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10 U.S.C. § 14905 (ARMED FORCES)
§ 14905. Officer considered for removal: retirement or discharge
(a) Voluntary Retirement or Discharge.—
At any time during proceedings under this chapter with respect to the removal of an officer from an active status, the Secretary of the military department concerned may grant a request by the officer—
(1) for voluntary retirement, if the officer is qualified for retirement;
(2) for transfer to the Retired Reserve if the officer has completed the years of service required for eligibility for retired pay under chapter 1223 of this title and is otherwise eligible for transfer to the Retired Reserve; or
(3) for discharge in accordance with subsection (b)(3).
(b) Required Retirement or Discharge.—
An officer removed from an active status under section 14903 of this title shall—
(1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which he would be eligible if retired under that provision;
(2) if eligible for transfer to the Retired Reserve and has completed the years of service required for retired pay under chapter 1223 of this title, be transferred to the Retired Reserve; and
(3) if ineligible for retirement or transfer to the Retired Reserve under paragraph (1) or (2) on the date of such removal—
(A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 14902 of this title; or
(B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 14902 of this title.
(c) Separation Pay.—
An officer who is discharged under subsection (b)(3) is entitled, if eligible therefor, to separation pay under section 1174(c) of this title.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2959.)
10 U.S.C. § 14906 (ARMED FORCES)
§ 14906. Officers eligible to serve on boards
(a) Composition of Boards.—
Each board convened under this chapter shall consist of officers appointed as follows:
(1) Each member of the board shall be an officer of the same armed force as the officer being required to show cause for retention in an active status.
(2) Each member of the board shall hold a grade above major or lieutenant commander, except that at least one member of the board shall hold a grade above lieutenant colonel or commander.
(3) Each member of the board shall be senior in grade to any officer to be considered by the board.
(b) Limitation.—
A person may not be a member of more than one board convened under this chapter to consider the same officer.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2960; amended Pub. L. 106–65, div. A, title V, § 504(b), Oct. 5, 1999, 113 Stat. 591.)
heading: Amendments
text: 1999—Subsec. (a). Pub. L. 106–65 amended heading and text generally. Prior to amendment, text read as follows:
“(1) Each officer who serves on a board convened under this chapter shall be an officer of the same armed force as the officer being required to show cause for retention in an active status.
“(2) An officer may not serve on a board under this chapter unless the officer holds a grade above lieutenant colonel or commander and is senior in grade and rank to any officer considered by the board.”
10 U.S.C. § 14907 (ARMED FORCES)
§ 14907. Army National Guard of the United States and Air National Guard of the United States: discharge and withdrawal of Federal recognition of officers absent without leave
(a) Authority To Withdraw Federal Recognition.—
If an officer of the Army National Guard of the United States or the Air National Guard of the United States has been absent without leave for three months, the Secretary of the Army or the Secretary of the Air Force, as appropriate, may—
(1) terminate the reserve appointment of the officer; and
(2) withdraw the officer’s Federal recognition as an officer of the National Guard.
(b) Discharge From Reserve Appointment.—
An officer of the Army National Guard of the United States or the Air National Guard of the United States whose Federal recognition as an officer of the National Guard is withdrawn under section 323(b) of title 32 shall be discharged from the officer’s appointment as a reserve officer of the Army or the Air Force, as the case may be.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2960.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3820(a), (b) and 8820 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(2), (c)(2).
10 U.S.C. § 16134 (ARMED FORCES)
§ 16134. Termination of assistance
Educational assistance may not be provided under this chapter—
(1) to a member receiving financial assistance under section 2107 of this title as a member of the Senior Reserve Officers’ Training Corps program; or
(2) to a member who fails to participate satisfactorily in required training as a member of the Selected Reserve.
(Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 330, § 2134; amended Pub. L. 98–94, title XII, § 1268(14), Sept. 24, 1983, 97 Stat. 707; Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; renumbered § 16134, Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006.)
heading: Amendments
text: 1994—Pub. L. 103–337 renumbered section 2134 of this title as this section.
1984—Pub. L. 98–525 amended section generally, substituting provisions covering termination of educational assistance for provisions relating to reports to Congress. See section 16137 of this title.
1983—Pub. L. 98–94 struck out provision requiring the first report under this section to be submitted not later than Dec. 31, 1977.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–525 effective July 1, 1985, applicable only to members of the Armed Forces who qualify for educational assistance under this chapter on or after such date, see section 705(b) of Pub. L. 98–525, set out as a note under section 16131 of this title.
10 U.S.C. § 16137 (ARMED FORCES)
[§ 16137. Repealed. Pub. L. 112–81, div. A, title X, § 1061(29)(A), Dec. 31, 2011, 125 Stat. 1584]
text: Section, added Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2567, § 2137; renumbered § 16137, Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006; amended Pub. L. 104–106, div. A, title X, § 1077, Feb. 10, 1996, 110 Stat. 451; Pub. L. 106–65, div. A, title V, § 548(a), Oct. 5, 1999, 113 Stat. 609, required biennial report on the operation of the educational assistance program.
10 U.S.C. § 16161 (ARMED FORCES)
§ 16161. Purpose
The purpose of this chapter is to provide educational assistance to members of the reserve components called or ordered to active service in response to a war or national emergency declared by the President or the Congress, in recognition of the sacrifices that those members make in answering the call to duty.
(Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1890.)
10 U.S.C. § 16165 (ARMED FORCES)
§ 16165. Termination of assistance
(a) In General.—
Except as provided in subsection (b), educational assistance may not be provided under this chapter, or if being provided under this chapter, shall be terminated—
(1) if the member is receiving financial assistance under section 2107 of this title as a member of the Senior Reserve Officers’ Training Corps program; or
(2) when the member separates from the Ready Reserve as provided in section 16164(a)(1) of this title, or upon completion of the period provided for in section 16164(a)(2) of this title, as applicable.
(b) Exception.—
Under regulations prescribed by the Secretary of Defense, educational assistance may be provided under this chapter to a member of the Selected Reserve of the Ready Reserve who incurs a break in service in the Selected Reserve if the member continues to serve in the Ready Reserve during and after such break in service.
(Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1893; amended Pub. L. 109–163, div. A, title V, § 540(b), Jan. 6, 2006, 119 Stat. 3251; Pub. L. 110–181, div. A, title V, § 530(a)(2), (b), Jan. 28, 2008, 122 Stat. 110.)
heading: Amendments
text: 2008—Subsec. (a)(2). Pub. L. 110–181, § 530(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “when the member separates from the Ready Reserve, as provided for under section 16164(a)(1) or section 16164(a)(2), as applicable, of this title.”
Subsec. (b). Pub. L. 110–181, § 530(b), struck out “of not more than 90 days” after “in the Selected Reserve”.
2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b), educational assistance” for “Educational assistance”, and added subsec. (b).
heading: Effective Date of 2008 Amendment
text: Amendment by Pub. L. 110–181 effective as of Oct. 28, 2004, as if included in the enactment of Pub. L. 108–375 to which such amendment related, see section 530(c) of Pub. L. 110–181, set out as a note under section 16164 of this title.
10 U.S.C. § 16166 (ARMED FORCES)
§ 16166. Administration of program
(a) Administration.—
Educational assistance under this chapter shall be provided through the Department of Veterans Affairs, under agreements to be entered into by the Secretary of Defense, and by the Secretary of Homeland Security, with the Secretary of Veterans Affairs. Such agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the Secretary concerned to the Department of Veterans Affairs for the making of payments under this chapter.
(b) Program Management.—
Except as otherwise provided in this chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 3686(a), 3687, and 3692) shall be applicable to the provision of educational assistance under this chapter. The term “eligible veteran” and the term “person”, as used in those provisions, shall be deemed for the purpose of the application of those provisions to this chapter to refer to a person eligible for educational assistance under this chapter.
(c) Flight Training.—
The Secretary of Veterans Affairs may approve the pursuit of flight training (in addition to a course of flight training that may be approved under section 3680A(b) of title 38) by an individual entitled to educational assistance under this chapter if—
(1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation;
(2) the individual possesses a valid private pilot certificate and meets, on the day the member begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and
(3) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency.
(d) Trust Fund.—
Amounts for payments for benefits under this chapter shall be derived from the Department of Defense Education Benefits Fund under section 2006 of this title.
(Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1893.)
10 U.S.C. § 16202 (ARMED FORCES)
§ 16202. Reserve service: required active duty for training
(a) Selected Reserve.—
A person who is required under an agreement under section 16201 of this title to serve in the Selected Reserve shall serve not less than 12 days of active duty for training each year during the period of service required by the agreement.
(b) IRR Service.—
A person who is required under an agreement under section 16201 of this title to serve in the Individual Ready Reserve shall serve—
(1) not less than 30 days of initial active duty for training; and
(2) not less than five days of active duty for training each year during the period of service required by the agreement.
(Added Pub. L. 100–180, div. A, title VII, § 711(a)(3), Dec. 4, 1987, 101 Stat. 1111, § 2129; renumbered § 16202 and amended Pub. L. 103–337, div. A, title XVI, § 1663(c)(3), (6), Oct. 5, 1994, 108 Stat. 3007, 3008.)
heading: Amendments
text: 1994—Pub. L. 103–337, § 1663(c)(3), renumbered section 2129 of this title as this section.
Subsecs. (a), (b). Pub. L. 103–337, § 1663(c)(6), substituted “16201” for “2128”.
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. § 16203 (ARMED FORCES)
§ 16203. Penalties and limitations
(a) Failure to Complete Program of Training.—
(1) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in training, or for other reasons, shall be required, at the discretion of the Secretary concerned—
(A) to perform one year of active duty for each year (or part thereof) for which such person was provided financial assistance under this section; or
(B) to comply with the repayment provisions of section 303a(e) of title 37.
(2) The Secretary of a military department, under regulations prescribed by the Secretary of Defense, may relieve a member participating in the program who is dropped from the program from any requirement that may be imposed under paragraph (1), but such relief shall not relieve him from any military obligation imposed by any other law.
(b) Prohibitions of Duplicate Benefits.—
Financial assistance may not be provided under this section to a member receiving financial assistance under section 2107 of this title.
(Added Pub. L. 100–180, div. A, title VII, § 711(a)(3), Dec. 4, 1987, 101 Stat. 1111, § 2130; renumbered § 16203 and amended Pub. L. 103–337, div. A, title XVI, § 1663(c)(4), Oct. 5, 1994, 108 Stat. 3008; Pub. L. 109–163, div. A, title VI, § 687(c)(13), Jan. 6, 2006, 119 Stat. 3335.)
heading: Amendments
text: 2006—Subsec. (a)(1)(B). Pub. L. 109–163 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “to repay the United States an amount equal to the total amount paid to such person under the program.”
1994—Pub. L. 103–337, § 1663(c)(4), renumbered section 2130 of this title as this section and substituted “Penalties and limitations” for “Penalties, limitations, and other administrative provisions” as section catchline.
Subsec. (c). Pub. L. 103–337, § 1663(c)(4)(A), struck out subsec. (c) which related to regulations. See section 16204 of this title.
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: Savings Provision
text: For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title.
10 U.S.C. § 16204 (ARMED FORCES)
§ 16204. Regulations
This chapter shall be administered under regulations prescribed by the Secretary of Defense.
(Added Pub. L. 103–337, div. A, title XVI, § 1663(c)(1), Oct. 5, 1994, 108 Stat. 3007.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2130(c) of this title, prior to amendment by Pub. L. 103–337, § 1663(c)(4)(A).
heading: Effective Date
text: Section 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. § 16303 (ARMED FORCES)
§ 16303. Loan repayment program: chaplains serving in the Selected Reserve
(a) Authority to Repay Education Loans.—
For purposes of maintaining adequate numbers of chaplains in the Selected Reserve, the Secretary concerned may repay a loan that was obtained by a person who—
(1) satisfies the requirements for accessioning and commissioning of chaplains, as prescribed in regulations;
(2) holds, or is fully qualified for, an appointment as a chaplain in a reserve component of an armed force; and
(3) signs a written agreement with the Secretary concerned to serve not less than three years in the Selected Reserve.
(b) Exception for Chaplain Candidate Program.—
A person accessioned into the Chaplain Candidate Program is not eligible for the repayment of a loan under subsection (a).
(c) Loan Repayment Process; Maximum Amount.—
(1) Subject to paragraph (2), the repayment of a loan under subsection (a) may consist of the payment of the principal, interest, and related expenses of the loan.
(2) The amount of any repayment of a loan made under subsection (a) on behalf of a person may not exceed $20,000 for each three year period of obligated service that the person agrees to serve in an agreement described in subsection (a)(3). Of such amount, not more than an amount equal to 50 percent of such amount may be paid before the completion by the person of the first year of obligated service pursuant to the agreement. The balance of such amount shall be payable at such time or times as are prescribed in regulations.
(d) Effect of Failure to Complete Obligation.—
A person on whose behalf a loan is repaid under subsection (a) who fails to commence or complete the period of obligated service specified in the agreement described in subsection (a)(3) shall be subject to the repayment provisions of section 303a(e) of title 37.
(e) Regulations.—
The Secretary of Defense shall prescribe regulations to carry out this section.
(Added and amended Pub. L. 109–163, div. A, title VI, §§ 684(a), 687(c)(14), Jan. 6, 2006, 119 Stat. 3324, 3335.)
heading: Amendments
text: 2006—Subsec. (d). Pub. L. 109–163, § 687(c)(14), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “If a person on whose behalf a loan is repaid under subsection (a) fails to commence or complete the period of obligated service specified in the agreement described in subsection (a)(3), the Secretary concerned may require the person to pay the United States an amount equal to the amount of the loan repayments made on behalf of the person in connection with the agreement.”
heading: Savings Provision
text: For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title.
10 U.S.C. § 18231 (ARMED FORCES)
§ 18231. Purpose
The purpose of this chapter is to provide for—
(1) the acquisition, by purchase, lease, transfer, construction, expansion, rehabilitation, or conversion of facilities necessary for the proper development, training, operation, and maintenance of the reserve components of the armed forces, including troop housing and messing facilities;
(2) the joint use of those facilities by units of two or more of those reserve components, to the greatest practicable extent for efficiency and economy;
(3) the use of those facilities, in time of war or national emergency, by those units and other units of the armed forces, to the greatest practicable extent for efficiency and economy; and
(4) any other use of those facilities by the United States, in time of war or national emergency, to the greatest practicable extent for efficiency and economy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 120, § 2231; Pub. L. 85–215, § 1, Aug. 29, 1957, 71 Stat. 489; renumbered § 18231, Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), Oct. 5, 1994, 108 Stat. 3010.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2231
50:881.
Sept. 11, 1950, ch. 945, § 2, 64 Stat. 829.
In clause (1), the words “units of” are omitted as surplusage.
In clause (4), the words “United States” are substituted for the words “Federal Government”.
heading: Amendments
text: 1994—Pub. L. 103–337 renumbered section 2231 of this title as this section.
1957—Par. (1). Pub. L. 85–215 included troop housing and messing facilities.
10 U.S.C. § 18233b (ARMED FORCES)
§ 18233b. Authority to carry out small projects with operation and maintenance funds
Under such regulations as the Secretary of Defense may prescribe, the Secretary may expend, from appropriations available for operation and maintenance, amounts necessary to carry out any project authorized under section 18233(a) of this title that costs not more than the amount specified in section 2805(c) of this title.
(Added Pub. L. 108–375, div. B, title XXVIII, § 2808(b), Oct. 28, 2004, 118 Stat. 2125; amended Pub. L. 112–81, div. B, title XXVIII, § 2802(c)(4), Dec. 31, 2011, 125 Stat. 1685.)
heading: Amendments
text: 2011—Pub. L. 112–81 substituted “not more than the amount specified in section 2805(c) of this title.” for “not more than—
“(1) the amount specified in section 2805(c)(1)(A) of this title, in the case of a project intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening; or
“(2) the amount specified in section 2805(c)(1)(B) of this title, in the case of any other project.”
10 U.S.C. § 18234 (ARMED FORCES)
§ 18234. Location and use
No expenditures or contribution may be made for a facility under section 18233 of this title, unless the Secretary of Defense determines that—
(1) the number of units of the reserve components of the armed forces located or to be located in the area within which the facility is to be provided is not and will not be larger than the number that can reasonably be expected to be maintained at authorized strength, considering the number of persons living in the area who are qualified for membership in those reserve units; and
(2) the plan under which the facility is to be provided makes provision for the greatest practicable use of the facility jointly by units of two or more of those components.
(Aug. 10, 1956, ch. 1041, 70A Stat. 121, § 2234; renumbered § 18234 and amended Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), (6), Oct. 5, 1994, 108 Stat. 3010.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2234
50:883(a).
Sept. 11, 1950, ch. 945, § 4(a), 64 Stat. 830.
The word “community” is omitted as covered by the word “area”. The word “program” is omitted as covered by the word “plan”. The words “use * * * jointly by units of two or more of those components” are substituted for the words “joint utilization” to reflect 50:886(d). The words “is not and will not be larger than” are substituted for the words “does not exceed”. The word “considering” is substituted for the words “taking into account”.
heading: Amendments
text: 1994—Pub. L. 103–337 renumbered section 2234 of this title as this section and substituted “18233” for “2233” in introductory provisions.
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.