PRIA, Government Policy, Made Personal

Summary

Allows the military department Secretary, with the officer’s agreement, to keep certain officers on the reserve active-status list even if other rules would make them leave. This applies to majors, lieutenant colonels, colonels, and brigadier generals who are either Army National Guard officers assigned to a State headquarters or reserve Army/Air Force officers who must stay in the Selected Reserve to keep a technician job. They may stay only while they meet those conditions and not after the last day of the month they turn 62.

Title 10, §14702

Armed Forces, Source: USLM XML via OLRC

(a)Retention.—

Notwithstanding the provisions of section 14506, 14507, or 14508 of this title, the Secretary of the military department concerned may, with the officer’s consent, retain on the reserve active-status list an officer in the grade of major, lieutenant colonel, colonel, or brigadier general who is—

(1)an officer of the Army National Guard of the United States and assigned to a headquarters or headquarters detachment of a State; or

(2)a reserve officer of the Army or Air Force who, as a condition of continued employment as a National Guard or Reserve technician is required by the Secretary concerned to maintain membership in a Selected Reserve unit or organization.

(b)Separation for Age.—

An officer may be retained under this section only so long as the officer continues to meet the conditions of paragraph (1) or (2) of subsection (a). An officer described in paragraph (1) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 62 years of age. An officer described in paragraph (2) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 62 years of age.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (b). Pub. L. 118–159 substituted “62” for “60”. 2008—Pub. L. 110–417, § 514(c)(1), amended section catchline generally. Prior to amendment, catchline read as follows: “Retention on reserve active-status list of certain officers until age 60”. Subsec. (b). Pub. L. 110–417, § 514(b), in heading, substituted “for Age” for “at Age 60” and, in text, substituted “paragraph (1) or (2) of subsection (a)” for “subsection (a)(1) or (a)(2)” and “An officer described in paragraph (1) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 62 years of age. An officer described in paragraph (2) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 60 years of age.” for “An officer may not be retained under this section after the last day of the month in which the officer becomes 60 years of age.” 1997—Subsec. (a). Pub. L. 105–85, in introductory provisions, substituted “section 14506, 14507, or 14508” for “section 14506 or 14507” and “colonel, or brigadier general” for “or colonel”.

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.

§14702 Retention on Reserve Active-status List of Certain Officers in the Grade of Major, Lieutenant Colonel, Colonel, or Brigadier General