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10 U.S.C. § 12737 (ARMED FORCES)
§ 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1337; renumbered § 12737 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1337
10:1036h.
34:440p.
June 29, 1948, ch. 708, § 309, 62 Stat. 1090.
10:1036h (1st sentence) and 34:440p (1st sentence) are omitted as surplusage. The words “member of the armed forces” are substituted for the word “person”, since only a member may be “ordered to active duty”.
heading: Amendments
text: 1994—Pub. L. 103–337 renumbered section 1337 of this title as this section and amended text generally, substituting “the member” for “him”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
10 U.S.C. § 12738 (ARMED FORCES)
§ 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 chapter, the person’s eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of service performed as required by section 12731(a)(2) of this title, unless it resulted directly from the fraud or misrepresentation of the person.
(b) The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination and when such a correction is made the person is entitled to retired pay in accordance with the number of years of creditable service, as corrected, from the date the person is granted retired pay.
(Added Pub. L. 89–652, § 2(1), Oct. 14, 1966, 80 Stat. 902, § 1406; renumbered § 1338 and amended Pub. L. 99–348, title I, § 104(a), July 1, 1986, 100 Stat. 686; renumbered § 12738 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)
heading: Amendments
text: 1994—Pub. L. 103–337 renumbered section 1338 of this title as this section and amended text generally, making changes in style and references to other sections.
1986—Pub. L. 99–348 renumbered section 1406 of this title as this section, designated first sentence as subsec. (a) and substituted “this chapter” for “chapter 67 of this title” in two places, and designated second sentence as subsec. (b).
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
heading: Entitlement to Retirement Pay After October 14, 1966; Conclusiveness
text: Pub. L. 89–652, § 3, Oct. 14, 1966, 80 Stat. 902, provided that:
“Notwithstanding section 1406 [now 12738] of title 10, United States Code, as added by this Act—
“(1) the granting of retired pay to a person under chapter 67 [now 1223] of that title is conclusive as to that person’s entitlement to such pay only if the payment of that retired pay is begun after the effective date of this Act [Oct. 14, 1966]; and
“(2) a notification that a person has completed the years of service required for eligibility for retired pay under chapter 67 [now 1223] of that title is conclusive as to the person’s subsequent entitlement to such pay only if the notification is made after the effective date of this Act.”
10 U.S.C. § 12740 (ARMED FORCES)
§ 12740. Eligibility: denial upon certain punitive discharges or dismissals
A person who—
(1) is convicted of an offense under the Uniform Code of Military Justice (chapter 47 of this title) and whose sentence includes death; or
(2) is separated pursuant to sentence of a court-martial with a dishonorable discharge, a bad conduct discharge, or (in the case of an officer) a dismissal,
is not eligible for retired pay under this chapter.
(Added Pub. L. 104–106, div. A, title VI, § 632(a)(1), Feb. 10, 1996, 110 Stat. 365.)
heading: Effective Date
text: Pub. L. 104–106, div. A, title VI, § 632(b), Feb. 10, 1996, 110 Stat. 365, provided that: “Section 12740 of title 10, United States Code, as added by subsection (a), shall apply with respect to court-martial sentences adjudged after the date of the enactment of this Act [Feb. 10, 1996].”
10 U.S.C. § 12771 (ARMED FORCES)
§ 12771. Reserve officers: grade on transfer to Retired Reserve
(a) Grade on Transfer.—
Unless entitled to a higher grade under another provision 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.
(b) Effect of Subsequent Recall to Active Status.—
(1) If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to an adjustment in the retired grade of the member in the manner provided in section 1370(d) of this title.
(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—
(A) is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;
(B) completes at least one year of service in such position; and
(C) fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(k)(1), Oct. 5, 1994, 108 Stat. 3005; amended Pub. L. 111–84, div. A, title VI, § 642(b), Oct. 28, 2009, 123 Stat. 2365.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 1374(b), (f) of this title, prior to repeal by Pub. L. 103–337, § 1662(k)(2).
heading: Amendments
text: 2009—Pub. L. 111–84 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Effective Date
text: Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 12772 (ARMED FORCES)
§ 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 provision of law, a reserve commissioned officer who is transferred 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.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(k)(1), Oct. 5, 1994, 108 Stat. 3005.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 1374(e) of this title, prior to repeal by Pub. L. 103–337, § 1662(k)(2).
10 U.S.C. § 12773 (ARMED FORCES)
§ 12773. Limitation on accrual of increased pay or benefits
Unless otherwise provided by law, no person is entitled to increased pay or other benefits because of sections 12771 and 12772 of this title.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(k)(1), Oct. 5, 1994, 108 Stat. 3005.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 1374(d) of this title, prior to repeal by Pub. L. 103–337, § 1662(k)(2).
10 U.S.C. § 12774 (ARMED FORCES)
§ 12774. Retired lists
(a) Under regulations prescribed by the Secretary concerned, there shall be maintained retired lists containing 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 Navy Reserve and the Marine Corps Reserve entitled to retired pay.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(k)(1), Oct. 5, 1994, 108 Stat. 3006; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(NN), Jan. 6, 2006, 119 Stat. 3234.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 1376(a) and 6017 of this title, prior to repeal by Pub. L. 103–337, § 1662(k)(2), (3)(A)(i).
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–163 substituted “the Navy Reserve” for “the Naval Reserve”.
10 U.S.C. § 14003 (ARMED FORCES)
§ 14003. Reserve active-status lists: position of officers on the list
(a) Position on List.—
Officers shall be carried on the reserve active-status list of the armed force of which they are members in the order of seniority of the grade in which they are serving in an active status. Officers serving in the same grade shall be carried in the order of their rank in that grade.
(b) Effect on Position Held by Reason of Temporary Appointment or Assignment.—
An officer whose position on the reserve active-status list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on that list that the officer would have held if the officer had not received that appointment or assignment.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2923; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(22), Feb. 10, 1996, 110 Stat. 497.)
heading: Amendments
text: 1996—Pub. L. 104–106 inserted “lists” in section catchline.
heading: Effective Date of 1996 Amendment
text: Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.
10 U.S.C. § 14004 (ARMED FORCES)
§ 14004. Reserve active-status lists: eligibility for Reserve promotion
Except as otherwise provided by law, an officer must be on a reserve active-status list to be eligible under chapter 1405 of this title for consideration for selection for promotion or for promotion.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2923.)
10 U.S.C. § 14005 (ARMED FORCES)
§ 14005. Competitive categories
Each officer whose name appears on a reserve active-status list shall be placed in a competitive category. The competitive categories for each armed force shall be specified by the Secretary of the military department concerned under regulations prescribed by the Secretary of Defense. Officers in the same competitive category shall compete among themselves for promotion.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2923.)
10 U.S.C. § 14006 (ARMED FORCES)
§ 14006. Determination of years in grade
For the purpose of chapters 1403 through 1411 of this title, an officer’s years of service in a grade are computed from the officer’s date of rank in grade as determined under section 741(d) of this title.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2923.)
10 U.S.C. § 14102 (ARMED FORCES)
§ 14102. Selection boards: appointment and composition
(a) Appointment.—
Members of selection boards convened under section 14101 of this title shall be appointed by the Secretary of the military department concerned in accordance with this section. Promotion boards and special selection boards shall consist of five or more officers. Selection boards convened under section 14101(b) of this title shall consist of three or more officers. All of the officers of any such selection board shall be of the same armed force as the officers under consideration by the board.
(b) Composition.—
At least one-half of the members of such a selection board shall be reserve officers, to include at least one reserve officer from each reserve component from which officers are to be considered by the board. Each member of a selection board must hold a permanent grade higher than the grade of the officers under consideration by the board, and no member of a board may hold a grade below major or lieutenant commander.
(c) Representation of Competitive Categories.—
(1) Except as provided in paragraph (2), a selection board shall include at least one officer from each competitive category of officers to be considered by the board.
(2) A selection board need not include an officer from a competitive category to be considered by the board if there is no officer of that competitive category on the reserve active-status list or the active-duty list in a permanent grade higher than the grade of the officers to be considered by the board and otherwise eligible to serve on the board. However, in such a case, the Secretary of the military department concerned, in his discretion, may appoint as a member of the board a retired officer of that competitive category who is in the same armed force as the officers under consideration by the board who holds a higher grade than the grade of the officers under consideration.
(d) Prohibition of Service on Consecutive Promotion Boards.—
No officer may be a member of two successive promotion boards convened under section 14101(a) of this title for the consideration of officers of the same competitive category and grade if the second of the two boards is to consider any officer who was considered and not recommended for promotion to the next higher grade by the first of the two boards.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2924; amended Pub. L. 108–136, div. A, title V, § 511(b)(2), Nov. 24, 2003, 117 Stat. 1459.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3362(b), (c), 5893(a), (b), and 8362(b), (c) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1).
heading: Amendments
text: 2003—Subsec. (a). Pub. L. 108–136 substituted “Selection boards convened under section 14101(b) of this title” for “Continuation boards”.
10 U.S.C. § 14103 (ARMED FORCES)
§ 14103. Oath of members
Each member of a selection board convened under section 14101 of this title shall take an oath to perform the duties of a member of the board without prejudice or partiality, having in view both the special fitness of officers and the efficiency of the member’s armed force.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3362(d), 5894, and 8362(d) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1).
10 U.S.C. § 14104 (ARMED FORCES)
§ 14104. Nondisclosure of board proceedings
(a) Prohibition on Disclosure.—
The proceedings of a selection board convened under section 14101 or 14502 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.
(b) Prohibited Uses of Board Discussions, Deliberations, Notes, and Records.—
The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations—
(1) are immune from legal process;
(2) may not be admitted as evidence; and
(3) may not be used for any purpose in any action, suit, or judicial or administrative proceeding without the consent of the Secretary of the military department concerned.
(c) Applicability.—
This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925; amended Pub. L. 109–364, div. A, title V, § 547(b), Oct. 17, 2006, 120 Stat. 2216; Pub. L. 111–383, div. A, title V, § 503(c), Jan. 7, 2011, 124 Stat. 4208.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 5898(e) of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2).
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 111–383, § 503(c)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The proceedings of a selection board convened under section 14101 of this title may not be disclosed to any person not a member of the board.”
Subsec. (b). Pub. L. 111–383, § 503(c)(2), substituted “Notes, and Records” for “and Records” in heading.
Subsec. (c). Pub. L. 111–383, § 503(c)(3), added subsec. (c).
2006—Pub. L. 109–364 amended section catchline and text generally. Prior to amendment, text read as follows: “Except as otherwise authorized or required by law, the proceedings of a selection board convened under section 14101 of this title may not be disclosed to any person not a member of the board.”
heading: Effective Date of 2006 Amendment
text: This section, as amended by Pub. L. 109–364, applicable with respect to the proceedings of all selection boards convened under section 14101 of this title, including selection boards convened before Oct. 17, 2006, see section 547(c) of Pub. L. 109–364, set out as an Effective Date note under section 613a of this title.
10 U.S.C. § 14105 (ARMED FORCES)
§ 14105. Notice of convening of promotion board
(a) Required Notice.—
At least 30 days before a promotion board is convened under section 14101(a) of this title to consider officers in a grade and competitive category for promotion to the next higher grade, the Secretary concerned shall either (1) notify in writing the officers eligible for consideration by the board for promotion regarding the convening of the board, or (2) issue a general written notice to the armed force concerned regarding the convening of the board.
(b) Content of Notice.—
A notice under subsection (a) shall include the date on which the board is to convene and (except in the case of a vacancy promotion board) the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notice.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925.)
10 U.S.C. § 14106 (ARMED FORCES)
§ 14106. Communication with board by officers under consideration
Subject to regulations prescribed by the Secretary of the military department concerned, an officer eligible for consideration by a promotion board convened under section 14101(a) of this title who is in the promotion zone or above the promotion zone, or who is to be considered by a vacancy promotion board, may send a written communication to the board calling attention to any matter concerning the officer which the officer considers important to the officer’s case. Any such communication shall be sent so as to arrive not later than the day before the date on which the board convenes. The board shall give consideration to any timely communication under this section.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2925; amended Pub. L. 109–163, div. A, title V, § 505(b), Jan. 6, 2006, 119 Stat. 3227.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3362(f), 5900, and 8362(f) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1).
heading: Amendments
text: 2006—Pub. L. 109–163 inserted “the day before” after “not later than”.
heading: Effective Date of 2006 Amendment
text: Amendment by Pub. L. 109–163 effective Mar. 1, 2006, and applicable with respect to selection boards convened on or after that date, see section 505(c) of Pub. L. 109–163, set out as a note under section 614 of this title.
10 U.S.C. § 14109 (ARMED FORCES)
§ 14109. Reports of promotion boards: in general
(a) Report of Officers Recommended for Promotion.—
Each promotion board convened under section 14101(a) of this title shall submit to the Secretary of the military department concerned a report in writing containing a list of the names of the officers recommended by the board for promotion. The report shall be signed by each member of the board.
(b) Certification.—
Each report under subsection (a) shall include a certification—
(1) that the board has carefully considered the record of each officer whose name was furnished to the board; and
(2) that, in the case of a promotion board convened under section 14101(a) of this title, in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the armed force concerned (as noted in the guidelines or information furnished the board under section 14107 of this title) among those officers whose names were furnished to the selection board.
(c) Show-Cause Recommendations.—
(1) A promotion board convened under section 14101(a) of this title shall include in its report to the Secretary concerned the name of any reserve officer before it for consideration for promotion whose record, in the opinion of a majority of the members of the board, indicates that the officer should be required to show cause for retention in an active status.
(2) If such a report names an officer as having a record which indicates that the officer should be required to show cause for retention, the Secretary concerned may provide for the review of the record of that officer as provided under regulations prescribed under section 14902 of this title.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2928.)
heading: Prior Provisions
text: Provisions similar to those in subsecs. (a) and (b) of this section were contained in section 5897 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2).