10 U.S.C. § 14905 — Officer considered for removal: retire-

Page 3759 TITLE 10—ARMED FORCES § 14907 118–159, div. A, title V, § 509(b), Dec. 23, 2024, 138 Stat. 1872.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(3). Pub. L. 118–159, § 509(b)(1), sub- stituted ‘‘subject to subsection (c), shall be’’ for ‘‘shall be’’. Subsec. (c). Pub. L. 118–159, § 509(b)(2), added subsec. (c). 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. § 14905. Officer considered for removal: retire- ment or discharge (a) VOLUNTARY RETIREMENT OR DISCHARGE.—At any time during proceedings under this chapter with respect to the removal of an officer from an active status, the Secretary of the military de- partment concerned may grant a request by the officer— (1) for voluntary retirement, if the officer is qualified for retirement; (2) for transfer to the Retired Reserve if the officer has completed the years of service re- quired for eligibility for retired pay under chapter 1223 of this title and is otherwise eligi- ble for transfer to the Retired Reserve; or (3) for discharge in accordance with sub- section (b)(3). (b) REQUIRED RETIREMENT OR DISCHARGE.—An officer removed from an active status under sec- tion 14903 of this title shall— (1) if eligible for voluntary retirement under any provision of law on the date of such re- moval, be retired in the grade and with the re- tired pay for which he would be eligible if re- tired under that provision; (2) if eligible for transfer to the Retired Re- serve and has completed the years of service required for retired pay under chapter 1223 of this title, be transferred to the Retired Re- serve; and (3) if ineligible for retirement or transfer to the Retired Reserve under paragraph (1) or (2) on the date of such removal— (A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of sec- tion 14902 of this title; or (B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 14902 of this title. (c) SEPARATION PAY.—An officer who is dis- charged under subsection (b)(3) is entitled, if eli- gible therefor, to separation pay under section 1174(c) of this title. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2959.) 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. § 14906. Officers eligible to serve on boards (a) COMPOSITION OF BOARDS.—Each board con- vened under this chapter shall consist of officers appointed as follows: (1) Each member of the board shall be an of- ficer of the same armed force as the officer being required to show cause for retention in an active status. (2) Each member of the board shall hold a grade above major or lieutenant commander, except that at least one member of the board shall hold a grade above lieutenant colonel or commander. (3) Each member of the board shall be senior in grade to any officer to be considered by the board. (b) LIMITATION.—A person may not be a mem- ber of more than one board convened under this chapter to consider the same officer. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2960; amended Pub. L. 106–65, div. A, title V, § 504(b), Oct. 5, 1999, 113 Stat. 591.) Editorial Notes AMENDMENTS 1999—Subsec. (a). Pub. L. 106–65 amended heading and text generally. Prior to amendment, text read as fol- lows: ‘‘(1) Each officer who serves on a board convened under this chapter shall be an officer of the same armed force as the officer being required to show cause for re- tention in an active status. ‘‘(2) An officer may not serve on a board under this chapter unless the officer holds a grade above lieuten- ant colonel or commander and is senior in grade and rank to any officer considered by the board.’’ 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. § 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 (a) AUTHORITY TO WITHDRAW FEDERAL REC- OGNITION.—If an officer of the Army National Guard of the United States or the Air National Guard of the United States has been absent without leave for three months, the Secretary of the Army or the Secretary of the Air Force, as appropriate, may— (1) terminate the reserve appointment of the officer; and (2) withdraw the officer’s Federal recogni- tion as an officer of the National Guard. (b) DISCHARGE FROM RESERVE APPOINTMENT.— An officer of the Army National Guard of the United States or the Air National Guard of the United States whose Federal recognition as an officer of the National Guard is withdrawn under section 323(b) of title 32 shall be discharged from the officer’s appointment as a reserve officer of the Army or the Air Force, as the case may be. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2960.)