dreamproit/uscode huggingface dataset:
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: Editorial Notes
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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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. § 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: Editorial Notes
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).”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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. § 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: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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. § 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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. § 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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. § 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: Editorial Notes
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.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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. § 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: Editorial Notes
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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 16167 (ARMED FORCES)
§ 16167. Sunset
(a) Sunset.—
The authority to provide educational assistance under this chapter shall terminate on the date that is four years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016.
(b) Limitation on Provision of Assistance Pending Sunset.—
Notwithstanding any other provision of this chapter, during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 and ending on the date that is four years after the date of the enactment of that Act, educational assistance may be provided under this chapter only to a member otherwise eligible for educational assistance under this chapter who received educational assistance under this chapter for a course of study at an educational institution for the enrollment period at the educational institution that immediately preceded the date of the enactment of that Act.
(c) Eligibility for Post-9/11 Educational Assistance.—
A member who loses eligibility for benefits under this chapter pursuant to subsection (b) shall be allowed to elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) to have such service previously credited toward this chapter credited towards establishing eligibility for educational assistance under chapter 33 of title 38, notwithstanding the provisions of section 16163(e) of this title or section 3322(h)(1) of title 38.
(Added Pub. L. 114–92, div. A, title V, § 555(a), Nov. 25, 2015, 129 Stat. 824; amended Pub. L. 115–48, title I, § 106(a), Aug. 16, 2017, 131 Stat. 977.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of the National Defense Authorization Act for Fiscal Year 2016, referred to in subsecs. (a) and (b), is the date of enactment of Pub. L. 114–92, which was approved Nov. 25, 2015.
heading: Amendments
text: 2017—Subsec. (c). Pub. L. 115–48 added subsec. (c).
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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) or 373 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; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(O), Dec. 12, 2017, 131 Stat. 1426.)
heading: Editorial Notes
heading: Amendments
text: 2017—Subsec. (a)(1)(B). Pub. L. 115–91 inserted “or 373” before “of title 37”.
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: Statutory Notes and Related Subsidiaries
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.