
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: 10USC14701]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                               STATUS LIST
 
CHAPTER 1409--CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST 
                       AND SELECTIVE EARLY REMOVAL
 
Sec. 14701. Selection of officers for continuation on the 
        reserve active-status list
        
    (a) Consideration for Continuation.--(1) A reserve officer of the 
Army, Navy, Air Force, or Marine Corps who is required to be removed 
from the reserve active-status list under section 14505, 14506, or 14507 
of this title may, subject to the needs of the service and to section 
14509 of this title, be considered for continuation on the reserve 
active-status list by a selection board convened under section 14101(b) 
of this title.
    (2) A reserve officer who holds the grade of captain in the Army, 
Air Force, or Marine Corps or the grade of lieutenant in the Navy and 
who is subject to separation under section 14513 of this title may not 
be continued on the reserve active-status list under this subsection for 
a period which extends beyond the last day of the month in which the 
officer completes 20 years of commissioned service.
    (3) A reserve officer who holds the grade of major or lieutenant 
commander and who is subject to separation under section 14513 of this 
title may not be continued on the reserve active-status list under this 
subsection for a period which extends beyond the last day of the month 
in which the officer completes 24 years of commissioned service.
    (4) A reserve officer who holds the grade of lieutenant colonel or 
commander and who is subject to separation under section 14514 of this 
title may not be continued on the reserve active-status list under this 
subsection for a period which extends beyond the last day of the month 
in which the officer completes 33 years of commissioned service.
    (5) A reserve officer who holds the grade of colonel in the Army, 
Air Force, or Marine Corps or the grade of captain in the Navy and who 
is subject to separation under section 14514 of this title may not be 
continued on the reserve active-status list under this subsection for a 
period which extends beyond the last day of the month in which the 
officer completes 35 years of commissioned service.
    (6) An officer who is selected for continuation on the reserve 
active-status list as a result of the convening of a selection board 
under section 14101(b) of this title but who declines to continue on 
that list shall be separated in accordance with section 14513 or 14514 
of this title, as the case may be.
    (7) Each officer who is continued on the reserve active-status list 
under this section, who is not subsequently promoted or continued on the 
active-status list, and whose name is not on a list of officers 
recommended for promotion to the next higher grade shall (unless sooner 
separated under another provision of law) be separated in accordance 
with section 14513 or 14514 of this title, as appropriate, upon the 
expiration of the period for which the officer was continued on the 
reserve active-status list.
    (b) Approval of Secretary Concerned.--Continuation of an officer on 
the reserve active-status list under this section pursuant to action of 
a continuation board convened under section 14101(b) of this title is 
subject to the approval of the Secretary of the military department 
concerned.
    (c) Instructions To Continuation Boards.--A continuation board 
convened under section 14101(b) of this title to consider officers for 
continuation on the reserve active-status list under this section shall 
act in accordance with the instructions and directions provided to the 
board by the Secretary of the military department concerned.
    (d) Regulations.--The Secretary of Defense shall prescribe 
regulations for the administration of this section.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2954; amended Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 522], Oct. 30, 2000, 114 Stat. 1654, 1654A-108.)


                               Amendments

    2000--Subsec. (a)(1). Pub. L. 106-398 substituted ``A reserve 
officer'' for ``Upon application, a reserve officer''.


                             Effective Date

    Chapter 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 14101, 14505, 14506, 14507 
of this title.
