§3848. Twenty-eight years: reserve first lieutenants, captains, majors, and lieutenant colonels

(a) Each officer in the reserve grade of first lieutenant, captain, major, or lieutenant colonel who is not a member of the Retired Reserve shall, 30 days after he completes 28 years of service computed under section 3853 of this title-

(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) Each officer in the reserve grade of lieutenant colonel who has been recommended for promotion, and who would otherwise be removed from an active status under this section, shall be retained in that status until he is appointed or is refused appointment to the next higher grade.

(c) Notwithstanding subsections (a) and (b), the Secretary of the Army may authorize the retention in an active status until age 60 of an officer who would otherwise be removed from an active status under this section who-

(1) is an officer of the Army National Guard of the United States assigned to a headquarters or headquarters detachment of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia; or

(2) is employed-

(A) as a technician under section 709 of title 32 in a position for which membership in the National Guard is required as a condition of employment; or

(B) as a technician of the Army Reserve in a position for which membership in the Army Reserve is required as a condition of employment.

(d) Notwithstanding subsection (a), an officer who is assigned to the Army Nurse Corps, or the Army Medical Specialist Corps, and who would otherwise be removed from an active status under subsection (a), may, in the discretion of the Secretary of the Army, be retained in an active status, but not later than 30 days after he completes 30 years of service computed under section 3853 of this title.

(Added Pub. L. 85–861, §1(94), Sept. 2, 1958, 72 Stat. 1485 ; amended Pub. L. 86–559, §1(26), June 30, 1960, 74 Stat. 272 ; Pub. L. 90–130, §1(12)(B), Nov. 8, 1967, 81 Stat. 376 ; Pub. L. 90–486, §9(1), Aug. 13, 1968, 82 Stat. 760 ; Pub. L. 95–485, title VIII, §820(h), Oct. 20, 1978, 92 Stat. 1627 ; Pub. L. 96–513, title V, §512(8), Dec. 12, 1980, 94 Stat. 2929 ; Pub. L. 99–145, title V, §522(a)(1), title XIII, §1303(a)(20)(B), Nov. 8, 1985, 99 Stat. 631 , 739; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059 .)

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)
3848(a) 3848(b) 3848(c)	50:1264(b). 50:1264(e) (as applicable to 1st lieutenants, captains, majors, and lieutenant colonels). 50:1264(c) (as applicable to lieutenant colonels). 50:1263(d) (as applicable to 50:1264(b)).	Sept. 3, 1954, ch. 1257, §§326(d) (as applicable to §327(b)), 327(b), (c) (as applicable to lieutenant colonels), (e) (as applicable to 1st lieutenants, captains, majors, and lieutenant colonels), 68 Stat. 1162 , 1163.

In subsection (a), the words "After July 1, 1960" are substituted for 50:1264(e). The words "in an active status" are substituted for the words "not removed from an active status at an earlier date under other provisions of law", in 50:1264(b).

In subsection (b), 50:1264(c) (last 33 words) is omitted as surplusage.

In subsection (c), the words "in the grade of colonel or below" are omitted as surplusage.

Amendments

1988-Subsec. (c)(1). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

1985-Subsec. (a). Pub. L. 99–145, §1303(a)(20)(B), substituted "Each" for "After July 1, 1960, each".

Subsec. (c). Pub. L. 99–145, §522(a)(1), amended subsec. (c) generally, thereby expanding coverage to include reserve officers who are employed as civilian technicians in the Army Reserve in positions that require membership in the Army Reserve.

1980-Subsec. (c)(2). Pub. L. 96–513 struck out ", United States Code," after "title 32".

1978-Subsec. (d). Pub. L. 95–485 substituted "or the Army Medical Specialist Corps" for "the Army Medical Specialist Corps, or the Women's Army Corps".

1968-Subsec. (c). Pub. L. 90–486 authorized the Secretary to retain in active status any officer who is employed as a technician under section 709 of Title 32 in a position for which Army National Guard membership is prescribed by the Secretary.

1967-Subsec. (a). Pub. L. 90–130 struck out reference to section 3847 of this title and provisions limiting the applicability of the section, in the case of officers assigned to the Army Nurse Corps, Army Medical Specialist Corps, or Women's Army Corps, to officers in the reserve grade of major who have been recommended for promotion to the reserve grade of lieutenant colonel, who are not a member of the Retired Reserve, and who have remained in an active duty status since that recommendation.

1960-Subsec. (a). Pub. L. 86–559, §1(26)(A), substituted "except as provided in section 3847 of this title, each officer in the reserve grade of first lieutenant, captain, major, or lieutenant colonel who is not a member of the Retired Reserve, and each officer in the reserve grade of major who is assigned to the Army Nurse Corps, Army Medical Specialist Corps, or the Women's Army Corps, who has been recommended for promotion to the reserve grade of lieutenant colonel who is not a member of the Retired Reserve, and who has remained in an active status since that recommendation, shall" for "each officer in an active status in the reserve grade of first lieutenant, captain, major, or lieutenant colonel shall".

Subsec. (d). Pub. L. 86–559, §1(26)(B), added subsec. (d).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–486 effective Jan. 1, 1968, except that no deductions or withholding from salary which result therefrom shall commence before the first day of the first pay period that begins on or after Jan. 1, 1968, see section 11 of Pub. L. 90–486, set out as a note under section 709 of Title 32, National Guard.

Section Referred to in Other Sections

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