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10 U.S.C. § 14514 — Discharge or retirement for years of service or after selection for early removal
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 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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Stable record: federal_law:legal_authorities:record_usc_c4e0d1cbcf50c96e43640ebb
Source file: Laws/federal/codes/united-states-code/title-10/section-14514-discharge-or-retirement-for-years-of-service-or-after-selection-for-earl--6f19eda016.md
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Passage SHA-256: 303b40b7ed5c97afff763ecf49541de3f0edb43fd6bdb6f4235f628d3ca1912b
Source location: Title 10, Chapter 1407, § 14514; 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 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
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) Lieutenant Colonels and Commanders.—** Unless continued on the reserve active-status list under section 14701, 14701a, or 14702 of this title or retained as provided in section 12646 or 12686 of this title, each reserve officer of the Army, Navy, Air Force, or Marine Corps who holds the grade of lieutenant colonel or commander and who 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 under [section 14514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim) on the first day of the month after the month in which the officer completes 28 years of commissioned service.
**(b) Colonels and Navy Captains.—** Unless continued on the reserve active-status list under section 14701, 14701a, or 14702 of this title or retained as provided in section 12646 or 12686 of this title, each reserve officer of the Army, Air Force, or Marine Corps who holds the grade of colonel, and each reserve officer of the Navy who holds the grade of captain, and who 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 under [section 14514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim) on the first day of the month after the month in which the officer completes 30 years of commissioned service. This subsection does not apply to the adjutant general or assistant adjutants general of a State.
**(c) Temporary Authority To Retain Certain Officers Designated as Judge Advocates.—**
(1) Notwithstanding the provisions of subsecti
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14507
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Thirty Years Service or Five Years in Grade for Brigadier Generals and Rear Admirals (Lower Half).—** Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of brigadier general who has not been recommended for promotion to the grade of major general, and each reserve officer of the Navy in the grade of rear admiral (lower half) who has not been recommended for promotion to rear admiral shall, 30 days after completion of 30 years of commissioned service or on the fifth anniversary of the date of the officer’s appointment in the grade of brigadier general or rear admiral (lower half), whichever is later, 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).
**(b) Thirty-Five Years Service or Five Years in Grade for Major Generals and Rear Admirals.—** Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of major general, and each reserve officer of the Navy in the grade of rear admiral, shall, 30 days after completion of 35 years of commissioned service or on the fifth anniversary of the date of the officer’s appointment in the grade of major general or rear admiral, whichever is later, 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).
**(c) Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals.—** Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the A
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14508
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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
**(a) Boards To Recommend Officers for Removal From Reserve Active-Status List.—**
(1) Whenever the Secretary of the military department 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14706&num=0&edition=prelim) or at least 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), the Secretary may 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 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 recommending 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 position on the reserve active-status list is between—
(A) that of the most junior officer in that grade and competitive category whose name is submitted to the board; and
(B) that of the most senior officer in that grade and competitive category whose name is submitted to the board.
(3) A list submitted to a board under paragraph (1) may not include an officer who—
(A) has been approved for voluntary retirement; or
(B) is to be invo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14704
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14705
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Federal law — U.S. Code and appendices · legal_authorities
Page 3752
TITLE 10—ARMED FORCES
§ 14514
§ 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 sta-
tus 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 offi-
cer is sooner separated or the officer’s separa-
tion 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 regula-
tions 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 re-
quested (in accordance with regulations pre-
scribed by the Secretary concerned) not to be
so transferred.
(Added Pub. L. 103–337, div. A, title XVI, § 1611,
Oct. 5, 1994, 108 Stat. 2953; amended Pub. L.
107–107, div. A, title V, § 517(c), Dec. 28, 2001, 115
Stat. 1094.)
Editorial Notes
AMENDMENTS
2001—Par. (1). Pub. L. 107–107, § 517(c)(1), substituted
‘‘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’’ for ‘‘, if the officer is qualified and
applies for such transfer’’.
Par. (2). Pub. L. 107–107, § 517(c)(2), added par. (2) and
struck out former par. (2) which read as follows: ‘‘if the
officer is not qualified or does not apply for such trans-
fer, be
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14514
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