§3851. Thirty years or five years in grade: reserve colonels and brigadier generals

(a) Each officer in the reserve grade of colonel or brigadier general who is not a member of the Retired Reserve or the adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, or the District of Columbia shall, 30 days after he completes 30 years of service computed under section 3853 of this title or on the fifth anniversary of the date of his appointment in his current reserve grade, whichever is later-

(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 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 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 in the reserve grade of brigadier general who would otherwise be removed from an active status under this section, except that not more than 10 officers may be retained under this subsection at any time.

(d) 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.

(Added Pub. L. 85–861, §1(94), Sept. 2, 1958, 72 Stat. 1486 ; amended Pub. L. 86–559, §1(28), June 30, 1960, 74 Stat. 272 ; Pub. L. 90–486, §9(1), Aug. 13, 1968, 82 Stat. 760 ; Pub. L. 96–513, title V, §512(8), Dec. 12, 1980, 94 Stat. 2929 ; Pub. L. 98–525, title V, §513, Oct. 19, 1984, 98 Stat. 2522 ; Pub. L. 99–145, title V, §522(a)(2), title XIII, §1303(a)(20)(B), Nov. 8, 1985, 99 Stat. 631 , 739; Pub. L. 99–661, div. A, title XIII, §1342(g), Nov. 14, 1986, 100 Stat. 3992 ; 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)
3851(a) 3851(b) 3851(c)	50:1264(a) (less applicability to major generals). 50:1364(e) (as applicable to colonels and brigadier generals). 50:1264(c) (less applicability to lieutenant colonels). 50:1263(d) (as applicable to 50:1264(a)).	Sept. 3, 1954, ch. 1257, §§326(d) (as applicable to §327(a)), 327(a) (less applicability to major generals), (c) (less applicability to lieutenant colonels), and (e) (as applicable to colonels and brigadier generals), 68 Stat. 1162 , 1163.

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

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

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

Amendments

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

1986-Subsec. (d). Pub. L. 99–661 amended section and directory language of Pub. L. 99–145, §522(a)(2), to correct an error. See 1985 Amendment note below.

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

Subsec. (d). Pub. L. 99–145, §522(a)(2), as amended Pub. L. 99–661, amended subsec. (d) generally, 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.

1984-Subsec. (c). Pub. L. 98–525, §513(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 98–525, §513(1), redesignated former subsec. (c) as (d) and struck out "of this section" after "subsections (a) and (b)" in provisions preceding par. (1).

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

1968-Subsec. (c). Pub. L. 90–486 struck out "whose reserve grade is colonel" after "the United States," and inserted provisions authorizing 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.

1960-Subsec. (a). Pub. L. 86–559 substituted "in the reserve grade of colonel or brigadier general who is not a member of the Retired Reserve or the adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia" for "in an active status in the reserve grade of colonel or brigadier general".

Effective Date of 1986 Amendment

Section 1342(h)(2) of Pub. L. 99–661 provided that: "The amendments made by subsections (f) and (g) [amending this section and section 2168 of Title 50, Appendix, War and National Defense] shall apply as if included in the enactment of the Department of Defense Authorization Act, 1986 (Public Law 99–145)."

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.