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), Dec. 2, 2002, 116 Stat. 2540.) CHAPTER 1409—CONTINUATION OF OFFI- CERS ON THE RESERVE ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL Sec. 14701. Selection of officers for continuation on the reserve active-status list. 14701a. Continuation on reserve active-status list: of- ficers in certain military specialties and ca- reer tracks. 14702. Retention on reserve active-status list of cer- tain officers in the grade of major, lieuten- ant colonel, colonel, or brigadier general. 14703. Authority to retain chaplains and officers in medical specialties until specified age. 14704. Selective early removal from the reserve ac- tive-status list. 14705. Selective early retirement: reserve general and flag officers of the Navy and Marine Corps. 14706. Computation of total years of service. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. A, title V, § 513(b), Dec. 23, 2024, 138 Stat. 1876, added item 14701a. 2008—Pub. L. 110–417, [div. A], title V, § 514(c)(2), Oct. 14, 2008, 122 Stat. 4442, added item 14702 and struck out former item 14702 ‘‘Retention on reserve active-status list of certain officers until age 60’’. § 14701. Selection of officers for continuation on the reserve active-status list (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 ac- tive-status list under section 14504 of this title, or a reserve officer of the Army, Navy, Air Force, or Marine Corps who is required to be re- moved from the reserve active-status list under section 14505, 14506, or 14507 of this title, may be considered for continuation on the reserve ac- tive-status list under regulations prescribed by the Secretary of Defense. (B) A reserve officer covered by this subpara- graph 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 bacca- laureate 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. (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 may not be continued on the reserve active-status list under this subsection for a pe- riod 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 sub- ject to separation under section 14513 of this title may not be continued on the reserve ac- tive-status list under this subsection for a pe- riod 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 may not be continued on the reserve ac- tive-status list under this subsection for a pe- riod 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 may not be continued on the reserve ac- tive-status list under this subsection for a pe- riod 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 regula- tions prescribed under paragraph (1) but who de- Page 3754 TITLE 10—ARMED FORCES § 14701a clines 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 re- serve 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 sepa- rated under another provision of law) be sepa- rated 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 OF- FICERS.—(1) Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the re- serve 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 shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, un- less sooner retired or discharged under another provision of law. (2) The Secretary concerned may waive the ap- plicability 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 contin- ued 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 re- quired to be discharged or retired upon comple- tion of the officer’s service obligation. Such offi- cer 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 administra- tion of this section. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2954; amended Pub. L. 106–398, § 1 [[div. A], title V, § 522], Oct. 30, 2000, 114 Stat. 1654, 1654A–108; Pub. L. 108–136, div. A, title V, § 511(a), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 113–291, div. A, title V, § 511, Dec. 19, 2014, 128 Stat. 3357.) Editorial Notes AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–291, § 511(a), des- ignated existing provisions as subpar. (A), substituted ‘‘A reserve officer of the Army, Navy, Air Force, or Ma- rine Corps described in subparagraph (B) who is re- quired to be removed from the reserve active-status list under section 14504 of this title, or a reserve officer of’’ for ‘‘A reserve officer of’’ and ‘‘of this title, may’’ for ‘‘of this title may, subject to the needs of the service and to section 14509 of this title,’’, and added subpars. (B) and (C). Subsecs. (b), (c). Pub. L. 113–291, § 511(b), added subsec. (b) and redesignated former subsec. (b) as (c). 2003—Subsec. (a)(1). Pub. L. 108–136, § 511(a)(1)(A), sub- stituted ‘‘under regulations prescribed by the Secretary of Defense’’ for ‘‘by a selection board convened under section 14101(b) of this title’’. Subsec. (a)(6). Pub. L. 108–136, § 511(a)(1)(B), sub- stituted ‘‘under regulations prescribed under paragraph (1)’’ for ‘‘as a result of the convening of a selection board under section 14101(b) of this title’’. Subsecs. (b) to (d). Pub. L. 108–136, § 511(a)(2), (3), re- designated subsec. (d) as (b) and struck out former sub- secs. (b) and (c) which read as follows: ‘‘(b) APPROVAL OF SECRETARY CONCERNED.—Continu- ation of an officer on the reserve active-status list under this section pursuant to action of a continuation board convened under section 14101(b) of this title is subject to the approval of the Secretary of the military department concerned. ‘‘(c) INSTRUCTIONS TO CONTINUATION BOARDS.—A con- tinuation board convened under section 14101(b) of this title to consider officers for continuation on the re- serve active-status list under this section shall act in accordance with the instructions and directions pro- vided to the board by the Secretary of the military de- partment concerned.’’ 2000—Subsec. (a)(1). Pub. L. 106–398 substituted ‘‘A re- serve officer’’ for ‘‘Upon application, a reserve officer’’. 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. § 14701a. Continuation on reserve active-status list: officers in certain military specialties and career tracks (a) IN GENERAL.—The Secretary of the mili- tary department concerned may authorize a re- serve commissioned officer in a grade above O-2 to remain on the reserve active-status list after the date otherwise provided for the separation or retirement of the officer under section 14505, 14506, or 14507 of this title, as applicable, if the officer has a military occupational specialty, rating, or specialty code in a military specialty designated pursuant to subsection (b). (b) MILITARY SPECIALTIES.—The Secretary of a military department shall designate the mili- tary specialties in which a military occupa- tional specialty, rating, or specialty code, as ap- plicable, assigned to members of the armed forces under the jurisdiction of such Secretary authorizes the members to be eligible for con- tinuation on the reserve active-status list as provided in subsection (a). (c) DURATION OF CONTINUATION.—An officer continued on the reserve active-status list pur- suant to this section shall, if not earlier retired, transferred to the Retired Reserve, or dis- charged, be separated in accordance with section 14513 or 14514 of this title, as applicable, on the first day of the month after the month in which the officer completes 40 years of commissioned service. (d) REGULATIONS.—The Secretaries of the mili- tary departments shall carry out this section in accordance with regulations prescribed by the Secretary of Defense. The regulations shall specify the criteria to be used by the Secretaries of the military departments in designating mili- tary specialties for purposes of subsection (b). (Added Pub. L. 118–159, div. A, title V, § 513(a), Dec. 23, 2024, 138 Stat. 1876.)