§8850. Thirty years or more: reserve commissioned officers; excessive number

Whenever the Secretary of the Air Force believes that there are too many commissioned officers in an active status, in any reserve grade, who have at least 30 years of service computed under section 8853 of this title or at least 20 years of service computed under section 1332 ¹ of this title, he may convene a board to consider all reserve officers in an active status in that grade who have that amount of service and who are not assigned to a unit organized to serve as a unit. The board shall recommend officers by name for removal from an active status, in the number specified by the Secretary. In the case of an officer so recommended, the Secretary may-

(1) transfer him to the Retired Reserve, if he is qualified and applies therefor;

(2) transfer him to an inactive status, if he is qualified; or

(3) discharge him from his reserve appointment.

(Added Pub. L. 85–861, §1(192), Sept. 2, 1958, 72 Stat. 1537 ; amended Pub. L. 90–168, §2(22), Dec. 1, 1967, 81 Stat. 525 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 8841 of this title.

The words "The board shall * * * in the number specified by the Secretary" are substituted for the words "The Secretary shall direct the board to * * * a specified number". The words before clause (1) of the last sentence are substituted for 50:1355(b) (words before clause (1)).

References in Text

Section 1332 of this title, referred to in text, was renumbered section 12732 of this title and amended generally by Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 2998 , 3000.

Amendments

1967-Pub. L. 90–168 excepted from the board's screening authority those officers who are assigned to a unit organized to serve as such.

Effective Date of 1967 Amendment

For effective date of amendment by Pub. L. 90–168, see section 7 of Pub. L. 90–168, set out as a note under section 138 of this title.

Section Referred to in Other Sections

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

¹ See References in Text note below.