10 USC 6397: Naval Reserve; officers in the Nurse Corps: elimination from active status
Result 1 of 1
   
 
<< Previous   TITLE 10 / Subtitle C / PART II / CHAPTER 573 / § 6397   Next >>
 
10 USC 6397: Naval Reserve; officers in the Nurse Corps: elimination from active status Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle C-Navy and Marine CorpsPART II-PERSONNELCHAPTER 573-INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH
Jump To: Source CreditFuture AmendmentsAmendmentsEffective Date

§6397. Naval Reserve; officers in the Nurse Corps: elimination from active status

(a) An officer of the Naval Reserve in any grade in the Nurse Corps may be eliminated from an active status under the conditions prescribed in this title for the separation from the active-duty list of a regular officer in the same grade.

(b) An officer who is to be eliminated from an active status under this section shall, if qualified, be given an opportunity to request transfer to the Retired Reserve and, if the person requests it, shall be so transferred. If the person is not transferred to the Retired Reserve, the person shall, in the discretion of the Secretary of the Navy, be transferred to the inactive status list or be discharged from the Naval Reserve.

(c) An officer may be eliminated from an active status under this section, only upon the recommendation of a board appointed by the Secretary and convened at such times as he directs.

(Added Pub. L. 85–861, §1(144)(D), Sept. 2, 1958, 72 Stat. 1511 ; amended Pub. L. 89–609, §1(27), Sept. 30, 1966, 80 Stat. 854 ; Pub. L. 96–513, title III, §338, Dec. 12, 1980, 94 Stat. 2901 .)

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§§1629(b)(3), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2963 , 3026, provided that, effective Oct. 1, 1996, this section is repealed.

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6397(a) 50:1311(e). Sept. 3, 1954, ch. 1257, §411(e), 68 Stat. 1170 .
6397(b) 50:1311(a) (as applicable to 1311(e)). Sept. 3, 1954, ch. 1257, §411(a) (as applicable to §411(e)), 68 Stat. 1169 .
6397(c) 50:1311(f) (as applicable to 1311(e)). Sept. 3, 1954, ch. 1257, §411(f) (as applicable to §411(e)), 68 Stat. 1170 .

The act of August 9, 1955, ch. 654, section 1 (69 Stat. 579 ) authorized the appointment of men as commissioned officers in the Nurse Corps of the Naval Reserve. Even though it is assumed that men will be a small minority in the Corps, the masculine pronoun is used throughout since under 1 U.S.C. 1 words importing the masculine gender include the feminine. The converse is not true.

Amendments

1980-Subsec. (a). Pub. L. 96–513 substituted "in this title for the separation from the active-duty list of a regular officer in the same grade" for "by this chapter for the separation from the active list of an officer on the active list of the Navy in the same grade in the Nurse Corps".

1966-Subsec. (b). Pub. L. 89–609 substituted "the person" for "he" in three places.

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 sections 123, 12646 of this title.