10 U.S.C. § 14706 — Computation of total years of service

Page 3757 TITLE 10—ARMED FORCES § 14902 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 6389(f)(3) of this title, prior to repeal by Pub. L. 103–337, § 1628(4). AMENDMENTS 2006—Subsec. (a). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 2003—Subsec. (b)(1). Pub. L. 108–136 substituted ‘‘se- lection board’’ for ‘‘continuation board’’. 1998—Subsec. (b). Pub. L. 105–261 designated existing provisions as par. (1), inserted ‘‘of officers’’ after ‘‘con- sideration’’ and ‘‘continuation’’ after ‘‘shall convene a’’, and added par. (2). 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. § 14706. Computation of total years of service (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 commis- sioned officer of a reserve component while in a program of advanced education to obtain the first professional degree required for appoint- ment, designation, or assignment to a profes- sional specialty, but only if that service oc- curs before the officer commences initial serv- ice 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 pre- ceding 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 spe- cialty if the officer is appointed or assigned to the Medical Corps, the Dental Corps, the Veteri- nary Corps, the Medical Service Corps, the Nurse Corps, or the Army Medical Specialists Corps or is designated as a chaplain or judge ad- vocate. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2957; amended Pub. L. 106–65, div. A, title V, § 515, Oct. 5, 1999, 113 Stat. 594.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3853 and 8853 of this title, prior to re- peal by Pub. L. 103–337, § 1629(a)(3), (c)(3). AMENDMENTS 1999—Pub. L. 106–65 amended text generally. Prior to amendment, text read as follows: ‘‘For the purpose of this chapter and chapter 1407 of this title, a reserve of- ficer’s years of service include all service, other than constructive service, of the officer as a commissioned officer of any uniformed service (other than service as a warrant 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. CHAPTER 1411—ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY SEPARATION Sec. 14901. Separation of chaplains for loss of profes- sional qualifications. 14902. Separation for substandard performance and for certain other reasons. 14903. Boards of inquiry. 14904. Rights and procedures. 14905. Officer considered for removal: retirement or discharge. 14906. Officers eligible to serve on boards. 14907. Army National Guard of the United States and Air National Guard of the United States: discharge and withdrawal of Federal recognition of officers absent without leave. § 14901. Separation of chaplains for loss of pro- fessional qualifications (a) SEPARATION.—Under regulations prescribed by the Secretary of Defense, an officer on the re- serve active-status list who is appointed or des- ignated as a chaplain may, if the officer fails to maintain the qualifications needed to perform the professional function of a chaplain, be dis- charged. The authority under the preceding sen- tence applies without regard to the provisions of section 12645 of this title. (b) EFFECT OF SEPARATION.—If an officer sepa- rated under this section is eligible for retire- ment, the officer may be retired. If the officer has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the officer may be transferred to the Retired Reserve. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2957.) 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. § 14902. Separation for substandard performance and for certain other reasons (a) SUBSTANDARD PERFORMANCE OF DUTY.—The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to determine whether that officer should be required, because that officer’s performance has fallen below standards prescribed by the Secretary concerned, to show cause for reten- tion in an active status. (b) MISCONDUCT, ETC.—The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to de-