10 U.S.C. § 12108 — Enlisted members: discharge or retirement for years of service or for age
submitted 25 years ago by Pub. L. 107-107 to r/title-10-ARMED-FORCES · 104 words · no verdicts yet
A reserve enlisted member reaching max years of service or age must leave active status. Qualified members move to the Retired Reserve, unless they request not to. Members who don't qualify, or who ask not to transfer, are discharged instead.
Each reserve enlisted member* of the Army*, Navy, Air Force, or Marine Corps who is in an active status* and has reached the maximum years of service or age the Secretary concerned* prescribed must:
(1) be transferred to the Retired Reserve, if qualified for that transfer and not requesting (under the Secretary's regulations) to skip it; or
(2) be discharged, if not qualified for transfer to the Retired Reserve, or if they requested (under the Secretary's regulations) not to be transferred.
Each reserve enlisted member* of the Army*, Navy, Air Force, or Marine Corps who is in an active status* and has reached the maximum years of service or age prescribed by the Secretary concerned* shall—
be transferred to the Retired Reserve if the member 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
be discharged if the member 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.
Source credit: (Added Pub. L. 107–107, div. A, title V, § 517(f)(1), Dec. 28, 2001, 115 Stat. 1095.)
- 2001Enacted · Pub. L. 107-107 · 115 Stat. 1095
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-107 on 2001-12-28.
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