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10 U.S.C. § 12646 — Commissioned officers: retention of after completing 18 or more, but less than 20, years of service
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 11 See References in Text note below. of title 14, without his consent before the earlier of the following dates—
(1) the date on which he is entitled to be credited with 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); or
(2) the third anniversary of the date on which he would otherwise be discharged or transferred from an active status.
**(b)** If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 19, but less than 20, years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, without his consent before the earlier of the following dates—
(1) the date on which he is entitled to be credited with 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); or
(2) the second anniversary of the date on which he would otherwise be dis
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Stable record: federal_law:legal_authorities:record_usc_5902656715a1b2a95cf39a81
Source file: Laws/federal/codes/united-states-code/title-10/section-12646-commissioned-officers-retention-of-after-completing-18-or-more-but-less--457485dcf5.md
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Source location: Title 10, Chapter 1219, § 12646; chapter-1219-standards-and-procedures-for-retention-and-promotion.md
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**(a)** If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 11 See References in Text note below. of title 14, without his consent before the earlier of the following dates—
(1) the date on which he is entitled to be credited with 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); or
(2) the third anniversary of the date on which he would otherwise be discharged or transferred from an active status.
**(b)** If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 19, but less than 20, years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, without his consent before the earlier of the following dates—
(1) the date on which he is entitled to be credited with 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim); or
(2) the second anniversary of the date on which he would otherwise be discharged or transferred from an active status.
**(c)** An officer who is retained in an active status under subsection (a) or (b) is an additional number to those otherwise authorized.
**(d)** Subsections (a) and (b) do not apply to—
(1) officers who are discharged or transferred from an active status for physical disability, for cause, or because they have reached the age at which transfer from an active status or discharge is required by law; or
(2) commissioned warrant officers.
**(e)**
(1) A reserve commissioned officer on active duty (other than for training) or full-time National Guard duty (other than full-time National Guard duty for training only) who, on the date on which the officer would otherwise be removed from an active status under section 8373, 14513, or 14514 of this title or section 740 1 of title 14, is within two years of qualifying for retirement under section 7311, 8323, or 9311 of this title may, in the discretion of the Secretary concerned and subject to paragraph (2), be retained on that duty for a period of not more than two years.
(2) An officer may be retained on active duty or full-time National Guard duty under paragraph (1) only if—
(A) at the end of the period for which the officer is retained the officer will be qualified for retirement under section 7311, 8323, or 9311 of this title; and
(B) the officer will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14.
(3) An officer who is retained on active duty or full-time National Guard duty under this section may not be removed from an active status while on that duty.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), the person’s years of service are computed by adding the following:
(1) The person’s years of service, before July 1, 1949, in the following:
(A) The armed forces.
(B) The federally recognized National Guard before June 15, 1933.
(C) A federally recognized status in the National Guard before June 15, 1933.
(D) The National Guard after June 14, 1933, if his service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, to the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air National Guard of the United States.
(E) The Navy Reserve Force.
(F) The Naval Militia that conformed to the standards prescribed by the Secretary of the Navy.
(G) The National Naval Volunteers.
(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Reserve of the Navy, as it existed at any time after February 2, 1901.
(I) The Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072).
(J) An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee—
(i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or
(ii) in the occupational therapy category, if the service was performed before appointment in the Army Nurse
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12732
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
The Coast Guard, established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary—
(1) may remove from an active status a Reserve officer who has twice failed of selection to the next higher grade; and
(2) shall remove from an active status a Reserve officer serving in the grade of captain who has completed thirty years of total commissioned service and whose name is not carried on an approved list of selectees for promotion to the grade of rear admiral (lower half).
**(b)** A Reserve officer who has twice failed of selection to the next higher grade and who is not removed from an active status under subsection (a)(1) of this section shall be retained for the period prescribed by the Secretary.
**(c)** Subject to [section 12646 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12646&num=0&edition=prelim), a Reserve officer who is removed from an active status under subsection (a) of 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 as follows:
(1) if removed from an active status under subsection (a)(1) of this section, on June 30 next following the approval date of the board report by virtue of which the officer’s second failure of selection occurs; or
(2) if removed from an active status under subsection (a)(2) of this section, on June 30 next following the date on which the officer completes thirty years of total commissioned service as computed under this section.
**(d)** For the purpose of this section, the total commissioned service of an officer who has served continuously in the Reserve following appointment in the grade of ensign shall be computed from the date on which that appointment to the Reserve was acc
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 3751
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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) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(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)** Subject to [section 12646 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12646&num=0&edition=prelim), 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 followin
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 3752
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1191, acts Sept. 3, 1954, ch. 1257, title II, § 201, 68 Stat. 1150; June 30, 1955, ch. 247, § 1(a), 69 Stat. 218, related to constructive service credit on initial appointment. See [section 12207 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12207&num=0&edition=prelim), Armed Forces, and [section 3738 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3738&num=0&edition=prelim), Coast Guard.
Section 1192, act Sept. 3, 1954, ch. 1257, title II, § 202, 68 Stat. 1150, related to eligibility for promotion and to standards and qualifications for active status. See sections 12642 and 14301 et seq. of Title 10, Armed Forces, and [section 3743 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3743&num=0&edition=prelim), Coast Guard.
Section 1193, act Sept. 3, 1954, ch. 1257, title II, § 203, 68 Stat. 1150, related to appointment, composition, duration of service, quorum, and oath of service of selection boards, and to communications by officers eligible for promotion. See section 14101 et seq. of Title 10, Armed Forces, and [section 3741 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3741&num=0&edition=prelim), Coast Guard.
Section 1194, act Sept. 3, 1954, ch. 1257, title II, § 204, 68 Stat. 1151, authorized retention of officers with incomplete reserve service. See [section 12645 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim), Armed Forces.
Section 1195, acts Sept. 3, 1954, ch. 1257, title II, § 205, 68 Stat. 1151; June 30, 1955, ch. 247, § 1(b), 69 Stat. 218, related to retention of officers with eighteen or more ye
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1191 to 1202
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Federal law — U.S. Code and appendices · legal_authorities
Page 3694
TITLE 10—ARMED FORCES
§ 12646
1 See References in Text note below.
XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see
section 1501(f)(3) of Pub. L. 104–106, set out as a note
under section 113 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by sections 1627 and 1675(d)(2) of Pub. L.
103–337 effective Oct. 1, 1996, see section 1691(b)(1) of
Pub. L. 103–337, set out as an Effective Date note under
section 10001 of this title.
§ 12646. Commissioned officers: retention of after
completing 18 or more, but less than 20,
years of service
(a) If on the date prescribed for the discharge
or transfer from an active status of a reserve
commissioned officer he is entitled to be cred-
ited with at least 18, but less than 19, years of
service computed under section 12732 of this
title, he may not be discharged or transferred
from an active status under chapter 843, 1407, or
1409 of this title or chapter 21 1 of title 14, with-
out his consent before the earlier of the fol-
lowing dates—
(1) the date on which he is entitled to be
credited with 20 years of service computed
under section 12732 of this title; or
(2) the third anniversary of the date on
which he would otherwise be discharged or
transferred from an active status.
(b) If on the date prescribed for the discharge
or transfer from an active status of a reserve
commissioned officer he is entitled to be cred-
ited with at least 19, but less than 20, years of
service computed under section 12732 of this
title, he may not be discharged or transferred
from an active status under chapter 843, 1407, or
1409 of this title or chapter 21 1 of title 14, with-
out his consent before the earlier of the fol-
lowing dates—
(1) the date on which he is entitled to be
credited with 20 years
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12646
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