US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 12646

Commissioned officers: retention of after completing 18 or more, but less than 20, years of service

(a)
section 12732 of this title1
1 See References in Text note below.
If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service computed under , he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21  of title 14, without his consent before the earlier of the following dates—
(1)
section 12732 of this title the date on which he is entitled to be credited with 20 years of service computed under ; or
(2)
the third anniversary of the date on which he would otherwise be discharged or transferred from an active status.
(b)
section 12732 of this title1 If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 19, but less than 20, years of service computed under , he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21  of title 14, without his consent before the earlier of the following dates—
(1)
section 12732 of this title the date on which he is entitled to be credited with 20 years of service computed under ; or
(2)
the second anniversary of the date on which he would otherwise be discharged or transferred from an active status.
(c)
An officer who is retained in an active status under subsection (a) or (b) is an additional number to those otherwise authorized.
(d)
Subsections (a) and (b) do not apply to—
(1)
officers who are discharged or transferred from an active status for physical disability, for cause, or because they have reached the age at which transfer from an active status or discharge is required by law; or
(2)
commissioned warrant officers.
(e)
(1)
1 A reserve commissioned officer on active duty (other than for training) or full-time National Guard duty (other than full-time National Guard duty for training only) who, on the date on which the officer would otherwise be removed from an active status under section 8373, 14513, or 14514 of this title or section 740  of title 14, is within two years of qualifying for retirement under section 7311, 8323, or 9311 of this title may, in the discretion of the Secretary concerned and subject to paragraph (2), be retained on that duty for a period of not more than two years.
(2)
An officer may be retained on active duty or full-time National Guard duty under paragraph (1) only if—
(A)
at the end of the period for which the officer is retained the officer will be qualified for retirement under section 7311, 8323, or 9311 of this title; and
(B)
the officer will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14.
(3)
An officer who is retained on active duty or full-time National Guard duty under this section may not be removed from an active status while on that duty.

Pub. L. 85–861, § 1(22)(B)72 Stat. 1444Pub. L. 86–559, § 1(3)(A)74 Stat. 264Pub. L. 87–651, title I, § 10576 Stat. 508Pub. L. 90–130, § 1(4)81 Stat. 374Pub. L. 93–586, § 388 Stat. 1920Pub. L. 96–322, § 294 Stat. 1015Pub. L. 96–513, title V, § 511(30)94 Stat. 2922Pub. L. 103–337, div. A, title XVI108 Stat. 2996Pub. L. 115–232, div. A, title VIII, § 809(a)132 Stat. 1840(Added , , , § 1006; amended , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 12646 and amended , §§ 1662(h)(2), 1675(d)(3), , , 3018; , , .)

Historical and Revision Notes

1958 Act

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1006(a)

 

1006(b)

 

1006(c)

 

1006(d)

50:1195(a) (less last 30 words).

50:1195(b) (less last 30 words).

50:1227(c).

50:1333(c).

50:1181(1) (as applicable to 50:1195).

Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 205), 205, 307(c), 503(c), 68 Stat. 1149, 1151, 1155, 1173; June 30, 1955, ch. 247, § 1(b), 69 Stat. 218.

 

50:1195(a) (last 30 words).

 

50:1195(b) (last 30 words).

1006(e)

50:1195(c).

In subsections (a) and (b), the words “Notwithstanding any other provisions of this chapter, except as provided in sections 1265 and 1279 of this title” and “has been credited with, or” are omitted as surplusage. The words “entitled to be” in clause (1) are inserted for clarity.

In subsection (e), the words “at the end of that period” are substituted for the word “then” for clarity. The words “before the end of that period” are substituted for the word “earlier” for clarity.

Act1962

68 Stat. 1186section 1391 of title 50section 787 of title 14Pub. L. 85–86172 Stat. 1547The change reflects the repeal of section 611 of the Reserve Officer Personnel Act of 1954, ch. 1257 (), formerly , and its restatement in (see sections 5(2) and 36A of the Act of , ( and 1569)).

Editorial Notes

References in Text

Pub. L. 115–282, title I, § 118(b)132 Stat. 4233Chapter 21 of title 14, referred to in subsecs. (a) and (b), was comprised of sections 701 to 713 and 720 to 746 prior to the renumbering of such sections as sections 3701 to 3714 and 3731 to 3757, respectively, of title 14 by , , . After renumbering, such sections now comprise chapter 37 (designated as chapter “1” in chapter analysis) of title 14.

Section 740 of title 14section 3751 of title 14Pub. L. 115–282, title I, § 118(b)132 Stat. 4233section 740 of title 14section 123(b)(1) of Pub. L. 115–282Pub. L. 115–282section 101 of Title 14, referred to in subsec. (e)(1), was redesignated by , , , and references to deemed to refer to such redesignated section, see , set out as a References to Sections of Title 14 as Redesignated by note preceding , Coast Guard.

Amendments

Pub. L. 115–2322018—Subsecs. (a), (b). substituted “under chapter 843,” for “under chapter 573,” in introductory provisions.

Pub. L. 115–232Subsec. (e)(1). substituted “under section 8373,” for “under section 6389,” and “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.

Pub. L. 115–232Subsec. (e)(2)(A). substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.

Pub. L. 103–337, § 1662(h)(2)section 1006 of this title1994—, renumbered as this section.

Pub. L. 103–337, § 1675(d)(3)(B)Subsecs. (a), (b). , substituted “573, 1407, or 1409” for “337, 361, 363, 573, 837, 861, or 863”.

Pub. L. 103–337, § 1675(d)(3)(A), substituted “12732” for “1332” wherever appearing.

Pub. L. 103–337, § 1675(d)(3)(C)section 740 of title 14section 21(e) of Public Law 85–861Subsec. (e). , added subsec. (e) and struck out former subsec. (e) which read as follows: “A reserve commissioned officer on active duty (other than for training) who, on the date on which he would otherwise be removed from an active status under section 3846, 3848, 3851, 3852, 6389, 6397, 6403, 6410, 8846, 8848, 8851, or 8852 of this title or , and who is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, may, in the discretion of the Secretary concerned, be retained on active duty for a period of not more than two years, if at the end of that period he will be qualified for retirement under one of those sections and will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14. An officer who is retained on active duty under this section may not be removed from an active status while he is on that duty. For officers covered by section 3846, 3848, 3851, or 3852 of this title, the ages at which transfer from an active status or discharge is required are those set forth in section 3843, 3844, or 3845 of this title, or , as the case may be.”

Pub. L. 96–513Public Law 85–8611980—Subsec. (e). substituted “” for “the Act enacting this section”.

Pub. L. 96–322section 740 of title 14section 787 of title 14 substituted “” for “”.

Pub. L. 93–586, § 3(1)1975—Subsecs. (a), (b). , inserted reference to chapter 21 of title 14.

Pub. L. 93–586, § 3(2)Subsec. (c). , substituted “An officer who is retained” for “An officer of the Army or the Air Force who is retained”.

Pub. L. 93–586, § 3(3)Subsec. (e). , substituted “discharge is required by this title or title 14” for “discharge is required by this title”.

Pub. L. 90–1301967—Subsec. (e). struck out references to sections 3847 and 8847 of this title.

section 787 of title 14section 1391 of title 501962—Subsec. (e). Pub. L. 87—651 substituted “” for “”.

Pub. L. 86–5591960—Subsec. (e). struck out references to sections 3849 and 8849 of this title.

Statutory Notes and Related Subsidiaries

Pub. L. 115–282References to Sections of Title 14 as Redesignated by

Section 740 of title 14section 3751 of title 14Pub. L. 115–282, title I, § 118(b)132 Stat. 4233section 740 of title 14section 123(b)(1) of Pub. L. 115–282section 101 of Title 14 redesignated by , , , and references to deemed to refer to such redesignated section, see , set out as a note preceding , Coast Guard.

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 1994 Amendment

Pub. L. 103–337Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by sections 1662(h)(2) and 1675(d)(3)(A) of effective , except as otherwise provided, and amendment by section 1675(d)(3)(B), (C) of effective , see , set out as an Effective Date note under .

Effective Date of 1980 Amendment

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