
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12646]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
   CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
 
Sec. 12646. Commissioned officers: retention of after completing 
        18 or more, but less than 20, years of service
        
    (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 573, 1407, or 1409 of 
this title or chapter 21 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 573, 1407, or 1409 of 
this title or chapter 21 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 
6389, 14513, or 14514 of this title or section 740 of title 14, 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 
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 3911, 
    6323, or 8911 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.

(Added Pub. L. 85-861, Sec. 1(22)(B), Sept. 2, 1958, 72 Stat. 1444, 
Sec. 1006; amended Pub. L. 86-559, Sec. 1(3)(A), June 30, 1960, 74 Stat. 
264; Pub. L. 87-651, title I, Sec. 105, Sept. 7, 1962, 76 Stat. 508; 
Pub. L. 90-130, Sec. 1(4), Nov. 8, 1967, 81 Stat. 374; Pub. L. 93-586, 
Sec. 3, Jan. 2, 1975, 88 Stat. 1920; Pub. L. 96-322, Sec. 2, Aug. 4, 
1980, 94 Stat. 1015; Pub. L. 96-513, title V, Sec. 511(30), Dec. 12, 
1980, 94 Stat. 2922; renumbered Sec. 12646 and amended Pub. L. 103-337, 
div. A, title XVI, Secs. 1662(h)(2), 1675(d)(3), Oct. 5, 1994, 108 Stat. 
2996, 3018.)

                                          Historical and Revision Notes
                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1006(a)...............................  50:1195(a) (less last 30 words).     Se
pt. 3, 1954, ch. 1257, Secs.
                                        50:1195(b) (less last 30 words).      1
02(1) (as applicable to Sec.
1006(b)...............................  50:1227(c).                           2
05), 205, 307(c), 503(c), 68
                                        50:1333(c).                           S
tat. 1149, 1151, 1155, 1173; June
1006(c)...............................  50:1181(1) (as applicable to          3
0, 1955, ch. 247, Sec.  1(b), 69
                                         50:1195).                            S
tat. 218.
1006(d)...............................
                                        50:1195(a) (last 30 words).
                                        50:1195(b) (last 30 words).
1006(e)...............................  50:1195(c).
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---------------------------------

    In subsections (a) and (b), the words ``Notwithstanding any other 
provisions of this chapter, except as provided in sections 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 Act

    The 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 
sections 5(2) and 36A of the Act of September 2, 1958, Pub. L. 85-861 
(72 Stat. 1547 and 1569)).


                               Amendments

    1994--Pub. L. 103-337, Sec. 1662(h)(2), renumbered section 1006 of 
this title as this section.
    Subsecs. (a), (b). Pub. L. 103-337, Sec. 1675(d)(3)(B), substituted 
``573, 1407, or 1409'' for ``337, 361, 363, 573, 837, 861, or 863''.
    Pub. L. 103-337, Sec. 1675(d)(3)(A), substituted ``12732'' for 
``1332'' wherever appearing.
    Subsec. (e). Pub. L. 103-337, Sec. 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, Sec. 3(1), inserted 
reference to chapter 21 of title 14.
    Subsec. (c). Pub. L. 93-586, Sec. 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, Sec. 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 sections 
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 sections 
3849 and 8849 of this title.


                    Effective Date of 1994 Amendment

    Amendment by sections 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 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 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 14504, 14505, 14506, 14507 
of this title; title 14 sections 740, 741.
