10 U.S.C. § 14514 — Discharge or retirement for years of

Page 3752 TITLE 10—ARMED FORCES § 14514 § 14514. Discharge or retirement for years of service or after selection for early removal Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active sta- tus 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 offi- cer is sooner separated or the officer’s separa- tion 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 regula- tions 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 re- quested (in accordance with regulations pre- scribed by the Secretary concerned) not to be so transferred. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2953; amended Pub. L. 107–107, div. A, title V, § 517(c), Dec. 28, 2001, 115 Stat. 1094.) Editorial Notes AMENDMENTS 2001—Par. (1). Pub. L. 107–107, § 517(c)(1), substituted ‘‘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’’ for ‘‘, if the officer is qualified and applies for such transfer’’. Par. (2). Pub. L. 107–107, § 517(c)(2), added par. (2) and struck out former par. (2) which read as follows: ‘‘if the officer is not qualified or does not apply for such trans- fer, be discharged from the officer’s reserve appoint- ment.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–107 effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107–107, set out as a note under section 10154 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. § 14515. Discharge or retirement for age Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active sta- tus or on an inactive-status list and who reaches the maximum age specified in section 14509, 14510, 14511, or 14512 of this title for the officer’s grade or position shall (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) not later than the last day of the month in which the offi- cer reaches that maximum age— (1) be transferred to the Retired Reserve if the officer is qualified for such transfer and does not request (in accordance with regula- tions 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 re- quested (in accordance with regulations pre- scribed by the Secretary concerned) not to be so transferred. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2954; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(31), Feb. 10, 1996, 110 Stat. 498; Pub. L. 107–107, div. A, title V, § 517(d), Dec. 28, 2001, 115 Stat. 1095.) Editorial Notes AMENDMENTS 2001—Par. (1). Pub. L. 107–107, § 517(d)(1), substituted ‘‘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’’ for ‘‘, if the officer is qualified and applies for such transfer’’. Par. (2). Pub. L. 107–107, § 517(d)(2), added par. (2) and struck out former par. (2) which read as follows: ‘‘if the officer is not qualified or does not apply for transfer to the Retired Reserve, be discharged from the officer’s reserve appointment.’’ 1996—Pub. L. 104–106 substituted ‘‘inactive-status’’ for ‘‘inactive status’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–107 effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107–107, set out as a note under section 10154 of this title. 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. § 14516. Separation to be considered involuntary The separation of an officer pursuant to sec- tion 14513, 14514, or 14515 of this title shall be considered to be an involuntary separation for purposes of any other provision of law. (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. § 14517. Entitlement of officers discharged under this chapter to separation pay An officer who is discharged under section 14513, 14514, or 14515 of this title is entitled to separation pay under section 1174 of this title if otherwise eligible under that section.