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10 U.S.C. § 14704 — Selective early removal from the reserve active-status list
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
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Stable record: federal_law:legal_authorities:record_usc_d10bd137622851e8665e2560
Source file: Laws/federal/codes/united-states-code/title-10/section-14704-selective-early-removal-from-the-reserve-active-status-list--bf36df7a13.md
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Source location: Title 10, Chapter 1409, § 14704; chapter-1409-continuation-of-officers-on-the-reserve-active-status-list-and-selective-early-removal.md
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**(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 involuntarily retired under any provision of law during the fiscal year in which the board is convened or during the following fiscal year.
**(b) Specification of Number of Officers Who May Be Recommended for Separation.—** The Secretary of the military department concerned shall specify the number of officers described in subsection (a)(1) that a board may recommend for separation under subsection (c).
**(c) Separation of Officers Selected.—** In the case of an officer recommended for separation in the report of a board under subsection (a), the Secretary may separate the officer in accordance with [section 14514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim).
**(d) Regulations.—** The Secretary of the military department concerned shall prescribe regulations for the administration of this section.
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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)** For the purpose of this chapter and chapter 1407 of this title, a Reserve officer’s years of service include all service of the officer as a commissioned officer of a uniformed service other than the following:
(1) Service as a warrant officer.
(2) Constructive service.
(3) Service after appointment as a commissioned officer of a reserve component while in a program of advanced education to obtain the first professional degree required for appointment, designation, or assignment to a professional specialty, but only if that service occurs before the officer commences initial service on active duty or initial service in the Ready Reserve in the specialty that results from such a degree.
**(b)** The exclusion under subsection (a)(3) does not apply to service performed by an officer who previously served on active duty or participated as a member of the Ready Reserve in other than a student status for the period of service preceding the member’s service in a student status.
**(c)** For purposes of subsection (a)(3), an officer shall be considered to be in a professional specialty if the officer is appointed or assigned to the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service Corps, the Nurse Corps, or the Army Medical Specialists Corps or is designated as a chaplain or judge advocate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14706
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14514
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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) 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
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. § 14704
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.