US Code

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

14 U.S.C. § 3752

Retention boards; removal from an active status to provide a flow of promotion

(a)
Notwithstanding any other provision of this title, whenever the Secretary determines that it is necessary to reduce the number of Reserve officers in an active status in any grade to provide a steady flow of promotion, or that there is an excessive number of Reserve officers in an active status in any grade, the Secretary may appoint and convene a retention board to consider all of the Reserve officers in that grade in an active status who have 18 years or more of service for retirement, except those officers who—
(1)
are on extended active duty;
(2)
are on a list of selectees for promotion;
(3)
will complete 30 years total commissioned service by June 30th following the date that the retention board is convened; or
(4)
have reached age 59 by the date on which the retention board is convened.
The retention board shall select and recommend a specified number of the officers under consideration for retention in an active status.
(b)
This board shall—
(1)
to the extent practicable, consist of at least 50 per centum Reserve officers;
(2)
consist only of officers who are senior in rank to any officers being considered by that board; and
(3)
to the extent practicable, consist of officers who have not served on the last previous retention board which considered officers of the same grade.
(c)
section 12646 of title 10 Subject to , a Reserve officer who is not recommended for retention in an active status under this section shall be given an opportunity to transfer to the Retired Reserve, if qualified, but unless so transferred shall, in the discretion of the Secretary, be transferred to the inactive status list or discharged on June 30 next following the date on which the report of the retention board is approved.
(d)
section 2117 of this title The provisions of shall, to the extent that they are not inconsistent with this subchapter, apply to boards convened under this section.

Pub. L. 96–322, § 194 Stat. 1014Pub. L. 101–225, title II, § 203(5)103 Stat. 1911Pub. L. 103–206, title II, § 203107 Stat. 2420Pub. L. 103–337, div. A, title XVI, § 1677(b)(5)108 Stat. 3020Pub. L. 104–106, div. A, title XV, § 1501(e)(1)(B)110 Stat. 501Pub. L. 115–282, title I132 Stat. 4233(Added , , , § 741; amended , , ; , , ; , , ; , , ; renumbered § 3752 and amended , §§ 118(b), 123(b)(2), , , 4240.)

Editorial Notes

Prior Provisions

section 787a of this titlePub. L. 96–322Provisions similar to those in this section were contained in prior to the complete revision of former chapter 21 of this title by .

Amendments

Pub. L. 115–282, § 118(b)section 741 of this title2018—, renumbered as this section.

Pub. L. 115–282, § 123(b)(2)Subsec. (d). , substituted “section 2117” for “section 260”.

Pub. L. 104–106section 12646 of title 10section 1006 of title 101996—Subsec. (c). substituted “” for “”.

Pub. L. 103–337section 12646 of title 10section 1006 of title 10section 1006 of title 101994—Subsec. (b). , which directed amendment of subsec. (b) by substituting “” for “”, could not be executed because the words “” did not appear in subsec. (b).

Pub. L. 103–2061993— in subsec. (a) in first sentence substituted “, except those officers who—” and pars. (1) to (4) for “and are not on active duty and not on an approved list of selectees for promotion to the next higher grade”, realigned margin of second sentence, inserted “(b)” before “This board shall—” in third sentence and realigned margin, and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Pub. L. 101–2251989—Subsec. (a). inserted “who have 18 years or more of service for retirement and are” before “not on active duty”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–106Pub. L. 103–337section 1501(f)(3) of Pub. L. 104–106section 113 of Title 10Amendment by effective as if included in the Reserve Officer Personnel Management Act, title XVI of , as enacted on , see , set out as a note under , Armed Forces.

Effective Date of 1994 Amendment

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of Title 10Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , Armed Forces.