§8851. Thirty years or five years in grade: reserve colonels and brigadier generals

(a) Except for the adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, or the District of Columbia each officer in an active status in the reserve grade of lieutenant colonel whose name is on a recommended list for promotion to the reserve grade of colonel, each officer in an active status in the reserve grade of colonel whose name is not on a recommended list for promotion to the reserve grade of brigadier general, and each officer in an active status in the reserve grade of brigadier general whose name is not on a recommended list for promotion to the reserve grade of major general, shall, 30 days after he completes 30 years of service computed under section 8853 of this title or on the fifth anniversary of the date of his appointment in the grade in which he is serving, whichever is later-

(1) be transferred to the Retired Reserve, if he is qualified and applies therefor; or

(2) if he is not qualified or does not apply therefor, be discharged from his reserve appointment.

(b) Notwithstanding subsection (a), an officer in the reserve grade of brigadier general who would otherwise be removed from an active status under this section may, in the discretion of the Secretary of the Air Force, be retained in an active status, but not later than the date on which he becomes 60 years of age. Not more than 10 officers may be retained under this subsection at any one time.

(c) Notwithstanding subsections (a) and (b), the Secretary of the Air Force may authorize the retention in an active status until age 60 of an officer who would otherwise be removed from an active status under this section who-

(1) is employed as a technician under section 709 of title 32 in a position for which membership in the National Guard is required as a condition of employment; or

(2) is employed as a technician of the Air Force Reserve in a position for which membership in the Air Force Reserve is required as a condition of employment.

(Added Pub. L. 85–861, §1(192), Sept. 2, 1958, 72 Stat. 1537 ; amended Pub. L. 86–559, §1(73), June 30, 1960, 74 Stat. 280 ; Pub. L. 90–83, §3(6), Sept. 11, 1967, 81 Stat. 220 ; Pub. L. 90–486, §9(2), Aug. 13, 1968, 82 Stat. 760 ; Pub. L. 96–513, title V, §514(7), Dec. 12, 1980, 94 Stat. 2935 ; Pub. L. 98–525, title XIV, §1405(55), Oct. 19, 1984, 98 Stat. 2626 ; Pub. L. 99–145, title V, §522(b)(2), title XIII, §1303(a)(27)(B), Nov. 8, 1985, 99 Stat. 632 , 740; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059 .)

Repeal of Section

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

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
8851(a) 8851(b)	50:1354(a) (1st sentence, less applicability to major generals). 50:1354(c) (less applicability to brigadier generals on a recommended list). 50:1354(a) (less 1st sentence, and less applicability to major generals).	Sept. 3, 1954, ch. 1257, §524(a) (less applicability to major generals), (c) (less applicability to brigadier generals on a recommended list), 68 Stat. 1182 ; June 30, 1955, ch. 247, §4(j) (as applicable to §524(a) (less applicability to major generals), and (c) (less applicability to brigadier generals on a recommended list) of the Act of Sept. 3, 1954, ch. 1257), 69 Stat. 220 .

In subsection (a), the words "After June 30, 1960" are substituted for the words "Effective five years after July 1, 1955". The words "who is not removed from an active status at an earlier date and", in 50:1354(a), are omitted as surplusage. Reference to officers whose names are on a recommended list for promotion to the grade of brigadier general, in 50:1354(c), is omitted as covered by the word "colonel", since only colonels are on a recommended list for promotion to that grade and, under 50:1354(a) and (c), the rule for colonels is the same whether they are on a recommended list or not.

Amendments

1988-Subsec. (a). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

1985-Subsec. (a). Pub. L. 99–145, §1303(a)(27)(B), substituted "Except" for "After June 30, 1960, except".

Subsec. (c). Pub. L. 99–145, §522(b)(2), amended subsec. (c) generally, expanding coverage to include reserve officers who are employed as civilian technicians in the Air Force Reserve in positions that require membership in the Air Force Reserve.

1984-Subsec. (c). Pub. L. 98–525 struck out "of this section" after "subsections (a) and (b)".

1980-Subsec. (c). Pub. L. 96–513 struck out ", United States Code," after "title 32".

1968-Subsec. (c). Pub. L. 90–486 added subsec. (c).

1967-Subsec. (a). Pub. L. 90–83 inserted "whose name is not on a recommended list for promotion to the reserve grade of brigadier general" after "in the reserve grade of colonel".

1960-Subsec. (a). Pub. L. 86–559 excepted the adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1968 Amendment

For effective date of amendment by Pub. L. 90–486, see section 11 of Pub. L. 90–486, set out as a note under section 709 of Title 32, National Guard.

Section Referred to in Other Sections

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