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Title 10, Armed ForcesRelease 119-102

§14513 Failure of Selection for Promotion: Transfer, Retirement, or Discharge

Title 10 › Subtitle E — Reserve Components › PART III — PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › CHAPTER 1407 — FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION › § 14513

Last updated Aug 21, 2026|Official source

Summary

If a reserve officer of the Army, Navy, Air Force, or Marine Corps is on active status and must be removed under sections 14504, 14505, or 14506, then, unless their separation is delayed or they are kept active by another law, they must by the date those sections set either be moved to inactive status if the Secretary of their service decides their skills may be needed for mobilization, be moved to the Retired Reserve if they qualify and do not ask under the Secretary’s rules to avoid that transfer, or be discharged from their reserve appointment.

Full Legal Text

Title 10, §14513

Armed Forces, Source: USLM XML via OLRC

Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and whose removal from an active status or from a reserve active-status list is required by section 14504, 14505, or 14506 of this title shall (unless the officer’s separation is deferred or the officer is continued in an active status under another provision of law) not later than the date specified in those sections— (1)
(2)be transferred to the Retired Reserve 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; or
(3)if the officer is not transferred to an inactive status or to the Retired Reserve, be discharged from the officer’s reserve appointment.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2001—Pub. L. 107–107, § 517(b)(2)(A), substituted “Failure of selection for promotion: transfer, retirement, or discharge” for “Separation for failure of selection of promotion” in section catchline. Par. (2). Pub. L. 107–107, § 517(b)(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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2001 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 14513

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102