10 U.S.C. § 14507 — Removal from the reserve active-status

Page 3748 TITLE 10—ARMED FORCES § 14507 list in accordance with section 14513 of this title on the later of (1) the first day of the month after the month in which the officer completes 20 years of commissioned service, or (2) the first day of the seventh month after the month in which the Secretary concerned releases the pro- motion results of the board which considered the officer for the second time to the public. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2951; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(29), Feb. 10, 1996, 110 Stat. 498; Pub. L. 106–65, div. A, title V, § 514(a), Oct. 5, 1999, 113 Stat. 593; Pub. L. 118–159, div. A, title V, §§ 505(b)(6), 513(c)(3), Dec. 23, 2024, 138 Stat. 1870, 1876.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, § 513(c)(3), inserted ‘‘14701a,’’ after ‘‘14701,’’. Pub. L. 118–159, § 505(b)(6), substituted ‘‘the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public’’ for ‘‘the President approves the report of the board which considered the officer for the second time’’. 1999—Pub. L. 106–65 inserted ‘‘the later of (1)’’ after ‘‘in accordance with section 14513 of this title on’’ and ‘‘, or (2) the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time’’ before the period at end. 1996—Pub. L. 104–106 inserted comma after ‘‘Force’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–65, div. A, title V, § 514(b), Oct. 5, 1999, 113 Stat. 593, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to removals of reserve officers from reserve ac- tive-status lists under section 14506 of title 10, United States Code, on or after the date of the enactment of this Act [Oct. 5, 1999].’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. 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. § 14507. Removal from the reserve active-status list for years of service: reserve lieutenant colonels and colonels of the Army, Air Force, and Marine Corps and reserve commanders and captains of the Navy (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 com- mander and who is not on a list of officers rec- ommended for promotion to the next higher grade shall (if not earlier removed from the re- serve active-status list) be removed from that list under section 14514 of this title on the first day of the month after the month in which the officer completes 28 years of commissioned serv- ice. (b) COLONELS AND NAVY CAPTAINS.—Unless continued on the reserve active-status list under section 14701, 14701a, or 14702 of this title or re- tained 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 re- moved from the reserve active-status list) be re- moved from that list under section 14514 of this title 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 adju- tants general of a State. (c) TEMPORARY AUTHORITY TO RETAIN CERTAIN OFFICERS DESIGNATED AS JUDGE ADVOCATES.—(1) Notwithstanding the provisions of subsections (a) and (b), the Secretary of the Air Force may retain on the reserve active-status list any re- serve officer of the Air Force who is designated as a judge advocate and who obtained the first professional degree in law while on an edu- cational delay program subsequent to being commissioned through the Reserve Officers’ Training Corps. (2) No more than 50 officers may be retained on the reserve active-status list under the au- thority of paragraph (1) at any time. (3) No officer may be retained on the reserve active-status list under the authority of para- graph (1) for a period exceeding three years from the date on which, but for that authority, that officer would have been removed from the re- serve active-status list under subsection (a) or (b). (4) The authority of the Secretary of the Air Force under paragraph (1) expires on September 30, 2003. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2951; amended Pub. L. 104–201, div. A, title V, § 508(a), Sept. 23, 1996, 110 Stat. 2513; Pub. L. 118–159, div. A, title V, § 513(c)(4), Dec. 23, 2024, 138 Stat. 1876.) Editorial Notes AMENDMENTS 2024—Subsecs. (a), (b). Pub. L. 118–159 inserted ‘‘, 14701a,’’ after ‘‘14701’’. 1996—Subsec. (c). Pub. L. 104–201 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–201, div. A, title V, § 508(b), Sept. 23, 1996, 110 Stat. 2513, provided that: ‘‘Subsection (c) of section 14507 of title 10, United States Code, as added by sub- section (a), shall take effect on October 1, 1996.’’ 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. Page 3749 TITLE 10—ARMED FORCES § 14508 § 14508. Removal from the reserve active-status list for years of service: reserve general and flag officers (a) THIRTY YEARS SERVICE OR FIVE YEARS IN GRADE FOR BRIGADIER GENERALS AND REAR AD- MIRALS (LOWER HALF).—Unless retired, trans- ferred 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 briga- dier 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 rec- ommended for promotion to rear admiral shall, 30 days after completion of 30 years of commis- sioned 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. (b) THIRTY-FIVE YEARS SERVICE OR FIVE YEARS IN GRADE FOR MAJOR GENERALS AND REAR ADMI- RALS.—Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Ma- rine 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 appoint- ment in the grade of major general or rear admi- ral, whichever is later, be separated in accord- ance with section 14514 of this title. (c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEU- TENANT GENERALS AND VICE ADMIRALS.—Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve offi- cer of the Army, Air Force, or Marine Corps in the grade of lieutenant general and each reserve officer of the Navy in the grade of vice admiral shall be separated in accordance with section 14514 of this title on the later of the following: (1) 30 days after completion of 38 years of commissioned service. (2) The fifth anniversary of the date of the officer’s appointment in the grade of lieuten- ant general or vice admiral. (d) FORTY YEARS OF SERVICE FOR GENERALS AND 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 general and each reserve officer of the Navy in the grade of admiral shall be separated in accordance with section 14514 of this title on the first day of the first month beginning after the date of the fifth anniversary of the officer’s appointment to that grade or 30 days after the date on which the offi- cer completes 40 years of commissioned service, whichever is later. (e) RETENTION OF BRIGADIER GENERALS.—A re- serve officer of the Army or Air Force in the grade of brigadier general who would otherwise be removed from an active status under sub- section (a) may, in the discretion of the Sec- retary of the Army or the Secretary of the Air Force, as the case may be, be retained in an ac- tive status, but not later than the last day of the month in which the officer becomes 62 years of age. Not more than 10 officers of the Army and not more than 10 officers of the Air Force may be retained under this subsection at any one time. (f) RETENTION OF MAJOR GENERALS.—A reserve officer of the Army or Air Force in the grade of major general who would otherwise be removed from an active status under subsection (b) may, in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the date on which the officer becomes 64 years of age. Not more than 10 officers of the Army and not more than 10 officers of the Air Force may be retained under this subsection at any one time. (g) RETENTION OF LIEUTENANT GENERALS.—A reserve officer of the Army or Air Force in the grade of lieutenant general who would otherwise be removed from an active status under sub- section (c) may, in the discretion of the Sec- retary of the Army or the Secretary of the Air Force, as the case may be, be retained in an ac- tive status, but not later than the date on which the officer becomes 66 years of age. (h) EXCEPTION FOR STATE ADJUTANTS GENERAL AND ASSISTANT ADJUTANTS GENERAL.—This sec- tion does not apply to an officer who is the adju- tant general or assistant adjutant general of a State. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2951; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(30), Feb. 10, 1996, 110 Stat. 498; Pub. L. 105–85, div. A, title V, § 521(b), Nov. 18, 1997, 111 Stat. 1734; Pub. L. 109–364, div. A, title V, § 503(e), Oct. 17, 2006, 120 Stat. 2178; Pub. L. 110–181, div. A, title V, § 513, title XVIII, § 1825(c)(1), Jan. 28, 2008, 122 Stat. 99, 502; Pub. L. 110–417, [div. A], title V, § 515, Oct. 14, 2008, 122 Stat. 4442.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3851, 3852, 6389(f)(1), (2), 8851, and 8852 of this title, prior to repeal by Pub. L. 103–337, §§ 1628(4), 1629(a)(3), (c)(3). AMENDMENTS 2008—Subsec. (a). Pub. L. 110–181, § 513(b)(1), inserted ‘‘FOR BRIGADIER GENERALS AND REAR ADMIRALS (LOWER HALF)’’ after ‘‘GRADE’’ in heading. Subsec. (b). Pub. L. 110–181, § 513(b)(2), inserted ‘‘FOR MAJOR GENERALS AND REAR ADMIRALS’’ after ‘‘GRADE’’ in heading. Subsec. (c). Pub. L. 110–181, § 513(a)(2), added subsec. (c). Former subsec. (c) redesignated (e). Subsec. (d). Pub. L. 110–181, § 1825(c)(1), added subsec. (d). Former subsec. (d) redesignated (f). Pub. L. 110–181, § 513(a)(1), redesignated subsec. (d) as (f). Subsecs. (e) and (f). Pub. L. 110–181, § 513(a)(1), redesig- nated subsecs. (c) and (d) as (e) and (f), respectively. Subsec. (g). Pub. L. 110–417, § 515(2), added subsec. (g). Former subsec. (g) redesignated (h). Pub. L. 110–181, § 513(a)(1), redesignated subsec. (e) as (g). Subsec. (h). Pub. L. 110–417, § 515(1), redesignated sub- sec. (g) as (h). 2006—Subsec. (c). Pub. L. 109–364, § 503(e)(1), sub- stituted ‘‘62’’ for ‘‘60’’. Subsec. (d). Pub. L. 109–364, § 503(e)(2), substituted ‘‘64’’ for ‘‘62’’. 1997—Subsec. (c). Pub. L. 105–85 substituted ‘‘not later than the last day of the month in which the officer be-