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10 U.S.C. § 14513 — Failure of selection for promotion: transfer, retirement, or discharge
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14513
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Stable record: federal_law:legal_authorities:record_usc_4c7d7ac923f7022666454c7b
Source file: Laws/federal/codes/united-states-code/title-10/section-14513-failure-of-selection-for-promotion-transfer-retirement-or-discharge--7e6d636a3e.md
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Passage SHA-256: 24ee799068d8d8271a0983946ee5abd9a1a02ac39744e408419d36343d23a9c0
Source location: Title 10, Chapter 1407, § 14513; chapter-1407-failure-of-selection-for-promotion-and-involuntary-separation.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
The Retired Reserve consists of the following Reserves:
(1) Reserves who are or have been retired under section 7311, 8323, or 9311 of this title or under section 291 11 See References in Text note below. of title 14.
(2) Reserves who have been transferred to the Retired Reserve, retain their status as Reserves, and are otherwise qualified.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10154
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Rule.—** A first lieutenant on the reserve active-status list of the Army, Air Force, or Marine Corps or a lieutenant (junior grade) on the reserve active-status list of the Navy who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall be separated in accordance with [section 14513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14513&num=0&edition=prelim) not later than the first day of the seventh month after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public.
**(b) Exceptions.—** Subsection (a) does not apply (1) in the case of an officer retained as provided by regulation of the Secretary of the military department concerned in order to meet planned mobilization needs for a period not in excess of 24 months beginning with the date on which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public, or (2) as provided in section 12646 or 12686 of this title.
**(c) Officers in Grade of First Lieutenant or Lieutenant (Junior Grade) Found Not Fully Qualified for Promotion.—** For the purposes of this chapter, an officer of the Army, Air Force, or Marine Corps on a reserve active-status list who holds the grade of first lieutenant, and an officer of the Navy on a reserve active-status list who holds the grade of lieutenant (junior grade), shall be treated as having failed of selection for promotion if the Secretary of the military department concerned determines that the officer would be eligible for consideration fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14504
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Federal law — U.S. Code and appendices · legal_authorities
Unless retained as provided in section 12646 or 12686 of this title, a captain on the reserve active-status list of the Army, Air Force, or Marine Corps or a lieutenant on the reserve active-status list of the Navy who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade and who has not been selected for continuation on the reserve active-status list under section 14701 or 14701a of this title, shall be separated in accordance with [section 14513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14513&num=0&edition=prelim) not later than the first day of the seventh month after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14505
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Federal law — U.S. Code and appendices · legal_authorities
Unless retained as provided in section 12646, 12686, 14701, 14701a, or 14702 of this title, each reserve officer of the Army, Navy, Air Force, or Marine Corps who holds the grade of major or lieutenant commander who has failed of selection to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall, if not earlier removed from the reserve active-status list, be removed from that list in accordance with [section 14513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14513&num=0&edition=prelim) on the later of (1) the first day of the month after the month in which the officer completes 20 years of commissioned service, or (2) the first day of the seventh month after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14506
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Consideration for Continuation.—**
(1)
(A) A reserve officer of the Army, Navy, Air Force, or Marine Corps described in subparagraph (B) who is required to be removed from the reserve active-status list under [section 14504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14504&num=0&edition=prelim), or a reserve officer of the Army, Navy, Air Force, or Marine Corps who is required to be removed from the reserve active-status list under section 14505, 14506, or 14507 of this title, may be considered for continuation on the reserve active-status list under regulations prescribed by the Secretary of Defense.
(B) A reserve officer covered by this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), and who—
(i) is a health professions officer; or
(ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree.
(C) The consideration of a reserve officer for continuation on the reserve active-status list pursuant to this paragraph is subject to the needs of the service and to [section 14509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14509&num=0&edition=prelim).
(2) A reserve officer who holds the grade of captain in the Army, Air Force, or Marine Corps or the grade of lieutenant in the Navy and who is subject to separation under [section 14513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14513&num=0&edition=prelim) may not be continued on the reserve active-status list under this subsection for a period which extends beyond the last day of
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14701
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Federal law — U.S. Code and appendices · legal_authorities
Page 3751
TITLE 10—ARMED FORCES
§ 14513
§ 14512. Separation at age 66: officers holding
certain offices
(a) ARMY AND AIR FORCE.—(1) Unless retired,
transferred to the Retired Reserve, or dis-
charged at an earlier date, a reserve officer of
the Army or Air Force who is specified in para-
graph (2) shall on the last day of the month in
which the officer becomes 66 years of age, be
separated in accordance with section 14515 of
this title.
(2) Paragraph (1) applies to a reserve officer of
the Army or Air Force who is any of the fol-
lowing:
(A) The Chief of the Army Reserve, Chief of
the Air Force Reserve, Director of the Army
National Guard, or Director of the Air Na-
tional Guard.
(B) An adjutant general.
(C) If a reserve officer of the Army, the com-
manding general of the troops of a State.
(b) NAVY
AND MARINE CORPS.—(1) The Sec-
retary of the Navy may defer the retirement
under section 14510 or 14511 of a reserve officer of
the Navy in a grade above captain or a reserve
officer of the Marine Corps in a grade above
colonel and retain the officer in an active status
until the officer becomes 66 years of age. Not
more than 10 officers may be so deferred at any
one time, distributed between the Navy Reserve
and the Marine Corps Reserve as the Secretary
determines.
(2) The Secretary of Defense may defer the re-
tirement of a reserve officer serving in the posi-
tion of Chief of the Navy Reserve or Commander
of
the
Marine
Forces
Reserve,
but
such
deferment may not extend beyond the first day
of the month following the month in which the
officer becomes 66 years of age. A deferment
under this paragraph shall not count toward the
limitation on the total number of officers whose
retirement may be deferred at any one time
under paragraph (1
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14513
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