10 U.S.C. § 12646 — Commissioned 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
A reserve commissioned officer with 18 but fewer than 20 credited years generally cannot be discharged or transferred without consent until reaching 20 years or a specified anniversary. The section has different periods for 18–19 and 19–20 years and additional retirement-related rules.
(a) If, on the scheduled discharge or transfer date, a reserve commissioned officer* has at least 18 but fewer than 19 years credited under section 12732, the officer* may not be discharged or transferred under the listed chapters without consent before the earlier of reaching 20 credited years or the third anniversary of the otherwise scheduled action. (b) If the officer has at least 19 but fewer than 20 years, the same protection lasts until the earlier of 20 years or the second anniversary. (c) An officer retained under (a) or (b) is an additional number beyond the otherwise authorized number. (d) These protections do not apply when the action is for physical disability, cause, or legally required age, or to commissioned warrant officers.
(e)(1) A reserve commissioned officer on active duty* other than training, or full-time National Guard duty* other than training-only duty, who is within 2 years of qualifying for retirement under the listed sections when otherwise removable under the listed provisions may, in the Secretary’s discretion and subject to (2), be retained on that duty for up to 2 years. (2) Retention is allowed only if the officer will qualify for retirement at the end and will not reach the legally required age for transfer or discharge before then. (3) An officer retained under this section may not be removed from active status* while on that duty.
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—
the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or
the third anniversary of the date on which he would otherwise be discharged or transferred from an active status.
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—
the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or
the second anniversary of the date on which he would otherwise be discharged or transferred from an active status.
An officer who is retained in an active status under subsection (a) or (b) is an additional number to those otherwise authorized.
Subsections (a) and (b) do not apply to—
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
commissioned warrant officers.
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 740 1 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.
An officer may be retained on active duty or full-time National Guard duty under paragraph (1) only if—
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
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.
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.)
- 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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