(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.
(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.
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).
2006—Subsec. (a). Pub. L. 109–163substituted “Navy Reserve” for “Naval Reserve”.
2003—Subsec. (b)(1). Pub. L. 108–136substituted “selection board” for “continuation board”.
1998—Subsec. (b). Pub. L. 105–261designated existing provisions as par. (1), inserted “of officers” after “consideration” and “continuation” after “shall convene a”, and added par. (2).
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Statutes at Large
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