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10 U.S.C. § 14901 — Separation of chaplains for loss of professional qualifications

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14901 — Separation of chaplains for loss of professional qualifications

**(a) Separation.—** Under regulations prescribed by the Secretary of Defense, an officer on the reserve active-status list who is appointed or designated as a chaplain may, if the officer fails to maintain the qualifications needed to perform the professional function of a chaplain, be discharged. The authority under the preceding sentence applies without regard to the provisions of [section 12645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim). **(b) Effect of Separation.—** If an officer separated under this section is eligible for retirement, the officer may be retired. If the officer has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the officer may be transferred to the Retired Reserve.

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Stable record: federal_law:legal_authorities:record_usc_1a85179819c77d2c30e68a30
Source file: Laws/federal/codes/united-states-code/title-10/section-14901-separation-of-chaplains-for-loss-of-professional-qualifications--70491212e8.md
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Passage SHA-256: debe417e8559681ff53e5283894c45098459d6031727f1a8f7ae6ac9bc001bb7

Source location: Title 10, Chapter 1411, § 14901; chapter-1411-additional-provisions-relating-to-involuntary-separation.md

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**(a) Separation.—** Under regulations prescribed by the Secretary of Defense, an officer on the reserve active-status list who is appointed or designated as a chaplain may, if the officer fails to maintain the qualifications needed to perform the professional function of a chaplain, be discharged. The authority under the preceding sentence applies without regard to the provisions of [section 12645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim). **(b) Effect of Separation.—** If an officer separated under this section is eligible for retirement, the officer may be retired. If the officer has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the officer may be transferred to the Retired Reserve.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12645 — Commissioned officers: retention until completion of required service

**(a)** Except as provided in subsection (b), a reserve commissioned officer who has not completed the period of service required of him by [section 651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section651&num=0&edition=prelim) or any other provision of law may not be discharged or transferred from an active status under chapter 843, 1407, 1409, or 1411 of this title or chapter 21 11 See References in Text note below. of title 14. Unless, under regulations prescribed by the Secretary concerned, he is promoted to a higher reserve grade, he shall be retained in an active status in his reserve grade for the rest of his period of required service and shall be an additional number to the authorized strength of his grade. **(b)** Subsection (a) does not prevent the discharge or transfer from an active status of— (1) a commissioned warrant officer; (2) an officer on the active-duty list or a reserve active-status list who is found not qualified for promotion to the grade of first lieutenant, in the case of an officer of the Army, Air Force, or Marine Corps, or lieutenant (junior grade), in the case of an officer of the Navy; (3) an officer on the active-duty list or reserve active-status list who has failed of selection for promotion for the second time to the grade of captain, in the case of an officer of the Army, Air Force, or Marine Corps, or to the grade of lieutenant, in the case of an officer of the Navy; or (4) an officer whose discharge or transfer from an active status is required by law.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14901 — Separation of chaplains for loss of pro-

Page 3757 TITLE 10—ARMED FORCES § 14902 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 6389(f)(3) of this title, prior to repeal by Pub. L. 103–337, § 1628(4). AMENDMENTS 2006—Subsec. (a). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 2003—Subsec. (b)(1). Pub. L. 108–136 substituted ‘‘se- lection board’’ for ‘‘continuation board’’. 1998—Subsec. (b). Pub. L. 105–261 designated existing provisions as par. (1), inserted ‘‘of officers’’ after ‘‘con- sideration’’ and ‘‘continuation’’ after ‘‘shall convene a’’, and added par. (2). Statutory Notes and Related Subsidiaries 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. § 14706. Computation of total years of service (a) For the purpose of this chapter and chapter 1407 of this title, a Reserve officer’s years of service include all service of the officer as a commissioned officer of a uniformed service other than the following: (1) Service as a warrant officer. (2) Constructive service. (3) Service after appointment as a commis- sioned officer of a reserve component while in a program of advanced education to obtain the first professional degree required for appoint- ment, designation, or assignment to a profes- sional specialty, but only if that service oc- curs before the officer commences initial serv- ice on active duty or initial service in the Ready Reserve in the specialty that results from such a degree. (b) The exclusion under subsection (a)(3) does not apply to service performed by an officer who previously served on active duty or participated as a member of the Ready Reserve in other than a student status for the p

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14901

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