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10 U.S.C. § 12646Commissioned officers: retention of after completing 18 or more, but less than 20, years of service

submitted 68 years ago by Pub. L. 85-861 to r/title-10-ARMED-FORCES · 539 words · no verdicts yet

in plain englishAI-generated · not legal advice

A reserve officer with 18 or 19 years of service can't be discharged without consent until close to their 20-year retirement mark. Someone with 19 years gets up to 2 more years; someone with 18 gets up to 3. These protections don't apply to disability, cause, mandatory-age discharges, or warrant officers.

(a) If, on the date a reserve commissioned officer would normally be discharged or transferred out of active status, they have at least 18 but less than 19 years of service (counted under section 12732), they can't be discharged or transferred without their consent before the earlier of: the date they reach 20 years of service; or the third anniversary of when they would otherwise have been discharged or transferred. (b) The same rule applies to an officer with at least 19 but less than 20 years of service, except the deadline is the earlier of: reaching 20 years of service; or the second anniversary of their original discharge or transfer date. (c) An officer kept on under (a) or (b) counts as an extra position beyond what's otherwise authorized. (d) Subsections (a) and (b) don't apply to: officers discharged or transferred for physical disability, for cause, or because they've reached the mandatory discharge age; or commissioned warrant officers. (e) A reserve commissioned officer on active duty (not just for training) or full-time National Guard duty (not just for training), who is within two years of qualifying for retirement under section 7311, 8323, or 9311, and who would otherwise be removed from active status under section 8373, 14513, or 14514 of this title or section 740 of title 14, may — at the Secretary's discretion — be kept on that duty for up to two more years. This extension is allowed only if: by the end of that extra period, the officer will qualify for retirement under section 7311, 8323, or 9311; and before that period ends, the officer won't reach the age requiring mandatory transfer or discharge. An officer kept on under this provision can't be removed from active status while still on that duty.
the actual law source: uscode.house.gov ↗public domain
(a)

If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service computed under section 12732 of this title, he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, without his consent before the earlier of the following dates—

(1)

the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or

(2)

the third anniversary of the date on which he would otherwise be discharged or transferred from an active status.

(b)

If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 19, but less than 20, years of service computed under section 12732 of this title, he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, without his consent before the earlier of the following dates—

(1)

the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or

(2)

the second anniversary of the date on which he would otherwise be discharged or transferred from an active status.

(c)

An officer who is retained in an active status under subsection (a) or (b) is an additional number to those otherwise authorized.

(d)

Subsections (a) and (b) do not apply to—

(1)

officers who are discharged or transferred from an active status for physical disability, for cause, or because they have reached the age at which transfer from an active status or discharge is required by law; or

(2)

commissioned warrant officers.

(e)
(1)

A reserve commissioned officer on active duty (other than for training) or full-time National Guard duty (other than full-time National Guard duty for training only) who, on the date on which the officer would otherwise be removed from an active status under section 8373, 14513, or 14514 of this title or section 7401 of title 14, is within two years of qualifying for retirement under section 7311, 8323, or 9311 of this title may, in the discretion of the Secretary concerned and subject to paragraph (2), be retained on that duty for a period of not more than two years.

(2)

An officer may be retained on active duty or full-time National Guard duty under paragraph (1) only if—

(A)

at the end of the period for which the officer is retained the officer will be qualified for retirement under section 7311, 8323, or 9311 of this title; and

(B)

the officer will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14.

(3)

An officer who is retained on active duty or full-time National Guard duty under this section may not be removed from an active status while on that duty.

Source credit: (Added Pub. L. 85–861, § 1(22)(B), Sept. 2, 1958, 72 Stat. 1444, § 1006; amended Pub. L. 86–559, § 1(3)(A), June 30, 1960, 74 Stat. 264; Pub. L. 87–651, title I, § 105, Sept. 7, 1962, 76 Stat. 508; Pub. L. 90–130, § 1(4), Nov. 8, 1967, 81 Stat. 374; Pub. L. 93–586, § 3, Jan. 2, 1975, 88 Stat. 1920; Pub. L. 96–322, § 2, Aug. 4, 1980, 94 Stat. 1015; Pub. L. 96–513, title V, § 511(30), Dec. 12, 1980, 94 Stat. 2922; renumbered § 12646 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(2), 1675(d)(3), Oct. 5, 1994, 108 Stat. 2996, 3018; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-861 · 72 Stat. 1444
  • 1960Amended · Pub. L. 86-559 · 74 Stat. 264
  • 1962Amended · Pub. L. 87-651 · 76 Stat. 508
  • 1967Amended · Pub. L. 90-130 · 81 Stat. 374
  • 1975Amended · Pub. L. 93-586 · 88 Stat. 1920
  • 1980Amended · Pub. L. 96-322 · 94 Stat. 1015
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2922
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2996, 3018
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1840

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-861 on 1958-09-02.

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