10 U.S.C. § 14702 — Retention on reserve active-status list of certain officers in the grade of major, lieutenant colonel, colonel, or brigadier general

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 208 words · no verdicts yet

in plain englishAI-generated · not legal advice

A military department's Secretary can let certain reserve officers, from major through brigadier general, stay on the reserve active-status list past normal limits, if the officer agrees. This applies to Army National Guard officers assigned to a state headquarters, and to Army or Air Force reserve officers who must stay in a Selected Reserve unit as a condition of their technician job. These officers must leave once they turn 62.

(a) Retention. Even though sections 14506, 14507, and 14508 of this title would normally require separation, the Secretary of the officer's military department can, with the officer's consent, keep certain officers on the reserve active-status list. This applies to officers holding the grade of major, lieutenant colonel, colonel, or brigadier general who are either: (1) an officer of the Army National Guard of the United States assigned to a headquarters or headquarters detachment of a State; or (2) a reserve officer of the Army or Air Force who, as a condition of their job as a National Guard or Reserve technician, is required by the Secretary to stay a member of a Selected Reserve unit or organization. (b) Separation for Age. An officer can only be kept under this section as long as they still meet condition (1) or (2) above. Once an officer covered by either condition turns 62 years of age, they can no longer be retained under this section -- the age cutoff is the same, 62, for both groups.

the actual law source: uscode.house.gov ↗public domain

(a)Retention.—

Notwithstanding the provisions of section 14506, 14507, or 14508 of this title, the Secretary of the military department concerned may, with the officer’s consent, retain on the reserve active-status list an officer in the grade of major, lieutenant colonel, colonel, or brigadier general who is—

(1)

an officer of the Army National Guard of the United States and assigned to a headquarters or headquarters detachment of a State; or

(2)

a reserve officer of the Army or Air Force who, as a condition of continued employment as a National Guard or Reserve technician is required by the Secretary concerned to maintain membership in a Selected Reserve unit or organization.

(b)Separation for Age.—

An officer may be retained under this section only so long as the officer continues to meet the conditions of paragraph (1) or (2) of subsection (a). An officer described in paragraph (1) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 62 years of age. An officer described in paragraph (2) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 62 years of age.

Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2955; amended Pub. L. 105–85, div. A, title V, § 521(a), Nov. 18, 1997, 111 Stat. 1734; Pub. L. 110–417, [div. A], title V, § 514(b), (c)(1), Oct. 14, 2008, 122 Stat. 4441; Pub. L. 118–159, div. A, title V, § 511(b), Dec. 23, 2024, 138 Stat. 1875.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-337 · 108 Stat. 2955
1997Amended · Pub. L. 105-85 · 111 Stat. 1734
2008Amended · Pub. L. 110-417 · 122 Stat. 4441
2024Amended · Pub. L. 118-159 · 138 Stat. 1875

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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