10 U.S. Code § 12646 - Commissioned officers: retention of after completing 18 or more, but less than 20, years of service
Historical and Revision Notes |
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1958 Act |
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Revised section |
Source (U.S. Code) |
Source (Statutes at Large) |
1006(a)
1006(b)
1006(c)
1006(d) |
50:1195(a) (less last 30 words). 50:1195(b) (less last 30 words). 50:1227(c). 50:1333(c). 50:1181(1) (as applicable to 50:1195). |
Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 205), 205, 307(c), 503(c), 68 Stat. 1149, 1151, 1155, 1173; June 30, 1955, ch. 247, § 1(b), 69 Stat. 218. |
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50:1195(a) (last 30 words). |
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50:1195(b) (last 30 words). |
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1006(e) |
50:1195(c). |
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.
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)).
Chapter 21 of title 14, referred to in subsecs. (a) and (b), was comprised of sections 701 to 713 and 720 to 746 prior to the renumbering of such sections as sections 3701 to 3714 and 3731 to 3757, respectively, of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233. After renumbering, such sections now comprise chapter 37 (designated as chapter “1” in chapter analysis) of title 14.
Section 740 of title 14, referred to in subsec. (e)(1), was redesignated section 3751 of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 740 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
2018—Subsecs. (a), (b). Pub. L. 115–232 substituted “under chapter 843,” for “under chapter 573,” in introductory provisions.
Subsec. (e)(1). Pub. L. 115–232 substituted “under section 8373,” for “under section 6389,” and “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.
Subsec. (e)(2)(A). Pub. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.
1994—Pub. L. 103–337, § 1662(h)(2), renumbered section 1006 of this title as this section.
Subsecs. (a), (b). Pub. L. 103–337, § 1675(d)(3)(B), substituted “573, 1407, or 1409” for “337, 361, 363, 573, 837, 861, or 863”.
Pub. L. 103–337, § 1675(d)(3)(A), substituted “12732” for “1332” wherever appearing.
Subsec. (e). Pub. L. 103–337, § 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, § 3(1), inserted reference to chapter 21 of title 14.
Subsec. (c). Pub. L. 93–586, § 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, § 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.
Section 740 of title 14 redesignated section 3751 of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 740 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a note preceding section 101 of Title 14, Coast Guard.
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
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 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.
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.