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10 U.S.C. § 14705 — Selective early retirement: reserve general and flag officers of the Navy and Marine Corps

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

10 U.S.C. § 14705 — Selective early retirement: reserve general and flag officers of the Navy and Marine Corps

**(a) Authority To Consider.—** An officer in the Navy Reserve in an active status serving in the grade of rear admiral (lower half) or rear admiral and an officer in the Marine Corps Reserve in an active status serving in the grade of brigadier general or major general may be considered for early retirement whenever the Secretary of the Navy determines that such action is necessary. **(b) Boards.—** (1) If the Secretary of the Navy determines that consideration of officers for early retirement under this section is necessary, the Secretary shall convene a selection board under [section 14101(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/b&num=0&edition=prelim) to recommend an appropriate number of officers for early retirement. (2) In the case of such a board convened to consider officers in the grade of rear admiral or major general, the Secretary of the Navy may appoint the board without regard to [section 14102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14102/b&num=0&edition=prelim). In doing so, however, the Secretary shall ensure that— (A) each regular commissioned officer appointed to the board holds a grade higher than the grade of rear admiral or major general; and (B) at least one member of the board is a reserve officer who holds the grade of rear admiral or major general. **(c) Separation Under Section 14514.—** An officer selected for early retirement under this section shall be separated in accordance with [section 14514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_6da423382ded1095fc32384a
Source file: Laws/federal/codes/united-states-code/title-10/section-14705-selective-early-retirement-reserve-general-and-flag-officers-of-the-navy--2624b1c224.md
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Source location: Title 10, Chapter 1409, § 14705; chapter-1409-continuation-of-officers-on-the-reserve-active-status-list-and-selective-early-removal.md

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**(a) Authority To Consider.—** An officer in the Navy Reserve in an active status serving in the grade of rear admiral (lower half) or rear admiral and an officer in the Marine Corps Reserve in an active status serving in the grade of brigadier general or major general may be considered for early retirement whenever the Secretary of the Navy determines that such action is necessary. **(b) Boards.—** (1) If the Secretary of the Navy determines that consideration of officers for early retirement under this section is necessary, the Secretary shall convene a selection board under [section 14101(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/b&num=0&edition=prelim) to recommend an appropriate number of officers for early retirement. (2) In the case of such a board convened to consider officers in the grade of rear admiral or major general, the Secretary of the Navy may appoint the board without regard to [section 14102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14102/b&num=0&edition=prelim). In doing so, however, the Secretary shall ensure that— (A) each regular commissioned officer appointed to the board holds a grade higher than the grade of rear admiral or major general; and (B) at least one member of the board is a reserve officer who holds the grade of rear admiral or major general. **(c) Separation Under Section 14514.—** An officer selected for early retirement under this section shall be separated in accordance with [section 14514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim).

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

10 U.S.C. § 14514 — Discharge or retirement for years of service or after selection for early removal

Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and who is required to be removed from an active status or from a reserve active-status list, as the case may be, under section 14507, 14508, 14704, or 14705 of this title (unless the officer is sooner separated or the officer’s separation is deferred or the officer is continued in an active status under another provision of law), in accordance with those sections, shall— (1) 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 (2) be discharged from the officer’s reserve appointment if the officer is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred.

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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. § 14101 — Convening of selection boards

**(a) Promotion Boards.—** (1) Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned shall convene a selection board to recommend for promotion to the next higher grade, under chapter 1405 of this title, officers on the reserve active-status list of that armed force in a permanent grade from first lieutenant through brigadier general or, in the case of the Navy Reserve, lieutenant (junior grade) through rear admiral (lower half). A selection board convened under this subsection shall be known as a “promotion board”. (2) A promotion board convened to recommend reserve officers of the Army or reserve officers of the Air Force for promotion (A) to fill a position vacancy under [section 14315 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14315&num=0&edition=prelim), or (B) to the grade of brigadier general or major general, shall be known as a “vacancy promotion board”. Any other promotion board convened under this subsection shall be known as a “mandatory promotion board”. (3) Paragraph (1) does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 14308(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/b/4&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion. **(b) Selective Early Separation Boards.—** Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned may convene a selection board to recommend officers of that armed force— (1) f

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14101

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

10 U.S.C. § 14705 — Selective early retirement: reserve gen-

Page 3756 TITLE 10—ARMED FORCES § 14704 sciences officer, or chaplain.’’ for ‘‘veterinary officer, Air Force nurse, or chaplain or who is designated as a biomedical sciences officer and is qualified for service as a veterinarian, optometrist, or podiatrist.’’ 1999—Subsec. (b). Pub. L. 106–65 struck out ‘‘(or, in the case of a reserve officer of the Army in the Chap- lains or a reserve officer of the Air Force designated as a chaplain, 60 years of age)’’ after ‘‘67 years of age’’. 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. § 14704. Selective early removal from the reserve active-status list (a) BOARDS TO RECOMMEND OFFICERS FOR RE- MOVAL FROM RESERVE ACTIVE-STATUS LIST.—(1) Whenever the Secretary of the military depart- ment 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 com- puted under section 12732 of this title, the Sec- retary may convene a selection board under sec- tion 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 rec- ommending 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

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14705

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