10 USC 6410: Naval Reserve and Marine Corps Reserve; officers: elimination from active status to provide a flow of promotion

10 USC 6410: Naval Reserve and Marine Corps Reserve; officers: elimination from active status to provide a flow of promotion 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

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§6410. Naval Reserve and Marine Corps Reserve; officers: elimination from active status to provide a flow of promotion

(a) Whenever he determines that such action is necessary to provide a steady flow of promotion for officers in an active status in the Naval Reserve or the Marine Corps Reserve, the Secretary of the Navy may convene a board to recommend an appropriate number of these officers for elimination from an active status. Subject to section 1005 ¹ of this title, officers so recommended may be eliminated from an active status as provided in subsection (b).

(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 appropriate Retired Reserve and, if he requests it, shall be so transferred. If he is not transferred to the Retired Reserve, he shall, in the discretion of the Secretary, be transferred to the appropriate inactive status list or be discharged from the Naval Reserve or the Marine Corps Reserve.

(Added Pub. L. 85–861, §1(144)(F), Sept. 2, 1958, 72 Stat. 1512 .)

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§§1629(b)(3), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2963 , 3026, provided that, effective Oct. 1, 1996, this section is repealed.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 section	Source (U.S. Code)	Source (Statutes at Large)
6410(a)	50:1311(b), (f), (less applicability to 1311(d) and (e)).	Sept. 3, 1954, ch. 1257, §411(b), (f), (less applicability to §411(d) and (e)), 68 Stat. 1170 .
6410(b)	50:1311(a) (less applicability to 1311(c), (d), and (e)).	Sept. 3, 1954, ch. 1257, §411(a) (less applicability to §411(c), (d), and (e)), 68 Stat. 1169 .

In subsection (a), the words "Notwithstanding any other provision of this chapter" are omitted as unnecessary.

References in Text

Section 1005 of this title, referred to in subsec. (a), was renumbered section 12645 of this title by Pub. L. 103–337, div. A, title XVI, §1662(h)(2), Oct. 5, 1994, 108 Stat. 2996 .

Section Referred to in Other Sections

This section is referred to in sections 123, 6389, 12646 of this title.

¹ See References in Text note below.