Statutes, codes, and regulations
United States Code
Title 10 - ARMED FORCESSubtitle E - RESERVE COMPONENTSPart III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST
Chapter 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION
Section 14514 - Discharge or retirement for years of service or after selection for early removal

10 U.S.C. § 14514

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Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]
Section 14514 - Discharge or retirement for years of service or after selection for early removal

Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and who is required to be removed from an active status or from a reserve active-status list, as the case may be, under section 14507, 14508, 14704, or 14705 of this title (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), in accordance with those sections, shall-

(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.

10 U.S.C. § 14514

Added Pub. L. 103-337, div. A, title XVI, §16111611,, 108 Stat. 2953; amended Pub. L. 107-107, div. A, title V, §517(c), Dec. 28, 2001, 115 Stat. 1094.

EDITORIAL NOTES

AMENDMENTS2001-Par. (1). Pub. L. 107-107, §517(c)(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(c)(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 such transfer, be discharged from the officer's reserve appointment."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2001 AMENDMENT 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.

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.

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.
active status
The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
officer
The term "officer" means a commissioned or warrant officer.