§12646. Commissioned officers: retention of after completing 18 or more, but less than 20, years of service
(a) 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 337, 361, 363, 573, 837, 861, or 863 of this title or chapter 21 of title 14, without his consent before the earlier of the following dates-
(1) the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or
(2) the third anniversary of the date on which he would otherwise be discharged or transferred from an active status.
(b) 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 337, 361, 363, 573, 837, 861, or 863 of this title or chapter 21 of title 14, without his consent before the earlier of the following dates-
(1) the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or
(2) the second anniversary of the date on which he would otherwise be discharged or transferred from an active status.
(c) An officer who is retained in an active status under subsection (a) or (b) is an additional number to those otherwise authorized.
(d) Subsections (a) and (b) do not apply to-
(1) 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
(2) commissioned warrant officers.
(e) A reserve commissioned officer on active duty (other than for training) who, on the date on which he would otherwise be removed from an active status under section 3846, 3848, 3851, 3852, 6389, 6397, 6403, 6410, 8846, 8848, 8851, or 8852 of this title or section 740 of title 14, and who is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, may, in the discretion of the Secretary concerned, be retained on active duty for a period of not more than two years, if at the end of that period he will be qualified for retirement under one of those sections and 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 under this section may not be removed from an active status while he is on that duty. For officers covered by section 3846, 3848, 3851, or 3852 of this title, the ages at which transfer from an active status or discharge is required are those set forth in section 3843, 3844, or 3845 of this title, or section 21(e) of
(Added
Amendment of Section
(1) by striking out "chapter 337, 361, 363, 573, 837, 861, or 863" in subsections (a) and (b) and inserting in lieu thereof "chapter 573, 1407, or 1409"; and
(2) by striking out subsection (e) and inserting in lieu thereof the following:
(e)(1) 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 6389, 14513, or 14514 of this title or section 740 of title 14, is within two years of qualifying for retirement under section 3911, 6323, or 8911 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.
(2) An officer may be retained on active duty or full-time National Guard duty under paragraph (1) only if-
(A) at the end of the period for which the officer is retained the officer will be qualified for retirement under section 3911, 6323, or 8911 of this title; and
(B) 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.
(3) 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.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1006(a)
1006(b) 1006(c) 1006(d) |
50:1195(a) (less last 30 words). 50:1195(b) (less last 30 words). 50:1227(c). 50:1333(c). 50:1181(1) (as applicable to 50:1195). |
Sept. 3, 1954, ch. 1257, §§102(1) (as applicable to §205), 205, 307(c), 503(c), |
| 50:1195(a) (last 30 words). | ||
| 50:1195(b) (last 30 words). | ||
| 1006(e) | 50:1195(c). |
In subsections (a) and (b), the words "Notwithstanding any other provisions of this chapter, except as provided in sections 1265 and 1279 of this title" and "has been credited with, or" are omitted as surplusage. The words "entitled to be" in clause (1) are inserted for clarity.
In subsection (e), the words "at the end of that period" are substituted for the word "then" for clarity. The words "before the end of that period" are substituted for the word "earlier" for clarity.
1962 Act
The change reflects the repeal of section 611 of the Reserve Officer Personnel Act of 1954, ch. 1257 (
References in Text
Section 21(e) of
Amendments
1994-
Subsecs. (a), (b).
1980-Subsec. (e).
1975-Subsecs. (a), (b).
Subsec. (c).
Subsec. (e).
1967-Subsec. (e).
1962-Subsec. (e). Pub. L. 87-651 substituted "section 787 of title 14" for "section 1391 of title 50".
1960-Subsec. (e).
Effective Date of 1994 Amendment
Amendment by sections 1662(h)(2) and 1675(d)(3)(A) of
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in sections 3819, 3846, 8819, 8846, 14504, 14505, 14506, 14507 of this title; title 14 sections 740, 741; title 32 section 323.