICE.—(1) Part II of subtitle E, as added by subsection
(a), is further amended by adding after chapter 1209 (as
added by subsection (e)) the following:
‘‘CHAPTER 1211—NATIONAL GUARD MEMBERS IN
FEDERAL SERVICE
‘‘Sec.
‘‘12401. Army and Air National Guard of United States: status.
‘‘12402. Army and Air National Guard of United States: commissioned officers;
duty in National Guard Bureau.
‘‘12403. Army and Air National Guard of United States: members; status in
which ordered into Federal service.
‘‘12404. Army and Air National Guard of United States: mobilization; mainte-
nance of organization.
‘‘12405. National Guard in Federal service: status.
‘‘12406. National Guard in Federal service: call.
‘‘12407. National Guard in Federal service: period of service; apportionment.
‘‘12408. National Guard in Federal service: physical examination.
179
‘‘§ 12401. Army and Air National Guard of the United
States: status
‘‘Members of the Army National Guard of the United
States and the Air National Guard of the United States
are not in active Federal service except when ordered
thereto under law.
‘‘§ 12402. Army and Air National Guard of United
States: commissioned officers; duty in Na-
tional Guard Bureau
‘‘(a) The President may, with their consent, order
commissioned officers of the Army National Guard of the
United States and the Air National Guard of the United
States to active duty in the National Guard Bureau.
‘‘(b)(1) The number of officers of the Army National
Guard of the United States in grades below brigadier gen-
eral who are ordered to active duty in the National Guard
Bureau may not be more than 40 percent of the number
of officers of the Army authorized for duty in that Bureau
and, to the extent practicable, shall not exceed 40 percent
of the number of officers of the Army serving in that Bu-
reau in any grade below brigadier general.
‘‘(2) The number of officers of the Air National
Guard of the United States in grades below brigadier gen-
eral who are ordered to active duty in the National Guard
Bureau may not be more than 40 percent of the number
of officers of the Air Force authorized for duty in that
180
Bureau and, to the extent practicable, shall not exceed 40
percent of the number of officers of the Air Force serving
in that Bureau in any grade below brigadier general.
‘‘§ 12403. Army and Air National Guard of United
States: members; status in which ordered
into Federal service
‘‘Members of the Army National Guard of the United
States ordered to active duty shall be ordered to duty as
Reserves of the Army. Members of the Air National Guard
of the United States ordered to active duty shall be or-
dered to duty as Reserves of the Air Force.
‘‘§ 12404. Army and Air National Guard of United
States: mobilization; maintenance of or-
ganization
‘‘During an initial mobilization, the organization of
a unit of the Army National Guard of the United States
or of the Air National Guard of the United States ordered
into active Federal service shall, so far as practicable, be
maintained as it existed on the date of the order to duty.
‘‘§ 12405. National Guard in Federal service: status
‘‘Members of the National Guard called into Federal
service are, from the time when they are required to re-
spond to the call, subject to the laws and regulations gov-
erning the Army or the Air Force, as the case may be,
181
except those applicable only to members of the Regular
Army or Regular Air Force, as the case may be.
‘‘§ 12406. National Guard in Federal service: call
‘‘Whenever—
‘‘(1) the United States, or any of the Terri-
tories, Commonwealths, or possessions, is invaded or
is in danger of invasion by a foreign nation;
‘‘(2) there is a rebellion or danger of a rebellion
against the authority of the Government of the
United States; or
‘‘(3) the President is unable with the regular
forces to execute the laws of the United States;
the President may call into Federal service members and
units of the National Guard of any State in such numbers
as he considers necessary to repel the invasion, suppress
the rebellion, or execute those laws. Orders for these pur-
poses shall be issued through the governors of the States
or, in the case of the District of Columbia, through the
commanding general of the National Guard of the District
of Columbia.
‘‘§ 12407. National Guard in Federal service: period
of service; apportionment
‘‘(a) Whenever the President calls the National
Guard of a State into Federal service, he may specify in
the call the period of the service. Members and units called
182
shall serve inside or outside the territory of the United
States during the term specified, unless sooner relieved by
the President. However, no member of the National Guard
may be kept in Federal service beyond the term of his
commission or enlistment.
‘‘(b) When the National Guard of a State is called
into Federal service with the National Guard of another
of those jurisdictions, the President may apportion the
total number called from the Army National Guard or
from the Air National Guard, as the case may be, on the
basis of the populations of the jurisdictions affected by
the call.
‘‘§ 12408. National Guard in Federal service: physical
examination
‘‘(a) Under regulations prescribed by the President,
each member of the National Guard called into Federal
service shall be examined as to physical fitness, without
further commission or enlistment.
‘‘(b) Immediately before such a member is mustered
out of Federal service, he shall be examined as to physical
fitness. The record of this examination shall be retained
by the United States.’’.
(2) Sections 3495 through 3502 and 8495 through
8502 are repealed.
183
(g) MISCELLANEOUS PROVISIONS.—(1) Part II of
subtitle E, as added by subsection (a), is further amended
by adding after chapter 1211 (as added by subsection (f))
the following:
‘‘CHAPTER 1213—SPECIAL APPOINTMENTS,
ASSIGNMENTS, DETAILS, AND DUTIES
‘‘Sec.
‘‘12501. Reserve components: detail of members of regular and reserve compo-
nents to assist.
‘‘12502. Chief and assistant chief of staff of National Guard divisions and wings
in Federal service: detail.
‘‘§ 12501. Reserve components: detail of members of
regular and reserve components to assist
‘‘The Secretary concerned shall detail such members
of the regular and reserve components under his jurisdic-
tion as are necessary to effectively develop, train, instruct,
and administer those reserve components.
‘‘§ 12502. Chief and assistant chief of staff of National
Guard divisions and wings in Federal
service: detail
‘‘(a) The President may detail a regular or reserve
officer of the Army as chief of staff, and a regular or re-
serve officer or an officer of the Army National Guard
as assistant to the chief of staff, of any division of the
Army National Guard that is in Federal service as an
Army National Guard organization.
‘‘(b) The President may detail a regular or reserve
officer of the Air Force as chief of staff, and a regular
184
or reserve officer or an officer of the Air National Guard
as assistant to the chief of staff, of any wing of the Air
National Guard that is in Federal service as an Air Na-
tional Guard organization.
‘‘CHAPTER 1215—MISCELLANEOUS
PROHIBITIONS AND PENALTIES
‘‘[No present sections]
‘‘CHAPTER 1217—MISCELLANEOUS RIGHTS AND
BENEFITS
‘‘Sec.
‘‘12601. Compensation: Reserve on active duty accepting from any person.
‘‘12602. Members of Army National Guard of United States and Air National
Guard of United States: credit for service as members of Na-
tional Guard.
‘‘§ 12601. Compensation: Reserve on active duty ac-
cepting from any person
‘‘Any Reserve who, before being ordered to active
duty, was receiving compensation from any person may,
while he is on that duty, receive compensation from that
person.
‘‘§ 12602. Members of Army National Guard of United
States and Air National Guard of United
States: credit for service as members of
National Guard
‘‘(a) For the purposes of laws providing benefits for
members of the Army National Guard of the United
States and their dependents and beneficiaries—
185
‘‘(1) military training, duty, or other service
performed by a member of the Army National Guard
of the United States in his status as a member of
the Army National Guard for which he is entitled to
pay from the United States shall be considered mili-
tary training, duty, or other service, as the case may
be, in Federal service as a Reserve of the Army;
‘‘(2) full-time National Guard duty performed
by a member of the Army National Guard of the
United States shall be considered active duty in
Federal service as a Reserve of the Army; and
‘‘(3) inactive-duty training performed by a
member of the Army National Guard of the United
States in his status as a member of the Army Na-
tional Guard, in accordance with regulations pre-
scribed under section 502 of title 32 or other express
provision of law, shall be considered inactive-duty
training in Federal service as a Reserve of the
Army.
‘‘(b) For the purposes of laws providing benefits for
members of the Air National Guard of the United States
and their dependents and beneficiaries—
‘‘(1) military training, duty, or other service
performed by a member of the Air National Guard
of the United States in his status as a member of
186
the Air National Guard for which he is entitled to
pay from the United States shall be considered mili-
tary training, duty, or other service, as the case may
be, in Federal service as a Reserve of the Air Force;
‘‘(2) full-time National Guard duty performed
by a member of the Air National Guard of the Unit-
ed States shall be considered active duty in Federal
service as a Reserve of the Air Force; and
‘‘(3) inactive-duty training performed by a
member of the Air National Guard of the United
States in his status as a member of the Air National
Guard, in accordance with regulations prescribed
under section 502 of title 32 or other express provi-
sion of law, shall be considered inactive-duty train-
ing in Federal service as a Reserve of the Air
Force.’’.
(2) Sections 715, 1033, 3542, 3686, 8542, and 8686
are repealed.
(h) STANDARDS AND PROCEDURES FOR RETENTION
AND PROMOTION.—(1) Part II of subtitle E, as added by
subsection (a), is further amended by adding after chapter
1217 (as added by subsection (g)) the following:
‘‘CHAPTER 1219—STANDARDS AND PROCEDURES
FOR RETENTION AND PROMOTION
‘‘Sec.
‘‘12641. Standards and procedures: Secretary to prescribe.
‘‘12642. Standards and qualifications: result of failure to comply with.
187
‘‘12643. Boards for appointment, promotion, and certain other purposes: com-
position.
‘‘12644. Members physically not qualified for active duty: discharge or transfer
to retired status.
‘‘12645. Commissioned officers: retention until completion of required service.
‘‘12646. Commissioned officers: retention of after completing 18 or more, but
less than 20, years of service.
‘‘12647. Commissioned officers: retention in active status while assigned to Se-
lective Service System or serving as United States property and
fiscal officers.’’.
(2) Sections 1001, 1002, 266, 1004 (as amended by
section 301(b)(4)), and 1005 through 1007 are trans-
ferred (in that order) to chapter 1219, as added by para-
graph (1), inserted after the table of sections, and redesig-
nated as follows:
Section
Redesignated
section
1001 ..................................................................................
12641
1002 ..................................................................................
12642
266 ..................................................................................
12643
1004 ..................................................................................
12644
1005 ..................................................................................
12645
1006 ..................................................................................
12646
1007 ..................................................................................
12647
(3) Section 1003 is repealed.
(4)(A) The heading of section 12641 (as so redesig-
nated) is amended to read as follows:
‘‘§ 12641. Standards and procedures: Secretary to pre-
scribe’’.
(B) The heading of section 12644 (as so redesig-
nated) is amended to read as follows:
188
‘‘§ 12644. Members physically not qualified for active
duty: discharge or transfer to retired sta-
tus’’.
(5) Chapter 51 is amended by striking out the table
of sections at the beginning and inserting in lieu thereof
the following:
‘‘Sec.
‘‘1001. Reference to chapter 1219.
‘‘§ 1001. Reference to chapter 1219
‘‘Provisions of law relating to standards and proce-
dures for retention and promotion of members of reserve
components are set forth in chapter 1219 of this title (be-
ginning with section 12641).’’.
(i) SEPARATION.—(1) Part II of subtitle E, as added
by subsection (a), is further amended by adding after
chapter 1219 (as added by subsection (h)) the following:
‘‘CHAPTER 1221—SEPARATION
‘‘Sec.
‘‘12681. Reserves: discharge authority.
‘‘12682. Reserves: discharge upon becoming ordained minister of religion.
‘‘12683. Reserve officers: limitation on involuntary separation.
‘‘12684. Reserves: separation for absence without authority or sentence to im-
prisonment.
‘‘12685. Reserves separated for cause: character of discharge.
‘‘12686. Reserves on active duty within two years of retirement eligibility: limi-
tation on release from active duty.
‘‘§ 12681. Reserves: discharge authority
‘‘Subject to other provisions of this title, reserve com-
missioned officers may be discharged at the pleasure of
the President. Other Reserves may be discharged under
regulations prescribed by the Secretary concerned.
189
‘‘§ 12682. Reserves: discharge upon becoming or-
dained minister of religion
‘‘Under regulations to be prescribed by the Secretary
of Defense, a Reserve who becomes a regular or ordained
minister of religion is entitled upon his request to a dis-
charge from his reserve enlistment or appointment.
‘‘§ 12683. Reserve officers: limitation on involuntary
separation
‘‘(a) An officer of a reserve component who has at
least five years of service as a commissioned officer may
not be separated from that component without his consent
except—
‘‘(1) under an approved recommendation of a
board of officers convened by an authority des-
ignated by the Secretary concerned; or
‘‘(2) by the approved sentence of a court-
martial.
‘‘(b) Subsection (a) does not apply—
‘‘(1) to a separation under section 12684,
14901, or 14907 of this title;
‘‘(2) to a dismissal under section 1161(a) of
this title; or
‘‘(3) to a transfer under section 12213, 12214,
14514, or 14515 of this title.
190
‘‘§ 12684. Reserves: separation for absence without
authority or sentence to imprisonment
‘‘The President or the Secretary concerned may drop
from the rolls of the armed force concerned any Reserve—
‘‘(1) who has been absent without authority for
at least three months; or
‘‘(2) who is sentenced to confinement in a Fed-
eral or State penitentiary or correctional institution
after having been found guilty of an offense by a
court other than a court-martial or other military
court, and whose sentence has become final.
‘‘§ 12685. Reserves separated for cause: character of
discharge
‘‘A member of a reserve component who is separated
for cause, except under section 12684 of this title, is enti-
tled to a discharge under honorable conditions unless—
‘‘(1) the member is discharged under conditions
other than honorable under an approved sentence of
a court-martial or under the approved findings of a
board of officers convened by an authority des-
ignated by the Secretary concerned; or
‘‘(2) the member consents to a discharge under
conditions other than honorable with a waiver of
proceedings of a court-martial or a board.
191
‘‘§ 12686. Reserves on active duty within two years of
retirement eligibility: limitation on re-
lease from active duty
‘‘Under regulations to be prescribed by the Secretary
concerned, which shall be as uniform as practicable, a
member of a reserve component who is on active duty
(other than for training) and is within two years of becom-
ing eligible for retired pay or retainer pay under a purely
military retirement system, may not be involuntarily re-
leased from that duty before he becomes eligible for that
pay, unless the release is approved by the Secretary.’’.
(2) Sections 1162 and 1163 are repealed.
(j) RETIRED PAY.—(1) Chapter 67 is transferred to
part II of subtitle E, as added by subsection (a), inserted
after chapter 1221 (as added by subsection (i)), and
amended to read as follows:
‘‘CHAPTER 1223—RETIRED PAY FOR NON-
REGULAR SERVICE
‘‘Sec.
‘‘12731. Age and service requirements.
‘‘12731a. Temporary special retirement qualification authority.
‘‘12732. Entitlement to retired pay: computation of years of service.
‘‘12733. Computation of retired pay: computation of years of service.
‘‘12734. Time not creditable toward years of service.
‘‘12735. Inactive status list.
‘‘12736. Service credited for retired pay benefits not excluded for other benefits.
‘‘12737. Limitation on active duty.
‘‘12738. Limitations on revocation of retired pay.
‘‘12739. Computation of retired pay.
192
‘‘§ 12731. Age and service requirements
‘‘(a) Except as provided in subsection (c), a person
is entitled, upon application, to retired pay computed
under section 12739 of this title, if the person—
‘‘(1) is at least 60 years of age;
‘‘(2) has performed at least 20 years of service
computed under section 12732 of this title;
‘‘(3) performed the last eight years of qualify-
ing service while a member of any category named
in section 12732(a)(1) of this title, but not while a
member of a regular component, the Fleet Reserve,
or the Fleet Marine Corps Reserve; and
‘‘(4) is not entitled, under any other provision
of law, to retired pay from an armed force or re-
tainer pay as a member of the Fleet Reserve or the
Fleet Marine Corps Reserve.
‘‘(b) Application for retired pay under this section
must be made to the Secretary of the military department,
or the Secretary of Transportation, as the case may be,
having jurisdiction at the time of application over the
armed force in which the applicant is serving or last
served.
‘‘(c)(1) A person who, before August 16, 1945, was
a Reserve of an armed force, or a member of the Army
without component or other category covered by section
193
12732(a)(1) of this title except a regular component, is
not eligible for retired pay under this chapter unless—
‘‘(A) the person performed active duty during
World War I or World War II; or
‘‘(B) the person performed active duty (other
than for training) during the Korean conflict, the
Berlin crisis, or the Vietnam era.
‘‘(2) In this subsection:
‘‘(A) The term ‘World War I’ means the period
beginning on April 6, 1917, and ending on Novem-
ber 11, 1918.
‘‘(B) The term ‘World War II’ means the pe-
riod beginning on September 9, 1940, and ending on
December 31, 1946.
‘‘(C) The term ‘‘Korean conflict’ means the pe-
riod beginning on June 27, 1950, and ending on
July 27, 1953.
‘‘(D) The term ‘‘Berlin crisis’ means the period
beginning on August 14, 1961, and ending on May
30, 1963.
‘‘(E) The term ‘‘Vietnam era’ means the period
beginning on August 5, 1964, and ending on
March 27, 1973.
‘‘(d) The Secretary concerned shall notify each per-
son who has completed the years of service required for
194
eligibility for retired pay under this chapter. The notice
shall be sent, in writing, to the person concerned within
one year after the person completes that service. The no-
tice shall include notice of the elections available to such
person under the Survivor Benefit Plan established under
subchapter II of chapter 73 of this title and the Supple-
mental Survivor Benefit Plan established under sub-
chapter III of that chapter, and the effects of such
elections.
‘‘(e) Notwithstanding section 8301 of title 5, the date
of entitlement to retired pay under this section shall be
the date on which the requirements of subsection (a)
have been completed.
‘‘§ 12731a. Temporary special retirement qualifica-
tion authority
‘‘(a) RETIREMENT WITH AT LEAST 15 YEARS OF
SERVICE.—For the purposes of section 12731 of this title,
the Secretary of a military department may—
‘‘(1) during the period described in subsection
(b), determine to treat a member of the Selected Re-
serve of a reserve component of the armed force
under the jurisdiction of that Secretary as having
met the service requirements of subsection (a)(2) of
that section and provide the member with the notifi-
195
cation required by subsection (d) of that section if
the member—
‘‘(A) as of October 1, 1991, has completed
at least 15, and less than 20, years of service
computed under section 12732 of this title; or
‘‘(B) after that date and before October 1,
1995, completes 15 years of service computed
under that section; and
‘‘(2) upon the request of the member submitted
to the Secretary within one year after the date of
the notification referred to in paragraph (1), trans-
fer the member to the Retired Reserve.
‘‘(b) PERIOD OF AUTHORITY.—The period referred
to in subsection (a)(1) is the period beginning on Octo-
ber 23, 1992, and ending on October 1, 1995.
‘‘(c) APPLICABILITY SUBJECT TO NEEDS OF THE
SERVICE.—(1) The Secretary of the military department
concerned may limit the applicability of subsection (a) to
any category of personnel defined by the Secretary in
order to meet a need of the armed force under the jurisdic-
tion of the Secretary to reduce the number of members
in certain grades, the number of members who have com-
pleted a certain number of years of service, or the number
of members who possess certain military skills or are serv-
ing in designated competitive categories.
196
‘‘(2) A limitation under paragraph (1) shall be con-
sistent with the purpose set forth in section 4414(a) of
the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102–484; 106 Stat. 2713).
‘‘(d) EXCLUSION.—This section does not apply to
persons referred to in section 12731(c) of this title.
‘‘(e) REGULATIONS.—The authority provided in this
section shall be subject to regulations prescribed by the
Secretary of Defense.
‘‘§ 12732. Entitlement to retired pay: computation of
years of service
‘‘(a) Except as provided in subsection (b), for the
purpose of determining whether a person is entitled to re-
tired pay under section 12731 of this title, the person’s
years of service are computed by adding the following:
‘‘(1) The person’s years of service, before July
1, 1949, in the following:
‘‘(A) The armed forces.
‘‘(B) The federally recognized National
Guard before June 15, 1933.
‘‘(C) A federally recognized status in the
National Guard before June 15, 1933.
‘‘(D) The National Guard after June 14,
1933, if his service therein was continuous from
the date of his enlistment in the National
197
Guard, or his Federal recognition as an officer
therein, to the date of his enlistment or ap-
pointment, as the case may be, in the National
Guard of the United States, the Army National
Guard of the United States, or the Air National
Guard of the United States.
‘‘(E) The Naval Reserve Force.
‘‘(F) The Naval Militia that conformed to
the standards prescribed by the Secretary of the
Navy.
‘‘(G) The National Naval Volunteers.
‘‘(H) The Army Nurse Corps, the Navy
Nurse Corps, the Nurse Corps Reserve of the
Army, or the Nurse Corps Reserve of the Navy,
as it existed at any time after February 2,
1901.
‘‘(I) The Army under an appointment
under the Act of December 22, 1942 (ch.
805, 56 Stat. 1072).
‘‘(J) An active full-time status, except as a
student or apprentice, with the Medical Depart-
ment of the Army as a civilian employee—
‘‘(i) in the dietetic or physical therapy
categories, if the service was performed
198
after April 6, 1917, and before April 1,
1943; or
‘‘(ii) in the occupational therapy cat-
egory, if the service was performed before
appointment in the Army Nurse Corps or
the Women’s Medical Specialist Corps and
before January 1, 1949, or before appoint-
ment in the Air Force before January 1,
1949, with a view to designation as an Air
Force nurse or medical specialist.
‘‘(2) Each one-year period, after July 1, 1949,
in which the person has been credited with at least
50 points on the following basis:
‘‘(A) One point for each day of—
‘‘(i) active service; or
‘‘(ii) full-time service under sections
316, 502, 503, 504, and 505 of title 32
while performing annual training duty or
while attending a prescribed course of in-
struction at a school designated as a serv-
ice school by law or by the Secretary con-
cerned;
if that service conformed to required standards
and qualifications.
199
‘‘(B) One point for each attendance at a
drill or period of equivalent instruction that was
prescribed for that year by the Secretary con-
cerned and conformed to the requirements pre-
scribed by law, including attendance under sec-
tion 502 of title 32.
‘‘(C) Points at the rate of 15 a year for
membership—
‘‘(i) in a reserve component of an
armed force,
‘‘(ii) in the Army or the Air Force
without component, or
‘‘(iii) in any other category covered by
subsection (a)(1) except a regular compo-
nent.
For the purpose of clauses (A), (B), and (C), service
in the National Guard shall be treated as if it were
service in a reserve component, if the person con-
cerned was later appointed in the National Guard of
the United States, the Army National Guard of the
United States, the Air National Guard of the United
States, or as a Reserve of the Army or the Air
Force, and served continuously in the National
Guard from the date of his Federal recognition to
the date of that appointment.
200
‘‘(3) The person’s years of active service in the
Commissioned Corps of the Public Health Service.
‘‘(4) The person’s years of active commissioned
service in the National Oceanic and Atmospheric Ad-
ministration (including active commissioned service
in the Environmental Science Services Administra-
tion and in the Coast and Geodetic Survey).
‘‘(b) The following service may not be counted under
subsection (a):
‘‘(1) Service (other than active service) in an in-
active section of the Organized Reserve Corps or of
the Army Reserve, or in an inactive section of the
officers’ section of the Air Force Reserve.
‘‘(2) Service (other than active service) after
June 30, 1949, while on the Honorary Retired List
of the Naval Reserve or of the Marine Corps
Reserve.
‘‘(3) Service in the inactive National Guard.
‘‘(4) Service in a non-federally recognized sta-
tus in the National Guard.
‘‘(5) Service in the Fleet Reserve or the Fleet
Marine Corps Reserve.
‘‘(6) Service as an inactive Reserve nurse of the
Army Nurse Corps established by the Act of Feb-
ruary 2, 1901 (ch. 192, 31 Stat. 753), as amended,
201
and service before July 1, 1938, as an inactive Re-
serve nurse of the Navy Nurse Corps established by
the Act of May 13, 1908 (ch. 166, 35 Stat. 146).
‘‘(7) Service in any status other than that as
commissioned officer, warrant officer, nurse, flight
officer, aviation midshipman, appointed aviation
cadet, or enlisted member, and that described in
clauses (I) and (J) of subsection (a)(1).
‘‘§ 12733. Computation of retired pay: computation of
years of service
‘‘For the purpose of computing the retired pay of a
person under this chapter, the person’s years of service
and any fraction of such a year are computed by dividing
360 into the sum of the following:
‘‘(1) The person’s days of active service.
‘‘(2) The person’s days of full-time service
under sections 316, 502, 503, 504, and 505 of title
32 while performing annual training duty or while
attending a prescribed course of instruction at a
school designated as a service school by law or by
the Secretary concerned.
‘‘(3) One day for each point credited to the per-
son under clause (B) or (C) of section 12732(a)(2)
of this title, but not more than 60 days in any one
year.
202
‘‘(4) 50 days for each year before July 1, 1949,
and proportionately for each fraction of a year, of
service (other than active service) in a reserve com-
ponent of an armed force, in the Army or the Air
Force without component, or in any other category
covered by section 12732(a)(1) of this title, except
a regular component.
‘‘§ 12734. Time 
not 
creditable 
toward 
years 
of
service
‘‘(a) Service in an inactive status may not be counted
in any computation of years of service under this chapter.
‘‘(b) Time spent after retirement (without pay) for
failure to conform to standards and qualifications pre-
scribed under section 12641 of this title may not be cred-
ited in a computation of years of service under this
chapter.
‘‘§ 12735. Inactive status list
‘‘(a) A member who would be eligible for retired pay
under this chapter but for the fact that that member is
under 60 years of age may be transferred, at his request
and by direction of the Secretary concerned, to such inac-
tive status list as may be established for members of his
armed force, other than members of a regular component.
203
‘‘(b) While on an inactive status list under subsection
(a), a member is not required to participate in any train-
ing or other program prescribed for his component.
‘‘(c) The Secretary may at any time recall to active
status a member who is on an inactive status list under
subsection (a).
‘‘§ 12736. Service credited for retired pay benefits
not excluded for other benefits
‘‘No period of service included wholly or partly in de-
termining a person’s right to, or the amount of, retired
pay under this chapter may be excluded in determining
his eligibility for any annuity, pension, or old-age benefit,
under any other law, on account of civilian employment
by the United States or otherwise, or in determining the
amount payable under that law, if that service is otherwise
properly credited under it.
‘‘§ 12737. Limitation on active duty
‘‘A member of the armed forces may not be ordered
to active duty solely for the purpose of qualifying the
member for retired pay under this chapter.
‘‘§ 12738. Limitations on revocation of retired pay
‘‘(a) After a person is granted retired pay under this
chapter, or is notified in accordance with section 12731(d)
of this title that the person has completed the years of
service required for eligibility for retired pay under this
204
chapter, the person’s eligibility for retired pay may not
be denied or revoked on the basis of any error, miscalcula-
tion, misinformation, or administrative determination of
years of service performed as required by section
12731(a)(2) of this title, unless it resulted directly from
the fraud or misrepresentation of the person.
‘‘(b) The number of years of creditable service upon
which retired pay is computed may be adjusted to correct
any error, miscalculation, misinformation, or administra-
tive determination and when such a correction is made the
person is entitled to retired pay in accordance with the
number of years of creditable service, as corrected, from
the date the person is granted retired pay.
‘‘§ 12739. Computation of retired pay
‘‘(a) The monthly retired pay of a person entitled to
that pay under this chapter is the product of—
‘‘(1) the retired pay base for that person as
computed under section 1406(b)(2) or 1407 of this
title; and
‘‘(2) 21⁄2 percent of the years of service credited
to that person under section 12733 of this title.
‘‘(b) The amount computed under subsection (a) may
not exceed 75 percent of the retired pay base upon which
the computation is based.
205
‘‘(c) Amounts computed under this section, if not a
multiple of $1, shall be rounded down to the next lower
multiple of $1.’’.
(2) Section 1401(a) is amended by striking out for-
mula number 3 in the table set forth in that section.
(3) Section 1405(a)(3) is amended by striking out
‘‘section 1333’’ and ‘‘section 1331’’ and inserting in lieu
thereof ‘‘section 12733’’ and ‘‘section 12731’’, respec-
tively.
(4) Section 1406(b) is amended—
(A) by striking out the matter preceding the
table and inserting in lieu thereof the following:
‘‘(b) RETIREMENT UNDER SUBTITLE A OR E.—
‘‘(1) DISABILITY, 
WARRANT
OFFICER, 
AND
DOPMA
RETIREMENT.—In the case of a person
whose retired pay is computed under this subtitle,
the retired pay base is determined in accordance
with the following table.’’;
(B) in the table—
(i) by striking out the entry relating to sec-
tion 1331 (including the matter relating to that
entry in the column under the heading ‘‘The re-
tired pay base is:’’); and
206
(ii) by redesignating the references to foot-
notes 3 and 4 so as to refer to footnotes 2 and
3, respectively;
(C) by striking out footnote 2 to the table and
redesignating footnotes 3 and 4 as footnotes 2 and
3, respectively; and
(D) by adding at the end the following:
‘‘(2) NON-REGULAR SERVICE RETIREMENT.—In
the case of a person who is entitled to retired pay
under section 12731 of this title, the retired pay
base is the monthly basic pay, determined at the
rates applicable on the date when retired pay is
granted, of the highest grade held satisfactorily by
the person at any time in the armed forces. For pur-
poses of the preceding sentence, the highest grade in
which a person served satisfactorily as an officer
shall be determined in accordance with section
1370(d) of this title.’’.
(5) Section 1407 is amended—
(A) in subsection (c)(2)(B), by striking out
‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter
1223’’; and
(B) in subsection (f)(2)—
207
(i) by striking out ‘‘CHAPTER 67’’ in the
heading and inserting in lieu thereof ‘‘CHAPTER
1223’’; and
(ii) by striking out ‘‘section 1331’’ and in-
serting in lieu thereof ‘‘section 12731’’.
(6) Section 1409(a)(1)(B) is amended by striking out
‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter
1223’’.
(7) Part II of subtitle A is amended by inserting after
chapter 65 the following:
‘‘CHAPTER 67—RETIRED PAY FOR NONREGULAR
SERVICE
‘‘Sec.
‘‘1331. Reference to chapter 1223.
‘‘§ 1331. Reference to chapter 1223
‘‘Provisions of law relating to retired pay for
nonregular service are set forth in chapter 1223 of this
title (beginning with section 12731).’’.
(8) Section 6034 is repealed.
(k) RETIRED GRADE.—(1) Part II of subtitle E, as
added by subsection (a), is further amended by adding
after chapter 1223 (as added by subsection (j)) the follow-
ing:
‘‘CHAPTER 1225—RETIRED GRADE
‘‘Sec.
‘‘12771. Reserve officers: grade on transfer to Retired Reserve.
‘‘12772. Reserve commissioned officers who have served as Attending Physician
to the Congress: grade on transfer to Retired Reserve.
208
‘‘12773. Limitation on accrual of increased pay or benefits.
‘‘12774. Retired lists.
‘‘§ 12771. Reserve officers: grade on transfer to Re-
tired Reserve
‘‘Unless entitled to a higher grade under another pro-
vision of law, a reserve commissioned officer, other than
a commissioned warrant officer, who is transferred to the
Retired Reserve is entitled to be placed on the retired list
established by section 12774(a) of this title in the highest
grade in which he served satisfactorily, as determined by
the Secretary concerned and in accordance with section
1370(d), in the armed force in which he is serving on the
date of transfer.
‘‘§ 12772. Reserve commissioned officers who have
served as Attending Physician to the
Congress: grade on transfer to Retired
Reserve
‘‘Unless entitled to a higher grade under another pro-
vision of law, a reserve commissioned officer who is trans-
ferred to the Retired Reserve after having served in the
position of Attending Physician to the Congress is entitled
to be placed on the retired list established by section
12774(a) of this title in the grade held by the officer while
serving in that position.
209
‘‘§ 12773. Limitation on accrual of increased pay or
benefits
‘‘Unless otherwise provided by law, no person is enti-
tled to increased pay or other benefits because of sections
12771 and 12772 of this title.
‘‘§ 12774. Retired lists
‘‘(a) Under regulations prescribed by the Secretary
concerned, there shall be maintained retired lists contain-
ing the names of the Reserves of the armed forces under
the Secretary’s jurisdiction who are in the Retired
Reserve.
‘‘(b) The Secretary of the Navy shall maintain a
United States Naval Reserve Retired List containing the
names of members of the Naval Reserve and the Marine
Corps Reserve entitled to retired pay.’’.
(2) Sections 1374 and 6017 are repealed.
(3)(A) Section 1376 is amended—
(i) by striking out subsection (a); and
(ii) by striking out ‘‘(b)’’ before ‘‘The Secretary
concerned’’.
(B) The heading of that section is amended to read
as follows:
210
‘‘§ 1376. Temporary disability retired lists’’.
SEC. 303. LAWS RELATING TO RESERVE COMPONENT
TRAINING AND EDUCATIONAL ASSISTANCE
PROGRAMS.
(a) TRAINING GENERALLY.—Subtitle E, as added by
section 101, is amended by adding after part III of such
subtitle (as added by that section) the following:
‘‘PART IV—TRAINING FOR RESERVE COM-
PONENTS AND EDUCATIONAL ASSIST-
ANCE PROGRAMS
‘‘Chap.
Sec.
‘‘1601. Training Generally .......................................................
[No present
sections]
‘‘1606. Educational Assistance for Members of the Selected Reserve ....
16131
‘‘1608. Health Professions Stipend Program ..........................................
16201
‘‘1609. Education Loan Repayments .......................................................
16301
‘‘CHAPTER 1601—TRAINING GENERALLY
‘‘[No present sections]’’.
(b) MONTGOMERY GI BILL
FOR SELECTED RE-
SERVE.—(1) Part IV of subtitle E (as added by subsection
(a)) is amended by adding at the end the following:
‘‘CHAPTER 1606—EDUCATIONAL ASSISTANCE FOR
MEMBERS OF THE SELECTED RESERVE
‘‘Sec.
‘‘16131. Educational assistance program: establishment; amount.
‘‘16132. Eligibility for educational assistance.
‘‘16133. Time limitations for use of entitlement.
‘‘16134. Termination of assistance.
‘‘16135. Failure to participate satisfactorily; penalties.
‘‘16136. Administration of program.
‘‘16137. Reports to Congress.’’.
211
(2) Sections 2131 through 2137 are transferred to
chapter 1606, as added by paragraph (1), inserted after
the table of sections, and redesignated as follows:
Section
Redesignated
section
2131 ..................................................................................
16131
2132 ..................................................................................
16132
2133 ..................................................................................
16133
2134 ..................................................................................
16134
2135 ..................................................................................
16135
2136 ..................................................................................
16136
2137 ..................................................................................
16137
(3) Section 16131 (as so redesignated) is amended—
(A) in subsection (c)(3)(B)(i), by striking out
‘‘section 672 (a), (d), or (g), 673, or 673b’’ and in-
serting in lieu thereof ‘‘section 12301(a), 12301(d),
12301(g), 12302, or 12304’’; and
(B) in subsection (g)(1), by striking out ‘‘sec-
tion 2136(c)’’ and inserting in lieu thereof ‘‘section
16136(c)’’.
(4) Section 16132 (as so redesignated) is amended—
(A) in subsection (a), by striking out ‘‘section
2131’’ and inserting in lieu thereof ‘‘section 16131’’;
and
(B) in subsection (c), by striking out ‘‘sections
2134 and 2135’’ and inserting in lieu thereof ‘‘sec-
tion 16134 and 16135’’.
(5) Section 16133 (as so redesignated) is amended—
212
(A) in subsection (b)(1)(B), by striking out
‘‘section 268(b)’’ and inserting in lieu thereof ‘‘sec-
tion 10143(a)’’; and
(B) in subsection (b)(4)(A), by striking out
‘‘section 672 (a), (d), or (g), 673, or 673b’’ and in-
serting in lieu thereof ‘‘section 12301(a), 12301(d),
12301(g), 12302, or 12304’’.
(6) Section 16135 (as so redesignated) is amended—
(A) by striking out ‘‘section 2132’’ in sub-
section (a)(1)(A) and inserting in lieu thereof ‘‘sec-
tion 16132’’; and
(B) by striking out ‘‘section 2132(a)’’ in sub-
section (b)(1)(A) and inserting in lieu thereof ‘‘sec-
tion 16132(a)’’.
(7) Chapter 106 is amended by striking out the table
of sections at the beginning and inserting in lieu thereof
the following:
‘‘Sec.
‘‘2131. Reference to chapter 1606.
‘‘2138. Savings provision.
‘‘§ 2131. Reference to chapter 1606
‘‘Provisions of law relating to educational assistance
for members of the Selected Reserve under the Montgom-
ery GI Bill program are set forth in chapter 1606 of this
title (beginning with section 16131).’’.
(c) HEALTH PROFESSIONS STIPEND PROGRAM.—(1)
Part IV of subtitle E (as added by subsection (a)) is
214
‘‘§ 16203. Penalties and limitations’’.
(5) Section 16201, as so redesignated, is amended by
striking out ‘‘subchapter’’ each place it appears and in-
serting in lieu thereof ‘‘chapter’’.
(6) Section 16202, as so redesignated, is amended by
striking out ‘‘section 2128’’ both places it appears and in-
serting in lieu thereof ‘‘section 16201’’.
(7) Chapter 105 is amended—
(A) in the table of subchapters before sub-
chapter I—
(i) by striking out the item relating to sub-
chapter II; and
(ii) by redesignating the item relating to
subchapter III so as to refer to subchapter II;
(B) by striking out the heading for subchapter
II and the table of sections following that heading;
and
(C) by redesignating subchapter III as sub-
chapter II.
(d) EDUCATION LOAN REPAYMENT PROGRAMS.—(1)
Part IV of subtitle E (as added by subsection (a)) is
amended by adding after chapter 1608 (as added by sub-
section (c) the following:
‘‘CHAPTER 1609—EDUCATION LOAN REPAYMENT
PROGRAMS
‘‘Sec.
215
‘‘16301. Education loan repayment program: enlisted members of Selected Re-
serve with critical specialties.
‘‘16302. Education loan repayment program: health professions officers serving
in Selected Reserve with wartime critical medical skill short-
ages.
‘‘§ 16301. Education loan repayment program: en-
listed members of Selected Reserve with
critical specialties
‘‘(a)(1) Subject to the provisions of this section, the
Secretary of Defense may repay—
‘‘(A) any loan made, insured, or guaranteed
under part B of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1071 et seq.); or
‘‘(B) any loan made under part E of such title
(20 U.S.C. 1087aa et seq.).
Repayment of any such loan shall be made on the basis
of each complete year of service performed by the bor-
rower.
‘‘(2) The Secretary may repay loans described in
paragraph (1) in the case of any person for service per-
formed as an enlisted member of the Selected Reserve of
the Ready Reserve of an armed force in a reserve compo-
nent and military specialty specified by the Secretary of
Defense. The Secretary may repay such a loan only if the
person to whom the loan was made performed such service
after the loan was made.
216
‘‘(b) The portion or amount of a loan that may be
repaid under subsection (a) is 15 percent or $500, which-
ever is greater, for each year of service.
‘‘(c) If a portion of a loan is repaid under this section
for any year, interest on the remainder of the loan shall
accrue and be paid in the same manner as is otherwise
required.
‘‘(d) Nothing in this section shall be construed to au-
thorize refunding any repayment of a loan.
‘‘(e) A person who transfers from service making the
person eligible for repayment of loans under this section
(as described in subsection (a)(2)) to service making the
person eligible for repayment of loans under section 2171
of this title (as described in subsection (a)(2) of that sec-
tion) during a year shall be eligible to have repaid a por-
tion of such loan determined by giving appropriate frac-
tional credit for each portion of the year so served, in ac-
cordance with regulations of the Secretary concerned.
‘‘(f) The Secretary of Defense shall, by regulation,
prescribe a schedule for the allocation of funds made avail-
able to carry out the provisions of this section and section
2171 of this title during any year for which funds are not
sufficient to pay the sum of the amounts eligible for repay-
ment under subsection (a) and section 2171(a) of this
title.’’.
217
(2)(A) Section 2172 is transferred to the end of chap-
ter 1609, as added by paragraph (1), and redesignated
as section 16302.
(B) The heading of such section is amended to read
as follows:
‘‘§ 16302. Education loan repayment program: health
professions officers serving in Selected
Reserve with wartime critical medical
skill shortages’’.
(e) CONFORMING AMENDMENTS.—Section 2171 is
amended as follows:
(1) Subsection (a)(1)(B) is amended by striking
out ‘‘or’’ after ‘‘(B)’’.
(2) Subsection (a)(2) is amended—
(A) in the first sentence, by striking out
‘‘person for—’’ and all that follows through
‘‘(B) service performed’’ and inserting in lieu
thereof ‘‘person for service performed’’; and
(B) by striking out the second sentence.
(3) Subsection (b) is amended to read as
follows:
‘‘(b) The portion or amount of a loan that may be
repaid under subsection (a) is 331⁄3 percent or $1,500,
whichever is greater, for each year of service.’’.
218
(4) Subsection (e) is amended by striking out
‘‘Any individual who transfers from service described
in clause (A) or (B) of subsection (a)(2) to service
described in the other clause of such subsection’’
and inserting in lieu thereof ‘‘A person who trans-
fers from service making the person eligible for re-
payment of loans under this section (as described in
subsection (a)(2)) to service making the person eligi-
ble for repayment of loans under section 16301 of
this title (as described in subsection (a)(2) of that
section)’’.
(5) Subsection (f) is amended—
(A) by inserting ‘‘and section 16301 of this
title’’ after ‘‘this section’’; and
(B) by inserting ‘‘and section 16301(a) of
this title’’ after ‘‘subsection (a)’’.
(6) The heading of such section is amended to
read as follows:
219
‘‘§ 2171. Education loan repayment program: enlisted
members on active duty in specified mili-
tary specialties’’.
SEC. 304. LAWS RELATING TO RESERVE COMPONENT PRO-
CUREMENT AND EQUIPMENT.
(a) ADDITION OF NEW PART.—(1) Subtitle E, as
added by section 101, is amended by adding after part
IV of such subtitle (as added by section 303) the following:
‘‘PART V—SERVICE, SUPPLY, AND
PROCUREMENT
‘‘Chap.
Sec.
‘‘1801. Issue of Serviceable Material to Reserve Components
[No present
sections]
‘‘1803. Facilities for Reserve Components ..............................................
18231
‘‘1805. Miscellaneous Provisions ..............................................................
18501
‘‘CHAPTER 1801—ISSUE OF SERVICEABLE
MATERIAL TO RESERVE COMPONENTS
‘‘[No present sections]’’.
(b) FACILITIES FOR RESERVE COMPONENTS.—(1)
Chapter 133 is transferred to the end of part V of subtitle
E, as added by subsection (a), and redesignated as chapter
1803.
(2) The sections of that chapter are redesignated
as follows:
Section
Redesignated
section
2231 ..................................................................................
18231
2232 ..................................................................................
18232
2233 ..................................................................................
18233
2233a ................................................................................
18233a
2234 ..................................................................................
18234