2018 US Code
Title 10 - Armed Forces
Subtitle E - Reserve Components
Part III - Promotion and Retention of Officers on the Reserve Active-Status List
Chapter 1409 - Continuation of Officers on the Reserve Active-Status List and Selective Early Removal
Sec. 14704 - Selective early removal from the reserve active-status list

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Citation 10 U.S.C. § 14704 (2018)
Section Name §14704. Selective early removal from the reserve active-status list
Section Text

(a) Boards To Recommend Officers for Removal From Reserve Active-Status List.—(1) Whenever the Secretary of the military department concerned determines that there are in any reserve component under the jurisdiction of the Secretary too many officers in any grade and competitive category who have at least 30 years of service computed under section 14706 of this title or at least 20 years of service computed under section 12732 of this title, the Secretary may convene a selection board under section 14101(b) of this title to consider officers on the reserve active-status list who are in that grade and competitive category, and who have that amount of service, for the purpose of recommending officers by name for removal from that list.

(2) Except as provided in paragraph (3), the list of officers in a reserve component whose names are submitted to a board under paragraph (1) shall include each officer on the reserve active-status list for that reserve component in the same grade and competitive category whose position on the reserve active-status list is between—

(A) that of the most junior officer in that grade and competitive category whose name is submitted to the board; and

(B) that of the most senior officer in that grade and competitive category whose name is submitted to the board.


(3) A list submitted to a board under paragraph (1) may not include an officer who—

(A) has been approved for voluntary retirement; or

(B) is to be involuntarily retired under any provision of law during the fiscal year in which the board is convened or during the following fiscal year.


(b) Specification of Number of Officers Who May Be Recommended for Separation.—The Secretary of the military department concerned shall specify the number of officers described in subsection (a)(1) that a board may recommend for separation under subsection (c).

(c) Separation of Officers Selected.—In the case of an officer recommended for separation in the report of a board under subsection (a), the Secretary may separate the officer in accordance with section 14514 of this title.

(d) Regulations.—The Secretary of the military department concerned shall prescribe regulations for the administration of this section.

Source Credit

(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2956; amended Pub. L. 113–66, div. A, title V, §503(b), Dec. 26, 2013, 127 Stat. 750.)

Editorial Notes PRIOR PROVISIONS

Provisions similar to those in this section were contained in sections 3850 and 8850 of this title, prior to repeal by Pub. L. 103–337, §1629(a)(3), (c)(3).

AMENDMENTS

2013—Subsec. (a). Pub. L. 113–66, §503(b)(1), designated existing provisions as par. (1), substituted "officers on the reserve active-status list" for "all officers on that list" and "that list." for "the reserve active-status list, in the number specified by the Secretary by each grade and competitive category." in par. (1), and added pars. (2) and (3).

Subsecs. (b) to (d). Pub. L. 113–66, §503(b)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

EFFECTIVE DATE

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

Publication Title United States Code, 2018 Edition, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
Subtitle E - Reserve Components
PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST
CHAPTER 1409 - CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL
Sec. 14704 - Selective early removal from the reserve active-status list
Contains section 14704
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 108 Stat. 2956
127 Stat. 750
Public Law References Public Law 103-337, Public Law 113-66
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