§3855. Retention in active status of certain officers

(a) Notwithstanding any other section of this chapter except section 3846, the Secretary of the Army may, with the officer's consent, retain in an active status any reserve officer in the Medical Corps, Dental Corps, Veterinary Corps, the Medical Service Corps (if the officer has been designated as an allied health officer or biomedical sciences officer in that Corps), the Chaplains, the Army Nurse Corps, or the Army Medical Specialist Corps.

(b) An officer may be retained in an active status under the authority of this section only to fill a mission-based requirement.

(c)(1) Except as provided in paragraph (2), an officer may not be retained in an active status under this section later than the date on which the officer becomes 68 years of age (or, in the case of an officer in the Chaplains, 60 years of age).

(2) The Secretary of the Army may retain an officer (other than an officer in the Chaplains) in an active status under this section after the date on which the officer becomes 68 years of age if the Secretary determines that continued retention is necessary for the needs of the Army.

(d) Subsection (a)(1) of section 324 of title 32 shall not apply to an officer during any period in which the officer is retained in an active status under this section.

(Added Pub. L. 86–559, §1(31), June 30, 1960, 74 Stat. 273 ; amended Pub. L. 96–107, title IV, §403(a), Nov. 9, 1979, 93 Stat. 808 ; Pub. L. 96–513, title II, §215(a), Dec. 12, 1980, 94 Stat. 2885 ; Pub. L. 100–180, div. A, title VII, §717(a), (d)(1)(A), Dec. 4, 1987, 101 Stat. 1113 , 1114; Pub. L. 101–189, div. A, title VII, §§710(a), 711(a), Nov. 29, 1989, 103 Stat. 1476 , 1477.)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3841 of this title.

Amendments

1989-Subsec. (a). Pub. L. 101–189, §711(a), substituted "the Medical Service Corps (if the officer has been designated as an allied health officer or biomedical sciences officer in that Corps)," for "the podiatry specialty in the Medical Allied Sciences Section of the Medical Service Corps, the Optometry Section of the Medical Service Corps,".

Subsec. (c). Pub. L. 101–189, §710(a)(1), designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), an officer" for "An officer" and "68 years of age" for "67 years of age", and added par. (2).

Subsec. (d). Pub. L. 101–189, §710(a)(2), added subsec. (d).

1987-Pub. L. 100–180 struck out "until age 60" after "officers" in section catchline, inserted subsec. (a) designation and struck out ", but not later than the date on which he becomes 60 years of age" after "Specialist Corps", designated second sentence as subsec. (b), and added subsec. (c).

1980-Pub. L. 96–513 inserted "the podiatry specialty in the Medical Allied Sciences Section of the Medical Service Corps, the Optometry Section of the Medical Service Corps," after "Veterinary Corps," and provision that an officer be retained in an active status under authority of this section only to fill a mission-based requirement.

1979-Pub. L. 96–107 inserted reference to Veterinary Corps.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Section Referred to in Other Sections

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