10-U.S.C.-14701
§14701 – Selection of officers For Continuation On The Reserve Active-Status List
Pathway
Title 10 > Subtitle E > Part III > Chapter 1409 > Section 14701
Details
- Reference: Section 14701
- Legend: §14701 – Selection of officers For Continuation On The Reserve Active-Status List
- USCode Year: 2013
Provision Content
(a) Consideration for Continuation.—(1) A reserve officer of the Army, Navy, Air Force, or Marine Corps who is required to be removed from the reserve active-status list under section 14505, 14506, or 14507 of this title may, subject to the needs of the service and to section 14509 of this title, be considered for continuation on the reserve active-status list under regulations prescribed by the Secretary of Defense.
(2) A reserve officer who holds the grade of captain in the Army, Air Force, or Marine Corps or the grade of lieutenant in the Navy and who is subject to separation under section 14513 of this title may not be continued on the reserve active-status list under this subsection for a period which extends beyond the last day of the month in which the officer completes 20 years of commissioned service.
(3) A reserve officer who holds the grade of major or lieutenant commander and who is subject to separation under section 14513 of this title may not be continued on the reserve active-status list under this subsection for a period which extends beyond the last day of the month in which the officer completes 24 years of commissioned service.
(4) A reserve officer who holds the grade of lieutenant colonel or commander and who is subject to separation under section 14514 of this title may not be continued on the reserve active-status list under this subsection for a period which extends beyond the last day of the month in which the officer completes 33 years of commissioned service.
(5) A reserve officer who holds the grade of colonel in the Army, Air Force, or Marine Corps or the grade of captain in the Navy and who is subject to separation under section 14514 of this title may not be continued on the reserve active-status list under this subsection for a period which extends beyond the last day of the month in which the officer completes 35 years of commissioned service.
(6) An officer who is selected for continuation on the reserve active-status list under regulations prescribed under paragraph (1) but who declines to continue on that list shall be separated in accordance with section 14513 or 14514 of this title, as the case may be.
(7) Each officer who is continued on the reserve active-status list under this section, who is not subsequently promoted or continued on the active-status list, and whose name is not on a list of officers recommended for promotion to the next higher grade shall (unless sooner separated under another provision of law) be separated in accordance with section 14513 or 14514 of this title, as appropriate, upon the expiration of the period for which the officer was continued on the reserve active-status list.
(b) Regulations.—The Secretary of Defense shall prescribe regulations for the administration of this section.
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2954; amended Pub. L. 106–398, §1 [[div. A], title V, §522], Oct. 30, 2000, 114 Stat. 1654, 1654A–108; Pub. L. 108–136, div. A, title V, §511(a), Nov. 24, 2003, 117 Stat. 1459.)
Amendments
2003—Subsec. (a)(1). Pub. L. 108–136, §511(a)(1)(A), substituted under regulations prescribed by the Secretary of Defense for by a selection board convened under section 14101(b) of this title.
Subsec. (a)(6). Pub. L. 108–136, §511(a)(1)(B), substituted under regulations prescribed under paragraph (1) for as a result of the convening of a selection board under section 14101(b) of this title.
Subsecs. (b) to (d). Pub. L. 108–136, §511(a)(2), (3), redesignated subsec. (d) as (b) and struck out former subsecs. (b) and (c) which read as follows:
(b) Approval of Secretary Concerned.—Continuation of an officer on the reserve active-status list under this section pursuant to action of a continuation board convened under section 14101(b) of this title is subject to the approval of the Secretary of the military department concerned.
(c) Instructions To Continuation Boards.—A continuation board convened under section 14101(b) of this title to consider officers for continuation on the reserve active-status list under this section shall act in accordance with the instructions and directions provided to the board by the Secretary of the military department concerned.
2000—Subsec. (a)(1). Pub. L. 106–398 substituted A reserve officer for Upon application, a reserve officer.
Effective Date
Chapter effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-14512 in the Legal Encyclopedia: Army Reserve
In this entry about 10-U.S.C.-14512, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.
10-U.S.C.-14510 in the Legal Encyclopedia: Reserve Active Status List
In this entry about 10-U.S.C.-14510, find legal reference material, bibliographies and premiere content related to reserve active status list in the American Encyclopedia of Law, presenting a comprehensive view of the United States reserve active status list-specific issues, written by authorities in the field.
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