10 U.S.C. § 14702

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)

Section 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.

10 U.S.C. § 14702

Added Pub. L. 103-337, div. A, title XVI, §16111611,, 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.

EDITORIAL NOTES

AMENDMENTS2008- 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".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection 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.

Army National Guard of the United States: The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard.
National Guard: The term "National Guard" means the Army National Guard and the Air National Guard.
Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer: The term "officer" means a commissioned or warrant officer.