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10 U.S.C. § 14515 (ARMED FORCES)
§ 14515. Discharge or retirement for age
Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status or on an inactive-status list and who reaches the maximum age specified in section 14509, 14510, 14511, or 14512 of this title for the officer’s grade or position shall (unless the officer is sooner separated or the officer’s separation is deferred or the officer is continued in an active status under another provision of law) not later than the last day of the month in which the officer reaches that maximum age—
(1) be transferred to the Retired Reserve if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or
(2) be discharged from the officer’s reserve appointment if the officer is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2954; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(31), Feb. 10, 1996, 110 Stat. 498; Pub. L. 107–107, div. A, title V, § 517(d), Dec. 28, 2001, 115 Stat. 1095.)
heading: Amendments
text: 2001—Par. (1). Pub. L. 107–107, § 517(d)(1), substituted “if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve” for “, if the officer is qualified and applies for such transfer”.
Par. (2). Pub. L. 107–107, § 517(d)(2), added par. (2) and struck out former par. (2) which read as follows: “if the officer is not qualified or does not apply for transfer to the Retired Reserve, be discharged from the officer’s reserve appointment.”
1996—Pub. L. 104–106 substituted “inactive-status” for “inactive status” in introductory provisions.
heading: Effective Date of 2001 Amendment
text: Amendment by Pub. L. 107–107 effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107–107, set out as a note under section 10154 of this title.
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. § 14516 (ARMED FORCES)
§ 14516. Separation to be considered involuntary
The separation of an officer pursuant to section 14513, 14514, or 14515 of this title shall be considered to be an involuntary separation for purposes of any other provision of law.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2954.)
10 U.S.C. § 14517 (ARMED FORCES)
§ 14517. Entitlement of officers discharged under this chapter to separation pay
An officer who is discharged under section 14513, 14514, or 14515 of this title is entitled to separation pay under section 1174 of this title if otherwise eligible under that section.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2954.)
10 U.S.C. § 14518 (ARMED FORCES)
§ 14518. Continuation of officers to complete disciplinary action
The Secretary concerned may delay the separation or retirement under this chapter of an officer against whom an action has been commenced with a view to trying the officer by court-martial. Any such delay may continue until the completion of the disciplinary action against the officer.
(Added Pub. L. 106–65, div. A, title V, § 511(a), Oct. 5, 1999, 113 Stat. 592.)
10 U.S.C. § 14519 (ARMED FORCES)
§ 14519. Deferment of retirement or separation for medical reasons
(a) Authority.—
If, in the case of an officer required to be retired or separated under this chapter or chapter 1409 of this title, the Secretary concerned determines that the evaluation of the physical condition of the officer and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation and that such hospitalization or medical observation cannot be completed with confidence in a manner consistent with the officer’s well being before the date on which the officer would otherwise be required to retire or be separated, the Secretary may defer the retirement or separation of the officer.
(b) Period of Deferment.—
A deferral of retirement or separation under subsection (a) may not extend for more than 30 days after the completion of the evaluation requiring hospitalization or medical observation.
(Added Pub. L. 107–314, div. A, title V, § 522(a), Dec. 2, 2002, 116 Stat. 2540.)
10 U.S.C. § 14702 (ARMED FORCES)
§ 14702. Retention on reserve active-status list of certain officers in the grade of major, lieutenant colonel, colonel, or brigadier general
(a) Retention.—
Notwithstanding the provisions of section 14506, 14507, or 14508 of this title, the Secretary of the military department concerned may, with the officer’s consent, retain on the reserve active-status list an officer in the grade of major, lieutenant colonel, colonel, or brigadier general who is—
(1) an officer of the Army National Guard of the United States and assigned to a headquarters or headquarters detachment of a State; or
(2) a reserve officer of the Army or Air Force who, as a condition of continued employment as a National Guard or Reserve technician is required by the Secretary concerned to maintain membership in a Selected Reserve unit or organization.
(b) Separation for Age.—
An officer may be retained under this section only so long as the officer continues to meet the conditions of paragraph (1) or (2) of subsection (a). An officer described in paragraph (1) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 62 years of age. An officer described in paragraph (2) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 60 years of age.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2955; amended Pub. L. 105–85, div. A, title V, § 521(a), Nov. 18, 1997, 111 Stat. 1734; Pub. L. 110–417, [div. A], title V, § 514(b), (c)(1), Oct. 14, 2008, 122 Stat. 4441.)
heading: Amendments
text: 2008—Pub. L. 110–417, § 514(c)(1), amended section catchline generally. Prior to amendment, catchline read as follows: “Retention on reserve active-status list of certain officers until age 60”.
Subsec. (b). Pub. L. 110–417, § 514(b), in heading, substituted “for Age” for “at Age 60” and, in text, substituted “paragraph (1) or (2) of subsection (a)” for “subsection (a)(1) or (a)(2)” and “An officer described in paragraph (1) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 62 years of age. An officer described in paragraph (2) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 60 years of age.” for “An officer may not be retained under this section after the last day of the month in which the officer becomes 60 years of age.”
1997—Subsec. (a). Pub. L. 105–85, in introductory provisions, substituted “section 14506, 14507, or 14508” for “section 14506 or 14507” and “colonel, or brigadier general” for “or colonel”.
10 U.S.C. § 14703 (ARMED FORCES)
§ 14703. Authority to retain chaplains and officers in medical specialties until specified age
(a) Retention.—
Notwithstanding any provision of chapter 1407 of this title and except for officers referred to in sections 14503, 14504, 14505, and 14506 of this title and under regulations prescribed by the Secretary of Defense—
(1) the Secretary of the Army may, with the officer’s consent, retain in an active status any reserve officer assigned to the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Services Corps (if the officer has been designated as allied health officer or biomedical sciences officer in that Corps), the Optometry Section of the Medical Services Corps, the Chaplains, the Army Nurse Corps, or the Army Medical Specialists Corps;
(2) the Secretary of the Navy may, with the officer’s consent, retain in an active status any reserve officer appointed in the Medical Corps, Dental Corps, Nurse Corps, or Chaplain Corps or appointed in the Medical Services Corps and designated to perform as a veterinarian, optometrist, podiatrist, allied health officer, or biomedical sciences officer; and
(3) the Secretary of the Air Force may, with the officer’s consent, retain in an active status any reserve officer who is designated as a medical officer, dental officer, Air Force nurse, Medical Service Corps officer, biomedical sciences officer, or chaplain.
(b) Separation at Specified Age.—
An officer may not be retained in active status under this section later than the date on which the officer becomes 68 years of age.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2956; amended Pub. L. 106–65, div. A, title V, § 516, Oct. 5, 1999, 113 Stat. 594; Pub. L. 106–398, § 1 [[div. A], title V, § 523], Oct. 30, 2000, 114 Stat. 1654, 1654A–108; Pub. L. 110–417, [div. A], title V, § 516(a), Oct. 14, 2008, 122 Stat. 4442.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3855(a), (c)(1), 6392(a), (c)(1), and 8855(a), (c)(1) of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(3), (b)(3), (c)(3).
heading: Amendments
text: 2008—Subsec. (b). Pub. L. 110–417 substituted “68 years” for “67 years”.
2000—Subsec. (a)(3). Pub. L. 106–398 substituted “Air Force nurse, Medical Service Corps officer, biomedical sciences officer, or chaplain.” for “veterinary officer, Air Force nurse, or chaplain or who is designated as a biomedical sciences officer and is qualified for service as a veterinarian, optometrist, or podiatrist.”
1999—Subsec. (b). Pub. L. 106–65 struck out “(or, in the case of a reserve officer of the Army in the Chaplains or a reserve officer of the Air Force designated as a chaplain, 60 years of age)” after “67 years of age”.
10 U.S.C. § 14704 (ARMED FORCES)
§ 14704. Selective early removal from the reserve active-status list
(a) Boards To Recommend Officers for Removal From Reserve Active-Status List.—
Whenever the Secretary of the military department concerned determines that there are in any reserve component under the jurisdiction of the Secretary too many officers in any grade and competitive category who have at least 30 years of service computed under section 14706 of this title or at least 20 years of service computed under section 12732 of this title, the Secretary may convene a selection board under section 14101(b) of this title to consider all officers on that list who are in that grade and competitive category, and who have that amount of service, for the purpose of recommending officers by name for removal from the reserve active-status list, in the number specified by the Secretary by each grade and competitive category.
(b) Separation of Officers Selected.—
In the case of an officer recommended for separation in the report of a board under subsection (a), the Secretary may separate the officer in accordance with section 14514 of this title.
(c) Regulations.—
The Secretary of the military department concerned shall prescribe regulations for the administration of this section.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2956.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3850 and 8850 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(3), (c)(3).
10 U.S.C. § 14705 (ARMED FORCES)
§ 14705. Selective early retirement: reserve general and flag officers of the Navy and Marine Corps
(a) Authority To Consider.—
An officer in the Navy Reserve in an active status serving in the grade of rear admiral (lower half) or rear admiral and an officer in the Marine Corps Reserve in an active status serving in the grade of brigadier general or major general may be considered for early retirement whenever the Secretary of the Navy determines that such action is necessary.
(b) Boards.—
(1) If the Secretary of the Navy determines that consideration of officers for early retirement under this section is necessary, the Secretary shall convene a selection board under section 14101(b) of this title to recommend an appropriate number of officers for early retirement.
(2) In the case of such a board convened to consider officers in the grade of rear admiral or major general, the Secretary of the Navy may appoint the board without regard to section 14102(b) of this title. In doing so, however, the Secretary shall ensure that—
(A) each regular commissioned officer appointed to the board holds a grade higher than the grade of rear admiral or major general; and
(B) at least one member of the board is a reserve officer who holds the grade of rear admiral or major general.
(c) Separation Under Section 14514.—
An officer selected for early retirement under this section shall be separated in accordance with section 14514 of this title.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2957; amended Pub. L. 105–261, div. A, title V, § 515, Oct. 17, 1998, 112 Stat. 2008; Pub. L. 108–136, div. A, title V, § 511(b)(3), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 109–163, div. A, title V, § 515(b)(1)(VV), Jan. 6, 2006, 119 Stat. 3234.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 6389(f)(3) of this title, prior to repeal by Pub. L. 103–337, § 1628(4).
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
2003—Subsec. (b)(1). Pub. L. 108–136 substituted “selection board” for “continuation board”.
1998—Subsec. (b). Pub. L. 105–261 designated existing provisions as par. (1), inserted “of officers” after “consideration” and “continuation” after “shall convene a”, and added par. (2).
10 U.S.C. § 14706 (ARMED FORCES)
§ 14706. Computation of total years of service
(a) For the purpose of this chapter and chapter 1407 of this title, a Reserve officer’s years of service include all service of the officer as a commissioned officer of a uniformed service other than the following:
(1) Service as a warrant officer.
(2) Constructive service.
(3) Service after appointment as a commissioned officer of a reserve component while in a program of advanced education to obtain the first professional degree required for appointment, designation, or assignment to a professional specialty, but only if that service occurs before the officer commences initial service on active duty or initial service in the Ready Reserve in the specialty that results from such a degree.
(b) The exclusion under subsection (a)(3) does not apply to service performed by an officer who previously served on active duty or participated as a member of the Ready Reserve in other than a student status for the period of service preceding the member’s service in a student status.
(c) For purposes of subsection (a)(3), an officer shall be considered to be in a professional specialty if the officer is appointed or assigned to the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service Corps, the Nurse Corps, or the Army Medical Specialists Corps or is designated as a chaplain or judge advocate.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2957; amended Pub. L. 106–65, div. A, title V, § 515, Oct. 5, 1999, 113 Stat. 594.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3853 and 8853 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(3), (c)(3).
heading: Amendments
text: 1999—Pub. L. 106–65 amended text generally. Prior to amendment, text read as follows: “For the purpose of this chapter and chapter 1407 of this title, a reserve officer’s years of service include all service, other than constructive service, of the officer as a commissioned officer of any uniformed service (other than service as a warrant officer).”
10 U.S.C. § 14901 (ARMED FORCES)
§ 14901. Separation of chaplains for loss of professional qualifications
(a) Separation.—
Under regulations prescribed by the Secretary of Defense, an officer on the reserve active-status list who is appointed or designated as a chaplain may, if the officer fails to maintain the qualifications needed to perform the professional function of a chaplain, be discharged. The authority under the preceding sentence applies without regard to the provisions of section 12645 of this title.
(b) Effect of Separation.—
If an officer separated under this section is eligible for retirement, the officer may be retired. If the officer has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the officer may be transferred to the Retired Reserve.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2957.)
heading: Effective Date
text: Chapter effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 14902 (ARMED FORCES)
§ 14902. Separation for substandard performance and for certain other reasons
(a) Substandard Performance of Duty.—
The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to determine whether that officer should be required, because that officer’s performance has fallen below standards prescribed by the Secretary concerned, to show cause for retention in an active status.
(b) Misconduct, Etc.—
The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to determine whether that officer should be required, because of misconduct, because of moral or professional dereliction, or because the officer’s retention is not clearly consistent with the interests of national security, to show cause for retention in an active status.
(c) Regulations.—
The authority of the Secretary of a military department under this section shall be carried out subject to such limitations as the Secretary of Defense may prescribe by regulation.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2958.)
10 U.S.C. § 14903 (ARMED FORCES)
§ 14903. Boards of inquiry
(a) Convening of Boards.—
The Secretary of the military department concerned shall convene a board of inquiry at such time and place as the Secretary may prescribe to receive evidence and review the case of any officer who has been required to show cause for retention in an active status under section 14902 of this title. Each board of inquiry shall be composed of not less than three officers who have the qualifications prescribed in section 14906 of this title.
(b) Right to Fair Hearing.—
A board of inquiry shall give a fair and impartial hearing to each officer required under section 14902 of this title to show cause for retention in an active status.
(c) Recommendations to Secretary.—
If a board of inquiry determines that the officer has failed to establish that the officer should be retained in an active status, the board shall recommend to the Secretary concerned that the officer not be retained in an active status.
(d) Action by Secretary.—
After review of the recommendation of the board of inquiry, the Secretary may—
(1) remove the officer from an active status; or
(2) determine that the case be closed.
(e) Action in Cases Where Cause for Retention Is Established.—
(1) If a board of inquiry determines that an officer has established that the officer should be retained in an active status or if the Secretary determines that the case be closed, the officer’s case is closed.
(2) An officer who is required to show cause for retention under section 14902(a) of this title and whose case is closed under paragraph (1) may not again be required to show cause for retention under such subsection during the one-year period beginning on the date of that determination.
(3)
(A) Subject to subparagraph (B), an officer who is required to show cause for retention under section 14902(b) of this title and whose case is closed under paragraph (1) may again be required to show cause for retention at any time.
(B) An officer who has been required to show cause for retention under section 14902(b) of this title and who is thereafter retained in an active status may not again be required to show cause for retention under such section solely because of conduct which was the subject of the previous proceeding, unless the recommendations of the board of inquiry that considered the officer’s case are determined to have been obtained by fraud or collusion.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2958; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(32), Feb. 10, 1996, 110 Stat. 498.)
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–106 substituted “title” for “chapter”.
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. § 14904 (ARMED FORCES)
§ 14904. Rights and procedures
(a) Procedural Rights.—
Under regulations prescribed by the Secretary of Defense, an officer required under section 14902 of this title to show cause for retention in an active status—
(1) shall be notified in writing, at least 30 days before the hearing of the officer’s case by a board of inquiry, of the reasons for which the officer is being required to show cause for retention in an active status;
(2) shall be allowed a reasonable time, as determined by the board of inquiry, to prepare for showing of cause for retention in an active status;
(3) shall be allowed to appear in person and to be represented by counsel at proceedings before the board of inquiry; and
(4) shall be allowed full access to, and shall be furnished copies of, records relevant to the case, except that the board of inquiry shall withhold any record that the Secretary concerned determines should be withheld in the interest of national security.
(b) Summary of Records Withheld.—
When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.
(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2959.)