Title 10 — Armed Forces

Part II · Chapter 1219 — Standards and Procedures for Retention and Promotion

§ 12646. Commissioned officers: retention of after completing 18 or more, but less than 20, years of service

Statutory text

If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service computed under section 12732 of this title, he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, without his consent before the earlier of the following dates—

the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or

the third anniversary of the date on which he would otherwise be discharged or transferred from an active status.

If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 19, but less than 20, years of service computed under section 12732 of this title, he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 ¹ of title 14, without his consent before the earlier of the following dates—

the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or

the second anniversary of the date on which he would otherwise be discharged or transferred from an active status.

An officer who is retained in an active status under subsection (a) or (b) is an additional number to those otherwise authorized.

Subsections (a) and (b) do not apply to—

officers who are discharged or transferred from an active status for physical disability, for cause, or because they have reached the age at which transfer from an active status or discharge is required by law; or

commissioned warrant officers.

A reserve commissioned officer on active duty (other than for training) or full-time National Guard duty (other than full-time National Guard duty for training only) who, on the date on which the officer would otherwise be removed from an active status under section 8373, 14513, or 14514 of this title or section 740 ¹ of title 14, is within two years of qualifying for retirement under section 7311, 8323, or 9311 of this title may, in the discretion of the Secretary concerned and subject to paragraph (2), be retained on that duty for a period of not more than two years.

An officer may be retained on active duty or full-time National Guard duty under paragraph (1) only if—

at the end of the period for which the officer is retained the officer will be qualified for retirement under section 7311, 8323, or 9311 of this title; and

the officer will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14.

An officer who is retained on active duty or full-time National Guard duty under this section may not be removed from an active status while on that duty.

Footnotes

1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1958
Pub. L. 85–861 § 1(22)(B) · 72 Stat. 1437
Enacted · 10 U.S.C. § 12646
Added Pub. L. 85–861, § 1(22)(B), Sept. 2, 1958, 72 Stat. 1444, § 1006
Source evidence
Code source credit
Added Pub. L. 85–861, § 1(22)(B), Sept. 2, 1958, 72 Stat. 1444, § 1006
Enacted provision · exact public law section
(1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”
1960
Pub. L. 86–559 § 1(3)(A) · 74 Stat. 264
Struck · 10 U.S.C. § 12646(e)
Pub. L. 86–559 struck out references to sections 3849 and 8849 of this title
Source evidence
Code amendment note
Subsec. (e). Pub. L. 86–559 struck out references to sections 3849 and 8849 of this title.
Enacted provision · exact public law section
(1) Section 123(a) is amended to read as follows: “(a) In time of war, or of national emergency declared by Congress, the President may suspend the operation of any provision of the following sections of this title with respect to any armed force: 281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence), 3353, 3354, 3359, 3360, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3375, 3378, 3380, 3382, 3383, 3384, 3385, 3386, 3388, 3389, 3390, 3391, 3392, 3393, 3494, 3571, 3819, 3820(c), 3843, 3844, 3845, 3846, 3847, 3848, 3850, 3851, 3852, 3853, 3854, 3855, 5414, 5457, 5458, 5506, 5600, 5665, 5867, 5891, 5892, 5893, 5894, 5895, 5896, 5897, 5898, 5899, 5900, 5901, 5902, 5903, 5904, 5905, 5906, 5907, 5908, 5909, 5910, 5911, 6389, 6391, 6397, 6403, 6410, 8217, 8218, 8219, 8353, 8354, 8358, 8359, 8360, 8361, 8362, 8363, 8365, 8366, 8367, 8368, 8370, 8371, 8372, 8373, 8374, 8375, 8376, 8377, 8378, 8379, 8380, 8381, 8392, 8393, 8494, 8571, 8819, 8843, 8844, 8845, 8846, 8847, 8848, 8850, 8851, 8852, 8853, and 8855.”
1962
Public Law not identified
Substituted · 10 U.S.C. § 12646(e)
Subsec. (e). Pub. L. 87—651 substituted “section 787 of title 14” for “section 1391 of title 50”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (e). Pub. L. 87—651 substituted “section 787 of title 14” for “section 1391 of title 50”.
1967
Pub. L. 90–130 § 1(4) · 81 Stat. 374
Struck · 10 U.S.C. § 12646(e)
Pub. L. 90–130 struck out references to sections 3847 and 8847 of this title
Source evidence
Code amendment note
Subsec. (e). Pub. L. 90–130 struck out references to sections 3847 and 8847 of this title.
Enacted provision · exact public law section
(1) Section 123 (a) is amended by striking out “3391,”.
1975
Pub. L. 93–586 § 3(1) · 88 Stat. 1920
Inserted · 10 U.S.C. § 12646(a); 10 U.S.C. § 12646(b)
Pub. L. 93–586, § 3(1), inserted reference to chapter 21 of title 14
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 93–586, § 3(1), inserted reference to chapter 21 of title 14.
Enacted provision · exact public law section
(1) by adding “or chapter 21 of title 14,” after “or 863 of this title” in subsections (a) and (b);
1975
Pub. L. 93–586 § 3(2) · 88 Stat. 1920
Substituted · 10 U.S.C. § 12646(c)
Pub. L. 93–586, § 3(2), substituted “An officer who is retained” for “An officer of the Army or the Air Force who is retained”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–586, § 3(2), substituted “An officer who is retained” for “An officer of the Army or the Air Force who is retained”.
Enacted provision · exact public law section
(2) by striking out “of the Army or the Air Force” in subsection (c); and
1975
Pub. L. 93–586 § 3(3) · 88 Stat. 1920
Substituted · 10 U.S.C. § 12646(e)
Pub. L. 93–586, § 3(3), substituted “discharge is required by this title or title 14” for “discharge is required by this title”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 93–586, § 3(3), substituted “discharge is required by this title or title 14” for “discharge is required by this title”.
Enacted provision · exact public law section
(3) by adding “or title 14” at the end of the first sentence in subsection (e).
1980
Pub. L. 96–322 § 2 · 94 Stat. 1002
Substituted · 10 U.S.C. § 12646(e)
Pub. L. 96–322 substituted “section 740 of title 14” for “section 787 of title 14”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–322 substituted “section 740 of title 14” for “section 787 of title 14”.
Enacted provision · exact public law section
Sec. 2. conforming amendment Subsection 1006(e) of title 10, United States Code is amended by striking out “787” in the first sentence and substituting “740”.
1980
Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 511(30) · 94 Stat. 2835
Substituted · 10 U.S.C. § 12646(e)
Pub. L. 96–513 substituted “Public Law 85–861” for “the Act enacting this section”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 96–513 substituted “Public Law 85–861” for “the Act enacting this section”.
Enacted provision · exact public law section
(30) Section 1006(e) is amended by striking out “the Act enacting this section” and inserting in lieu thereof “Public Law 85–861”.
1994
Reserve Officer Personnel Management Act
Pub. L. 103–337 § 1662(h)(2) · 108 Stat. 2663
Changed · 10 U.S.C. § 12646
Pub. L. 103–337, § 1662(h)(2), renumbered section 1006 of this title as this section
Source evidence
Code amendment note
Pub. L. 103–337, § 1662(h)(2), renumbered section 1006 of this title as this section.
Enacted provision · exact public law section
(2) Sections 1001, 1002, 266, 1004 (as amended by section 1661(b)(4)), and 1005 through 1007 are transferred (in that order) to chapter 1219, as added by paragraph (1), inserted after the table of sections, and redesignated as follows: Section Redesignated section 1001 12641 1002 12642 266 12643 1004 12644 1005 12645 1006 12646 1007 12647
1994
Reserve Officer Personnel Management Act
Pub. L. 103–337 § 1675(d)(3)(B) · 108 Stat. 2663
Substituted · 10 U.S.C. § 12646(a); 10 U.S.C. § 12646(b)
Pub. L. 103–337, § 1675(d)(3)(B), substituted “573, 1407, or 1409” for “337, 361, 363, 573, 837, 861, or 863”
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 103–337, § 1675(d)(3)(B), substituted “573, 1407, or 1409” for “337, 361, 363, 573, 837, 861, or 863”.
Enacted provision · exact public law section
(B) by striking out “chapter 337, 361, 363, 573, 837, 861, or 863” in subsections (a) and (b) and inserting in lieu thereof “chapter 573,1407, or 1409”; and
1994
Reserve Officer Personnel Management Act
Pub. L. 103–337 § 1675(d)(3)(A) · 108 Stat. 2663
Substituted · 10 U.S.C. § 12646(a); 10 U.S.C. § 12646(b)
Pub. L. 103–337, § 1675(d)(3)(A), substituted “12732” for “1332” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–337, § 1675(d)(3)(A), substituted “12732” for “1332” wherever appearing.
Enacted provision · exact public law section
(A) by striking out “section 1332” each place it appears in subsections (a) and (b) and inserting in lieu thereof “section 12732”;
1994
Reserve Officer Personnel Management Act
Pub. L. 103–337 § 1675(d)(3)(C) · 108 Stat. 2663
1. Added · 10 U.S.C. § 12646(e)
  Pub. L. 103–337, § 1675(d)(3)(C), added subsec. (e)
2. Struck · 10 U.S.C. § 12646(e)
  Pub. L. 103–337, § 1675(d)(3)(C), struck out former subsec. (e) which read as follows: “A reserve commissioned officer on active duty (other than for training) who, on the date on which he would otherwise be removed from an active status under section 3846, 3848, 3851, 3852, 6389, 6397, 6403, 6410, 8846, 8848, 8851, or 8852 of this title or section 740 of title 14, and who is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, may, in the discretion of the Secretary concerned, be retained on active duty for a period of not more than two years, if at the end of that period he will be qualified for retirement under one of those sections and will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14. An officer who is retained on active duty under this section may not be removed from an active status while he is on that duty. For officers covered by section 3846, 3848, 3851, or 3852 of this title, the ages at which transfer from an active status or discharge is required are those set forth in section 3843, 3844, or 3845 of this title, or section 21(e) of Public Law 85–861, as the case may be.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–337, § 1675(d)(3)(C), added subsec. (e) and struck out former subsec. (e) which read as follows: “A reserve commissioned officer on active duty (other than for training) who, on the date on which he would otherwise be removed from an active status under section 3846, 3848, 3851, 3852, 6389, 6397, 6403, 6410, 8846, 8848, 8851, or 8852 of this title or section 740 of title 14, and who is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, may, in the discretion of the Secretary concerned, be retained on active duty for a period of not more than two years, if at the end of that period he will be qualified for retirement under one of those sections and will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14. An officer who is retained on active duty under this section may not be removed from an active status while he is on that duty. For officers covered by section 3846, 3848, 3851, or 3852 of this title, the ages at which transfer from an active status or discharge is required are those set forth in section 3843, 3844, or 3845 of this title, or section 21(e) of Public Law 85–861, as the case may be.”
Enacted provision · exact public law section
(C) by striking out subsection (e) and inserting in lieu thereof the following: (1) A reserve commissioned officer on active duty (other than for training) or full-time National Guard duty (other than full-time National Guard duty for training only) who, on the date on which the officer would otherwise be removed from an active status under section 6389, 14513, or 14514 of this title or section 740 of title 14, is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title may, in the discretion of the Secretary concerned and subject to paragraph (2), be retained on that duty for a period of not more than two years. “(2) An officer may be retained on active duty or full-time National Guard duty under paragraph (1) only if— “(A) at the end of the period for which the officer is retained the officer will be qualified for retirement under section 3911, 6323, or 8911 of this title; and “(B) the officer will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14. “(3) An officer who is retained on active duty or full-time National Guard duty under this section may not be removed from an active status while on that duty.”.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 12646(a); 10 U.S.C. § 12646(b)
Pub. L. 115–232 substituted “under chapter 843,” for “under chapter 573,” in introductory provisions
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 115–232 substituted “under chapter 843,” for “under chapter 573,” in introductory provisions.
Enacted provision · exact public law section
(a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.
Effective date note
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 809(a) · 132 Stat. 1636
1. Substituted · 10 U.S.C. § 12646(e)(1)
  Pub. L. 115–232 substituted “under section 8373,” for “under section 6389,”
2. Substituted · 10 U.S.C. § 12646(e)(1)
  Pub. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 115–232 substituted “under section 8373,” for “under section 6389,” and “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.
Enacted provision · exact public law section
(a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.
Effective date note
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 12646(e)(2)(A)
Pub. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”
Source evidence
Code amendment note
Subsec. (e)(2)(A). Pub. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.
Enacted provision · exact public law section
(a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.
Effective date note
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

17 of 18 references resolved to an enrolled provision · 1 unresolved

Notes

historicalAndRevision

Historical and Revision Notes
1958 Act
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1006(a) 1006(b) 1006(c) 1006(d)	50:1195(a) (less last 30 words).50:1195(b) (less last 30 words).50:1227(c).50:1333(c).50:1181(1) (as applicable to 50:1195).	Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 205), 205, 307(c), 503(c), 68 Stat. 1149, 1151, 1155, 1173; June 30, 1955, ch. 247, § 1(b), 69 Stat. 218.
	50:1195(a) (last 30 words).
	50:1195(b) (last 30 words).
1006(e)	50:1195(c).

In subsections (a) and (b), the words “Notwithstanding any other provisions of this chapter, except as provided in sections 1265 and 1279 of this title” and “has been credited with, or” are omitted as surplusage. The words “entitled to be” in clause (1) are inserted for clarity.

In subsection (e), the words “at the end of that period” are substituted for the word “then” for clarity. The words “before the end of that period” are substituted for the word “earlier” for clarity.

1962 Act

The change reflects the repeal of section 611 of the Reserve Officer Personnel Act of 1954, ch. 1257 (68 Stat. 1186), formerly section 1391 of title 50, and its restatement in section 787 of title 14 (see sections 5(2) and 36A of the Act of September 2, 1958, Pub. L. 85–861 (72 Stat. 1547 and 1569)).

Editorial Notes

References in Text

Chapter 21 of title 14, referred to in subsecs. (a) and (b), was comprised of sections 701 to 713 and 720 to 746 prior to the renumbering of such sections as sections 3701 to 3714 and 3731 to 3757, respectively, of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233. After renumbering, such sections now comprise chapter 37 (designated as chapter “1” in chapter analysis) of title 14.

Section 740 of title 14, referred to in subsec. (e)(1), was redesignated section 3751 of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 740 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Amendments1960–2018 · 7 rounds

2018

Subsecs. (a), (b). Pub. L. 115–232 substituted “under chapter 843,” for “under chapter 573,” in introductory provisions.

Subsec. (e)(1). Pub. L. 115–232 substituted “under section 8373,” for “under section 6389,” and “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.

Subsec. (e)(2)(A). Pub. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.

1994

Pub. L. 103–337, § 1662(h)(2), renumbered section 1006 of this title as this section.

Subsecs. (a), (b). Pub. L. 103–337, § 1675(d)(3)(B), substituted “573, 1407, or 1409” for “337, 361, 363, 573, 837, 861, or 863”.

Pub. L. 103–337, § 1675(d)(3)(A), substituted “12732” for “1332” wherever appearing.

Subsec. (e). Pub. L. 103–337, § 1675(d)(3)(C), added subsec. (e) and struck out former subsec. (e) which read as follows: “A reserve commissioned officer on active duty (other than for training) who, on the date on which he would otherwise be removed from an active status under section 3846, 3848, 3851, 3852, 6389, 6397, 6403, 6410, 8846, 8848, 8851, or 8852 of this title or section 740 of title 14, and who is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, may, in the discretion of the Secretary concerned, be retained on active duty for a period of not more than two years, if at the end of that period he will be qualified for retirement under one of those sections and will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14. An officer who is retained on active duty under this section may not be removed from an active status while he is on that duty. For officers covered by section 3846, 3848, 3851, or 3852 of this title, the ages at which transfer from an active status or discharge is required are those set forth in section 3843, 3844, or 3845 of this title, or section 21(e) of Public Law 85–861, as the case may be.”

1980

Subsec. (e). Pub. L. 96–513 substituted “Public Law 85–861” for “the Act enacting this section”.

Pub. L. 96–322 substituted “section 740 of title 14” for “section 787 of title 14”.

1975

Subsecs. (a), (b). Pub. L. 93–586, § 3(1), inserted reference to chapter 21 of title 14.

Subsec. (c). Pub. L. 93–586, § 3(2), substituted “An officer who is retained” for “An officer of the Army or the Air Force who is retained”.

Subsec. (e). Pub. L. 93–586, § 3(3), substituted “discharge is required by this title or title 14” for “discharge is required by this title”.

1967

Subsec. (e). Pub. L. 90–130 struck out references to sections 3847 and 8847 of this title.

1962

Subsec. (e). Pub. L. 87—651 substituted “section 787 of title 14” for “section 1391 of title 50”.

1960

Subsec. (e). Pub. L. 86–559 struck out references to sections 3849 and 8849 of this title.

Statutory Notes and Related Subsidiaries

References to Sections of Title 14 as Redesignated by Pub. L. 115–282

Section 740 of title 14 redesignated section 3751 of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 740 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a note preceding section 101 of Title 14, Coast Guard.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1994 Amendment

Amendment by sections 1662(h)(2) and 1675(d)(3)(A) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1675(d)(3)(B), (C) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.