10 U.S.C. § 12244 — Warrant officers: discharge or retirement

Page 3658 TITLE 10—ARMED FORCES § 12244 § 12244. Warrant officers: discharge or retirement for years of service or for age Each reserve warrant officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and has reached the maximum years of service or age prescribed by the Sec- retary concerned shall— (1) be transferred to the Retired Reserve if the warrant officer is qualified for such trans- fer and does not request (in accordance with regulations prescribed by the Secretary con- cerned) not to be transferred to the Retired Reserve; or (2) be discharged if the warrant officer is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred. (Added Pub. L. 107–107, div. A, title V, § 517(e)(1), Dec. 28, 2001, 115 Stat. 1095.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 an Effective Date of 2001 Amendment note under section 10154 of this title. CHAPTER 1209—ACTIVE DUTY Sec. 12301. Reserve components generally. 12302. Ready Reserve. 12303. Ready Reserve: members not assigned to, or participating satisfactorily in, units. 12304. Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency. 12304a. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency. 12304b. Selected Reserve: order to active duty for preplanned missions in support of the com- batant commands. 12305. Authority of President to suspend certain laws relating to promotion, retirement, and separation. 12306. Standby Reserve. 12307. Retired Reserve. 12308. Retention after becoming qualified for retired pay. 12309. Reserve officers: use of in expansion of armed forces. 12310. Reserves: for organizing, administering, etc., reserve components. 12311. Active duty agreements. 12312. Active duty agreements: release from duty. 12313. Reserves: release from active duty. 12314. Reserves: kinds of duty. 12315. Reserves: duty with or without pay. 12316. Payment of certain Reserves while on duty. 12317. Reserves: theological students; limitations. 12318. Reserves on active duty: duties; funding. 12319. Ready Reserve: muster duty. 12320. Reserve officers: grade in which ordered to active duty. 12321. Reserve Officer Training Corps units: limita- tion on number of Reserves assigned. 12322. Active duty for health care. 12323. Active duty pending line of duty determina- tion required for response to sexual assault. Editorial Notes AMENDMENTS 2013—Pub. L. 112–239, div. A, title V, § 571(b), Jan. 2, 2013, 126 Stat. 1753, added item 12323. 2011—Pub. L. 112–81, div. A, title V, §§ 515(a)(2), 516(a)(2), Dec. 31, 2011, 125 Stat. 1394, 1397, added items 12304a and 12304b. 1999—Pub. L. 106–65, div. A, title VII, § 705(a)(2), Oct. 5, 1999, 113 Stat. 683, added item 12322. 1997—Pub. L. 105–85, div. A, title V, § 511(e)(2), Nov. 18, 1997, 111 Stat. 1729, inserted ‘‘and certain Individual Ready Reserve members’’ after ‘‘Selected Reserve’’ in item 12304. 1996—Pub. L. 104–106, div. A, title XV, § 1501(b)(16), Feb. 10, 1996, 110 Stat. 496, substituted a semicolon for a colon in item 12304 and struck out ‘‘on active duty’’ after ‘‘Retention’’ in item 12308. § 12301. Reserve components generally (a) In time of war or of national emergency de- clared by Congress, or when otherwise author- ized by law, an authority designated by the Sec- retary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of that Secretary to active duty for the duration of the war or emergency and for six months thereafter. However a member on an inactive status list or in a retired status may not be ordered to active duty under this sub- section unless the Secretary concerned, with the approval of the Secretary of Defense in the case of the Secretary of a military department, de- termines that there are not enough qualified Re- serves in an active status or in the inactive Na- tional Guard in the required category who are readily available. (b) At any time, an authority designated by the Secretary concerned may, without the con- sent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, in an active status in a reserve component under the jurisdiction of that Sec- retary to active duty for not more than 15 days a year. However, units and members of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor of the State (or, in the case of the District of Co- lumbia National Guard, the commanding gen- eral of the District of Columbia National Guard). (c) So far as practicable, during any expansion of the active armed forces that requires that units and members of the reserve components be ordered to active duty as provided in subsection (a), members of units organized and trained to serve as units who are ordered to that duty without their consent shall be so ordered with their units. However, members of those units may be reassigned after being so ordered to ac- tive duty. (d) At any time, an authority designated by the Secretary concerned may order a member of a reserve component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member. However, a member of the Army National Guard of the United States or the Air National Guard of the United