10 U.S.C. § 12771 | Reserve officers: grade on transfer to Retired Reserve

(a)

Grade on Transfer .—

section 12774(a) of this title section 1370a of this titleUnless entitled to a higher grade under another provision of law, a reserve commissioned officer, other than a commissioned warrant officer, who is transferred to the Retired Reserve is entitled to be placed on the retired list established by in the highest grade in which he served satisfactorily, as determined by the Secretary concerned and in accordance with , in the armed force in which he is serving on the date of transfer.

(b)

Effect of Subsequent Recall to Active Status .—

(1)

section 10145(d) of this title section 1370a of this title If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under and completes not less than two years of service in such active status, the member is entitled to an adjustment in the retired grade of the member in the manner provided in .

(2)

The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—

(A)

section 314 of title 32 is recalled to serve in a position of adjutant general required under or in a position of assistant adjutant general subordinate to such a position of adjutant general;

(B)

completes at least one year of service in such position; and

(C)

section 324(b) of title 32 fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in .

Pub. L. 103–337, div. A, title XVI, § 1662(k)(1)Oct. 5, 1994108 Stat. 3005 Pub. L. 111–84, div. A, title VI, § 642(b)Oct. 28, 2009123 Stat. 2365 Pub. L. 116–283, div. A, title V, § 508(b)(5)Jan. 1, 2021134 Stat. 3585(Added , , ; amended , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 103–337, § 1662(k)(2)Provisions similar to those in this section were contained in section 1374(b), (f) of this title, prior to repeal by .

Amendments

Pub. L. 116–283, § 508(b)(5)(A)section 1370a of this title2021—Subsec. (a). , substituted “” for “section 1370(d)”.

Pub. L. 116–283, § 508(b)(5)(B)Subsec. (b)(1). , substituted “section 1370a” for “section 1370(d)”.

Pub. L. 111–842009— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

Dec. 1, 1994section 1691 of Pub. L. 103–337 section 10001 of this titleSection effective , except as otherwise provided, see , set out as a note under .