§12645. Commissioned officers: retention until completion of required service

(a) Except as provided in subsection (b), a reserve commissioned officer who has not completed the period of service required of him by section 651 of this title or any other provision of law may not be discharged or transferred from an active status under chapter 337, 361, 363, 573, 837, 861, or 863 of this title or chapter 21 of title 14. Unless, under regulations prescribed by the Secretary concerned, he is promoted to a higher reserve grade, he shall be retained in an active status in his reserve grade for the rest of his period of required service and shall be an additional number to the authorized strength of his grade.

(b) Subsection (a) does not prevent the discharge or transfer from an active status of-

(1) a commissioned warrant officer; or

(2) an officer on the active-duty list who is found not qualified for promotion to the grade of first lieutenant, in the case of an officer of the Army, Air Force, or Marine Corps, or lieutenant (junior grade), in the case of an officer of the Navy.

(Added Pub. L. 85–861, §1(22)(B), Sept. 2, 1958, 72 Stat. 1444 , §1005; amended Pub. L. 93–586, §2, Jan. 2, 1975, 88 Stat. 1920 ; Pub. L. 98–525, title V, §528(a), Oct. 19, 1984, 98 Stat. 2525 ; renumbered §12645 and amended Pub. L. 103–337, div. A, title XVI, §§1627, 1662(h)(2), 1675(d)(2), Oct. 5, 1994, 108 Stat. 2962 , 2996, 3018.)

Amendment of Section

Pub. L. 103–337, div. A, title XVI, §§1627, 1675(d)(2), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2962 , 3018, 3026, provided that, effective Oct. 1, 1996, this section is amended as follows:

(1) Subsection (a) is amended-by striking out "chapter 337, 361, 363, 573, 837, 861, or 863" and inserting in lieu thereof "chapter 573, 1407, 1409, or 1411".

(2) Subsection (b) is amended-

(A) by striking out "or" at the end of paragraph (1);

(B) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon; and

(C) by adding at the end the following:

(3) an officer on the active-duty list or reserve active-status list who has failed of selection for promotion for the second time to the grade of captain, in the case of an officer of the Army, Air Force, or Marine Corps, or to the grade of lieutenant, in the case of an officer of the Navy; or

(4) an officer whose discharge or transfer from an active status is required by law.

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
1005	50:1181(1) (as applicable to 50: 1194). 50:1194.	Sept. 3, 1954, ch. 1257, §§102(1) (as applicable to §204), 204, 68 Stat. 1149 , 1151.

The word "subsequently" is omitted as surplusage.

Amendments

1994-Pub. L. 103–337, §1662(h)(2), renumbered section 1005 of this title as this section.

1984-Pub. L. 98–525 substituted "(a) Except as provided in subsection (b), a reserve commissioned officer" for "A reserve commissioned officer, other than a commissioned warrant officer,", struck out the comma before "may", and added subsec. (b).

1975-Pub. L. 93–586 inserted reference to chapter 21 of title 14.

Effective Date of 1994 Amendment

Amendment by sections 1627 and 1675(d)(2) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Section Referred to in Other Sections

This section is referred to in sections 3819, 3846, 6389, 6410, 8819, 8846, 12642, 14503, 14901 of this title; title 32 section 323.