Title 10 — Armed ForcesRelease 119-73
§12646 Commissioned officers: retention of after completing 18 or more, but less than 20, years of service
Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1219— - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION › § 12646
Summary
Reserve commissioned officers who are about to be discharged or moved off active duty but have at least 18 years (but less than 20) of creditable service cannot be forced off active status under chapter 843, 1407, or 1409 of this title or chapter 21 of title 14 without their consent until the earlier of the date they reach 20 years of creditable service (as figured under section 12732) or the third anniversary of the date they would otherwise leave. If they have at least 19 but less than 20 years, the same rule applies except the limit is the second anniversary instead of the third. Officers kept under these rules count as extra to any limits on numbers. These rules do not apply if the officer is leaving for physical disability, for cause, because they hit a required age, or if the officer is a commissioned warrant officer. A reserve commissioned officer on active duty (not just for training) or on full‑time National Guard duty (not just for training) who, on the date they would otherwise be removed under sections 8373, 14513, or 14514 of this title or section 7401 of title 14, is within two years of qualifying for retirement under sections 7311, 8323, or 9311, may be kept on that duty up to two years at the Secretary’s discretion. The officer may only be kept if by the end of that period they will qualify for retirement and will not reach the mandatory separation age before then. An officer retained under this rule may not be removed while on that duty.
Full Legal Text
Title 10, §12646
Armed Forces — Source: USLM XML via OLRC
(a)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 11 See References in Text note below. of title 14, without his consent before the earlier of the following dates—
(1)the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or
(2)the third anniversary of the date on which he would otherwise be discharged or transferred from an active status.
(b)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—
(1)the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or
(2)the second anniversary of the date on which he would otherwise be discharged or transferred from an active status.
(c)An officer who is retained in an active status under subsection (a) or (b) is an additional number to those otherwise authorized.
(d)Subsections (a) and (b) do not apply to—
(1)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
(2)commissioned warrant officers.
(e)(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 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.
(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 7311, 8323, or 9311 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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
1958 Act Revised sectionSource (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 section 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 ActThe 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 section 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.
Amendments
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 section 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 section 3849 and 8849 of this title.
Statutory Notes and Related Subsidiaries
References to Sections of Title 14 as Redesignated by Pub. L. 115–282Section 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 AmendmentAmendment 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 AmendmentAmendment by section 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 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 12646
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73