§3850. Thirty years or more: reserve commissioned officers; excessive number

Whenever the Secretary of the Army believes that there are too many commissioned officers in an active status, in any reserve grade, who have at least 30 years of service computed under section 3853 of this title or at least 20 years of service computed under section 1332 ¹ of this title, he shall convene a board to consider all officers in an active status in that grade who have that amount of service and who are not assigned to a unit organized to serve as a unit. The board shall recommend officers by name for removal from an active status, in the number specified by the Secretary. In the case of an officer so recommended, the Secretary may-

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

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

(Added Pub. L. 85–861, §1(94), Sept. 2, 1958, 72 Stat. 1485 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3841 of this title.

The words "The board shall * * * in the number specified by the Secretary" are inserted for clarity. The words "and transfer to the Retired Reserve or discharge" are omitted as surplusage. The word "may" is substituted for the words "in his discretion, is authorized".

References in Text

Section 1332 of this title, referred to in text, was renumbered section 12732 of this title and amended generally by Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 2998 , 3000.

Section Referred to in Other Sections

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

¹ See References in Text note below.