10 U.S.C. § 14705 — Selective early retirement: reserve gen-

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 po- sition on the reserve active-status list is be- tween— (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 para- graph (1) may not include an officer who— (A) has been approved for voluntary retire- ment; 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 fol- lowing 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 accord- ance with section 14514 of this title. (d) REGULATIONS.—The Secretary of the mili- tary department concerned shall prescribe regu- lations for the administration of this section. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2956; amended Pub. L. 113–66, div. A, title V, § 503(b), Dec. 26, 2013, 127 Stat. 750.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3850 and 8850 of this title, prior to re- peal by Pub. L. 103–337, § 1629(a)(3), (c)(3). AMENDMENTS 2013—Subsec. (a). Pub. L. 113–66, § 503(b)(1), designated existing provisions as par. (1), substituted ‘‘officers on the reserve active-status list’’ for ‘‘all officers on that list’’ and ‘‘that list.’’ for ‘‘the reserve active-status list, in the number specified by the Secretary by each grade and competitive category.’’ in par. (1), and added pars. (2) and (3). Subsecs. (b) to (d). Pub. L. 113–66, § 503(b)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 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. § 14705. Selective early retirement: reserve gen- eral and flag officers of the Navy and Marine Corps (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 admi- ral 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 to recommend an appropriate number of officers for early re- tirement. (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. In doing so, however, the Secretary shall ensure that— (A) each regular commissioned officer ap- pointed 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 re- serve officer who holds the grade of rear admi- ral or major general. (c) SEPARATION UNDER SECTION 14514.—An offi- cer selected for early retirement under this sec- tion shall be separated in accordance with sec- tion 14514 of this title. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2957; amended Pub. L. 105–261, div. A, title V, § 515, Oct. 17, 1998, 112 Stat. 2008; Pub. L. 108–136, div. A, title V, § 511(b)(3), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 109–163, div. A, title V, § 515(b)(1)(VV), Jan. 6, 2006, 119 Stat. 3234.) 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-