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10 U.S.C. § 14705Selective early retirement: reserve general and flag officers of the Navy and Marine Corps

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 232 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Navy can convene a board to recommend early retirement for certain senior reserve admirals and generals when necessary. The board must include senior officers and at least one reserve officer of the same high rank. Officers selected must be separated under section 14514.

(a) Authority To Consider. A Navy Reserve officer at the rank of rear admiral (lower half) or rear admiral, or a Marine Corps Reserve officer at the rank of brigadier general or major general, can be considered for early retirement whenever the Secretary of the Navy decides it is necessary. (b) Boards. (1) If the Secretary decides this kind of review is needed, the Secretary must convene a selection board under section 14101(b) of this title to recommend the right number of officers for early retirement. (2) For a board reviewing rear admirals or major generals, the Secretary of the Navy can appoint the board without following section 14102(b) of this title's usual rules. But the Secretary must still make sure that (A) every regular commissioned officer on the board outranks rear admiral or major general, and (B) at least one board member is a reserve officer who holds the grade of rear admiral or major general. (c) Separation Under Section 14514. Any officer chosen for early retirement under this section must be separated following section 14514 of this title.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2957
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 2008
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1459
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3234

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.

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