10 U.S.C. § 14513 | Failure of selection for promotion: transfer, retirement, or discharge

Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and whose removal from an active status or from a reserve active-status list is required by section 14504, 14505, or 14506 of this title shall (unless the officer’s separation is deferred or the officer is continued in an active status under another provision of law) not later than the date specified in those sections—

(1)

be transferred to an inactive status if the Secretary concerned determines that the officer has skills which may be required to meet the mobilization needs of the officer’s armed force;

(2)

be transferred to the Retired Reserve if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or

(3)

if the officer is not transferred to an inactive status or to the Retired Reserve, be discharged from the officer’s reserve appointment.

Pub. L. 103–337, div. A, title XVI, § 1611Oct. 5, 1994108 Stat. 2953 Pub. L. 107–107, div. A, title V, § 517(b)(1)Dec. 28, 2001115 Stat. 1094(Added , , ; amended , (2)(A), , .)

Editorial Notes

Amendments

Pub. L. 107–107, § 517(b)(2)(A)2001—, substituted “Failure of selection for promotion: transfer, retirement, or discharge” for “Separation for failure of selection of promotion” in section catchline.

Pub. L. 107–107, § 517(b)(1)Par. (2). , substituted “if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve” for “, if the officer is qualified and applies for such transfer”.

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Pub. L. 107–107Dec. 28, 2001section 517(g) of Pub. L. 107–107 section 10154 of this titleAmendment by effective on the first day of the first month that begins more than 180 days after , see , set out as a note under .

Effective Date

Oct. 1, 1996section 1691(b)(1) of Pub. L. 103–337 section 10001 of this titleSection effective , see , set out as a note under .