PRIA, Government Policy, Made Personal

Summary

Navy Reserve officers on active duty who are rear admiral (lower half) or rear admiral, and Marine Corps Reserve officers on active duty who are brigadier general or major general, can be considered for early retirement when the Secretary of the Navy decides it is needed. If the Secretary decides to consider officers, the Secretary must set up a selection board under section 14101(b) to recommend how many should retire early. For boards looking at rear admirals or major generals, the Secretary may ignore section 14102(b) but must make sure each regular commissioned member on the board holds a higher rank than those being considered and at least one board member is a reserve officer who is a rear admiral or major general. Officers chosen for early retirement must be separated under section 14514.

Title 10, §14705

Armed Forces, Source: USLM XML via OLRC

(a)Authority To Consider.—

An officer in the Navy Reserve in an active status serving in the grade of rear admiral (lower half) or rear admiral and an officer in the Marine Corps Reserve in an active status serving in the grade of brigadier general or major general may be considered for early retirement whenever the Secretary of the Navy determines that such action is necessary.

(b)Boards.—

(1)If the Secretary of the Navy determines that consideration of officers for early retirement under this section is necessary, the Secretary shall convene a selection board under section 14101(b) of this title to recommend an appropriate number of officers for early retirement.

(2)In the case of such a board convened to consider officers in the grade of rear admiral or major general, the Secretary of the Navy may appoint the board without regard to section 14102(b) of this title. In doing so, however, the Secretary shall ensure that—

(A)each regular commissioned officer appointed to the board holds a grade higher than the grade of rear admiral or major general; and

(B)at least one member of the board is a reserve officer who holds the grade of rear admiral or major general.

(c)Separation Under section 14514.—

An officer selected for early retirement under this section shall be separated in accordance with section 14514 of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 6389(f)(3) of this title, prior to repeal by Pub. L. 103–337, § 1628(4).

Amendments

2006—Subsec. (a). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”. 2003—Subsec. (b)(1). Pub. L. 108–136 substituted “selection board” for “continuation board”. 1998—Subsec. (b). Pub. L. 105–261 designated existing provisions as par. (1), inserted “of officers” after “consideration” and “continuation” after “shall convene a”, and added par. (2).

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.

§14705 Selective Early Retirement: Reserve General and Flag Officers of the Navy and Marine Corps