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10 U.S.C. § 14701 — Selection of officers for continuation on the reserve active-status list

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

10 U.S.C. § 14701 — Selection of officers for continuation on the reserve active-status list

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Stable record: federal_law:legal_authorities:record_usc_704bf2d341e4448d01bcd432
Source file: Laws/federal/codes/united-states-code/title-10/section-14701-selection-of-officers-for-continuation-on-the-reserve-active-status-list--501fa35da4.md
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Source location: Title 10, Chapter 1409, § 14701; chapter-1409-continuation-of-officers-on-the-reserve-active-status-list-and-selective-early-removal.md

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**(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 the month in which the officer completes 20 years of commissioned service. (3) A reserve officer who holds the grade of major or lieutenant commander 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 the month in which the officer completes 24 years of commissioned service. (4) A reserve officer who holds the grade of lieutenant colonel or commander and who is subject to separation under [section 14514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&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 the month in which the officer completes 33 years of commissioned service. (5) A reserve officer who holds the grade of colonel in the Army, Air Force, or Marine Corps or the grade of captain in the Navy and who is subject to separation under [section 14514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&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 the month in which the officer completes 35 years of commissioned service. (6) An officer who is selected for continuation on the reserve active-status list under regulations prescribed under paragraph (1) but who declines to continue on that list shall be separated in accordance with section 14513 or 14514 of this title, as the case may be. (7) Each officer who is continued on the reserve active-status list under this section, who is not subsequently promoted or continued on the active-status list, and whose name is not on a list of officers recommended for promotion to the next higher grade shall (unless sooner separated under another provision of law) be separated in accordance with section 14513 or 14514 of this title, as appropriate, upon the expiration of the period for which the officer was continued on the reserve active-status list. **(b) Continuation of Health Professions Officers.—** (1) Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under [section 16201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16201&num=0&edition=prelim) who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under [section 16201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16201&num=0&edition=prelim) shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law. (2) The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service. (3) A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law. **(c) Regulations.—** The Secretary of Defense shall prescribe regulations for the administration of this section.

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

10 U.S.C. § 14513 — Failure of selection for promotion: transfer, retirement, or discharge

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

10 U.S.C. § 16201 — Financial assistance: health-care professionals in reserve components

**(a) Establishment of Program.—** For the purpose of obtaining adequate numbers of commissioned officers in the reserve components who are qualified in health professions, the Secretary of each military department may establish and maintain a program to provide financial assistance under this chapter to persons engaged in training that leads to a degree in medicine or dentistry or training in a health professions specialty that is critically needed in wartime. Under such a program, the Secretary concerned may agree to pay a financial stipend to persons engaged in health care education and training in return for a commitment to subsequent service in the Selected Reserve of the Ready Reserve. **(b) Medical and Dental School Students.—** (1) Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who— (A) is eligible to be appointed as an officer in a reserve component; (B) is enrolled or has been accepted for enrollment in an institution in a course of study that results in a degree in medicine or dentistry; (C) signs an agreement that, unless sooner separated, the person will— (i) complete the educational phase of the program; (ii) accept a reappointment or redesignation within the person’s reserve component, if tendered, based upon the person’s health profession, following satisfactory completion of the educational and intern programs; and (iii) participate in a residency program; and (D) if required by regulations prescribed by the Secretary of Defense, agrees to apply for, if eligible, and accept, if offered, residency training in a health profession skill which has been designated by the Secretary of Defense as a critically needed wartime skill. (2) Under

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16201

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

10 U.S.C. § 14504 — Effect of failure of selection for promotion: reserve first lieutenants of the Army, Air Force, and Marine Corps and reserve lieutenants (junior grade) of the Navy

**(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

10 U.S.C. § 14509 — Separation at age 62: reserve officers in grades below brigadier general or rear admiral (lower half)

Each reserve officer of the Army, Navy, Air Force, or Marine Corps in a grade below brigadier general or rear admiral (lower half) who has not been recommended for promotion to the grade of brigadier general or rear admiral (lower half) and is not a member of the Retired Reserve shall, on the last day of the month in which that officer becomes 62 years of age, be separated in accordance with [section 14515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14515&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14509

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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. § 14501 — Failure of selection for promotion

**(a) Officers Below the Grade of Colonel or Navy Captain.—** An officer on the reserve active-status list in a grade below the grade of colonel or, in the case of an officer in the Navy Reserve, captain who is in or above the promotion zone established for that officer’s grade and competitive category and who (1) is considered but not recommended for promotion (other than by a vacancy promotion board), or (2) declines to accept a promotion for which selected (other than by a vacancy promotion board), shall be considered to have failed of selection for promotion. **(b) Officers Twice Failed of Selection.—** An officer shall be considered for all purposes to have twice failed of selection for promotion if any of the following applies: (1) The officer is considered but not recommended for promotion a second time by a mandatory promotion board convened under section 14101(a) or a special selection board convened under [section 14502(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502/a&num=0&edition=prelim). (2) The officer declines to accept a promotion for which recommended by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502(a) or 14502(b) of this title after previously failing of selection or after the officer’s name was removed from the report of a selection board under section 14111(b) or from a promotion list under [section 14310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14310&num=0&edition=prelim) after recommendation for promotion by an earlier selection board described in subsection (a). (3) The officer’s name has been removed from the report of a selection board under section 14111(b) or from a p

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

10 U.S.C. § 20261 — Selection of officers for continuation on the Space Force officer list

[Section 14701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14701&num=0&edition=prelim) shall apply in continuation or retention on the Space Force officer in the same manner as to continuation on the reserve active-status list.

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

10 U.S.C. § 14701 — Selection of officers for continuation on

Page 3753 TITLE 10—ARMED FORCES § 14701 (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2954.) 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. § 14518. Continuation of officers to complete dis- ciplinary action The Secretary concerned may delay the sepa- ration or retirement under this chapter of an of- ficer against whom an action has been com- menced with a view to trying the officer by court-martial. Any such delay may continue until the completion of the disciplinary action against the officer. (Added Pub. L. 106–65, div. A, title V, § 511(a), Oct. 5, 1999, 113 Stat. 592.) § 14519. Deferment of retirement or separation for medical reasons (a) AUTHORITY.—If, in the case of an officer re- quired to be retired or separated under this chapter or chapter 1409 of this title, the Sec- retary concerned determines that the evaluation of the physical condition of the officer and de- termination of the officer’s entitlement to re- tirement or separation for physical disability re- quire hospitalization or medical observation and that such hospitalization or medical observation cannot be completed with confidence in a man- ner consistent with the officer’s well being be- fore the date on which the officer would other- wise be required to retire or be separated, the Secretary may defer the retirement or separa- tion of the officer. (b) PERIOD OF DEFERMENT.—A deferral of re- tirement or separation under subsection (a) may not extend for more than 30 days after the com- pletion of the evaluation requiring hospitaliza- tion or medical observation. (Added Pub. L. 107–314, div. A, title V, § 522(a),

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