
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: 10USC14705]

 
                         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. 14705. Selective early retirement: reserve general and flag 
        officers of the Navy and Marine Corps
        
    (a) Authority To Consider.--An officer in the Naval 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 continuation 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.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2957; amended Pub. L. 105-261, div. A, title V, Sec. 515, Oct. 17, 
1998, 112 Stat. 2008.)


                            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, 
Sec. 1628(4).


                               Amendments

    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).

                  Section Referred to in Other Sections

    This section is referred to in sections 14101, 14514 of this title.
