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10 U.S.C. § 12108 — Enlisted members: discharge or retirement for years of service or for age
Federal law — U.S. Code and appendices · legal_authorities
Each reserve enlisted member of the Army, Navy, Air Force, or Marine Corps who is in an active status and has reached the maximum years of service or age prescribed by the Secretary concerned shall—
(1) be transferred to the Retired Reserve if the member 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 if the member 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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Source file: Laws/federal/codes/united-states-code/title-10/section-12108-enlisted-members-discharge-or-retirement-for-years-of-service-or-for-age--de6d14b6a6.md
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Source location: Title 10, Chapter 1203, § 12108; chapter-1203-enlisted-members.md
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Each reserve enlisted member of the Army, Navy, Air Force, or Marine Corps who is in an active status and has reached the maximum years of service or age prescribed by the Secretary concerned shall—
(1) be transferred to the Retired Reserve if the member 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 if the member 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
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
Page 3644
TITLE 10—ARMED FORCES
§ 12106
Army, if transferred under subsection (a)(1), or
the Air Force, if transferred under subsection
(a)(2), if his service has been honorable.
(c) A transfer under this section may only be
made with the consent of the governor or other
appropriate authority of the State concerned.
(Added Pub. L. 103–337, div. A, title XVI,
§ 1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in sections 3259 and 8259 of this title, prior to re-
peal by Pub. L. 103–337, § 1662(b)(3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 1, 1994, except as otherwise pro-
vided, see section 1691 of Pub. L. 103–337, set out as a
note under section 10001 of this title.
§ 12106. Army and Air Force Reserve: transfer to
upon withdrawal as member of National
Guard
(a) An enlisted member of the Army National
Guard of the United States who ceases to be a
member of the Army National Guard becomes a
member of the Army Reserve unless he is also
discharged from his enlistment as a Reserve.
(b) An enlisted member of the Air National
Guard of the United States who ceases to be a
member of the Air National Guard becomes a
member of the Air Force Reserve unless he is
also discharged from his enlistment as a Re-
serve.
(c) An enlisted member who becomes a mem-
ber of the Army Reserve or the Air Force Re-
serve under this section ceases to be a member
of the Army National Guard of the United
States or the Air National Guard of the United
States, as the case may be.
(Added Pub. L. 103–337, div. A, title XVI,
§ 1662(b)(1), Oct. 5, 1994, 108 Stat. 2989.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section wer
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12108
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.