14 U.S.C. § 3752: Retention boards; removal…

Summary

The Secretary may create a retention board to cut the number of Reserve officers in a grade or to keep promotions moving. The board can review officers in that grade with 18 or more years of service, except those on extended active duty, on a promotion select list, who will reach 30 years’ commissioned service by the next June 30, or who are age 59 or older. The board names a set number to remain on active status. Board members must be at least 50% Reserve, be senior to those reviewed, and try not to reuse members from the last board for that grade. If an officer is not kept, they may, under title 10 §12646, transfer to the Retired Reserve if eligible; otherwise the Secretary may place them on the inactive list or discharge them on the June 30 after the board report is approved. Section 2117 rules apply unless they conflict.

Title 14, §3752

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(a)Notwithstanding any other provision of this title, whenever the Secretary determines that it is necessary to reduce the number of Reserve officers in an active status in any grade to provide a steady flow of promotion, or that there is an excessive number of Reserve officers in an active status in any grade, the Secretary may appoint and convene a retention board to consider all of the Reserve officers in that grade in an active status who have 18 years or more of service for retirement, except those officers who—

(1)are on extended active duty;

(2)are on a list of selectees for promotion;

(3)will complete 30 years total commissioned service by June 30th following the date that the retention board is convened; or

(4)have reached age 59 by the date on which the retention board is convened.

The retention board shall select and recommend a specified number of the officers under consideration for retention in an active status.

(b)This board shall—

(1)to the extent practicable, consist of at least 50 per centum Reserve officers;

(2)consist only of officers who are senior in rank to any officers being considered by that board; and

(3)to the extent practicable, consist of officers who have not served on the last previous retention board which considered officers of the same grade.

(c)Subject to section 12646 of title 10, a Reserve officer who is not recommended for retention in an active status under this section shall be given an opportunity to transfer to the Retired Reserve, if qualified, but unless so transferred shall, in the discretion of the Secretary, be transferred to the inactive status list or discharged on June 30 next following the date on which the report of the retention board is approved.

(d)The provisions of section 2117 of this title shall, to the extent that they are not inconsistent with this subchapter, apply to boards convened under this section.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 787a of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.

Amendments

2018—Pub. L. 115–282, § 118(b), renumbered section 741 of this title as this section. Subsec. (d). Pub. L. 115–282, § 123(b)(2), substituted “section 2117” for “section 260”. 1996—Subsec. (c). Pub. L. 104–106 substituted “section 12646 of title 10” for “section 1006 of title 10”. 1994—Subsec. (b). Pub. L. 103–337, which directed amendment of subsec. (b) by substituting “section 12646 of title 10” for “section 1006 of title 10”, could not be executed because the words “section 1006 of title 10” did not appear in subsec. (b). 1993—Pub. L. 103–206 in subsec. (a) in first sentence substituted “, except those officers who—” and pars. (1) to (4) for “and are not on active duty and not on an approved list of selectees for promotion to the next higher grade”, realigned margin of second sentence, inserted “(b)” before “This board shall—” in third sentence and realigned margin, and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1989—Subsec. (a). Pub. L. 101–225 inserted “who have 18 years or more of service for retirement and are” before “not on active duty”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an

Effective Date

note under section 10001 of Title 10, Armed Forces.

§3752 Retention Boards; Removal From an Active Status to Provide a Flow of Promotion

Summary

Title 14, §3752

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata