§3843. Age 60: reserve officers below major general

(a) Except as provided in section 3845 of this title, each officer in the reserve grade of brigadier general who has not been recommended for promotion to the reserve grade of major general or has not remained in an active status since such a recommendation shall, on the last day of the month in which he becomes 60 years of age-

(1) be transferred to the Retired Reserve, if he is qualified and applies therefor; or

(2) if he is not qualified or does not apply therefor, be discharged from his reserve appointment.

(b) Except as provided in section 3845 of this title, each commissioned officer in a reserve grade below brigadier general who is not a member of the Retired Reserve shall, on the last day of the month in which he becomes 60 years of age-

(1) be transferred to the Retired Reserve, if he is qualified and applies therefor; or

(2) if he is not qualified or does not apply therefor, be discharged from his reserve appointment.

(Added Pub. L. 85–861, §1(94), Sept. 2, 1958, 72 Stat. 1483 ; amended Pub. L. 86–559, §1(23), June 30, 1960, 74 Stat. 271 ; Pub. L. 99–145, title XIII, §1303(a)(20)(A), Nov. 8, 1985, 99 Stat. 739 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3841 of this title.

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
3843(a) 3843(b)	50:1263(a) (1st par., as applicable to brigadier generals not on a recommended list). 50:1263(a) (1st par., as applicable to grades below brigadier general).	Sept. 3, 1954, ch. 1257, §326(a) (1st par., as applicable to brigadier generals not on a recommended list, and as applicable to grades below brigadier general), 68 Stat. 1161 .

In subsection (b), the words "after July 1, 1960" are inserted to reflect 50:1263 (words of 2d paragraph (before colon)).

Amendments

1985-Subsec. (b). Pub. L. 99–145 struck out "after July 1, 1960," after "this title,".

1960-Subsec. (b). Pub. L. 86–559 substituted "in a reserve grade below brigadier general who is not a member of the Retired Reserve" for "in an active status in a reserve grade below brigadier general."

Transfer to Retired Reserve or Discharge of Reserve Commissioned Officers Before July 2, 1960

Section 21 of Pub. L. 85–861 provided that:

"(a) Before July 2, 1960, each officer of the Army in the reserve grade of colonel who has not been recommended for promotion to the reserve grade of brigadier general or has not remained in an active status since such a recommendation, and each officer of the Army in the reserve grade of lieutenant colonel who has been recommended for promotion to the reserve grade of colonel and has remained in an active status since that recommendation, shall, on the last day of the month in which he becomes 58 years of age-

"(1) be transferred to the Retired Reserve, if he is qualified and applies therefor; or

"(2) if he is not qualified or does not apply therefor, be discharged.

"(b) Before July 2, 1960, each officer of the Army in the reserve grade of lieutenant colonel who has not been recommended for promotion to the reserve grade of colonel or has not remained in an active status since such a recommendation, and each officer of the Army in a reserve grade below lieutenant colonel, shall, on the last day of the month in which he becomes 55 years of age-

"(1) be transferred to the Retired Reserve, if he is qualified and applies therefor; or

"(2) if he is not qualified or does not apply therefor, be discharged.

"(c) Notwithstanding subsections (a) and (b), the Secretary of the Army may authorize the retention in an active status until age 60 of any officer of the Army National Guard of the United States who would otherwise be removed from an active status under this section and who is assigned to a headquarters or headquarters detachment of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia.

"(d) Notwithstanding subsections (a) and (b), a reserve officer who is on active duty (other than for training) in a temporary grade above lieutenant colonel and who would otherwise be removed from an active status under this section may, in the discretion of the Secretary, be retained on active duty, but not past his sixtieth birthday, and may not be removed from an active status while he is on that duty.

"(e) Notwithstanding subsections (a) and (b), the age prescribed for the discharge or transfer from an active status before July 2, 1960, of a reserve officer covered by this section is 60 for the purposes of section 1006 [now 12646] of title 10, United States Code.

"(f) Notwithstanding subsections (a) and (b), a reserve officer of the Army who is assigned to the Selective Service System may be retained in an active status in that assignment until he becomes 60 years of age."

Section Referred to in Other Sections

This section is referred to in section 123 of this title.