§6392. Retention in active status of certain officers

(a) Notwithstanding any other section of this chapter except subsections (b), (d), and (e) of section 6383, the Secretary of the Navy may, with the officer's consent, retain in an active status any reserve officer of the Navy who is designated as a medical officer, dental officer, veterinary officer, optometrist, podiatrist, chaplain, nurse, allied health officer, or biomedical sciences officer.

(b) An officer may be retained in an active status under 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 Chaplain Corps, 60 years of age).

(2) The Secretary of the Navy may retain an officer (other than an officer in the Chaplain Corps) 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 Navy.

(Added Pub. L. 100–180, div. A, title VII, §717(b)(1), Dec. 4, 1987, 101 Stat. 1114 ; amended Pub. L. 101–189, div. A, title VII, §§710(b), 711(b), Nov. 29, 1989, 103 Stat. 1476 , 1477.)

Repeal of Section

Pub. L. 103–337, div. A, title XVI, §§1629(b)(3), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2963 , 3026, provided that, effective Oct. 1, 1996, this section is repealed.

Prior Provisions

A prior section 6392, act Aug. 10, 1956, ch. 1041, 70A Stat. 410 , related to revocation of appointments of Regular Navy and Marine Corps officers with less than three years service, prior to repeal effective Sept. 15, 1981, by Pub. L. 96–513, title III, §335, title VII, §701, Dec. 12, 1980, 94 Stat. 2898 , 2955.

Amendments

1989-Subsec. (a). Pub. L. 101–189, §711(b), inserted "allied health officer," before "or biomedical sciences officer".

Subsec. (c). Pub. L. 101–189, §710(b), 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).