10 U.S. Code § 14515 - Discharge or retirement for age
Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status or on an inactive-status list and who reaches the maximum age specified in section 14509, 14510, 14511, or 14512 of this title for the officer’s grade or position shall (unless the officer is sooner separated or the officer’s separation is deferred or the officer is continued in an active status under another provision of law) not later than the last day of the month in which the officer reaches that maximum age—
(1) be transferred to the Retired Reserve if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or
Source(Added Pub. L. 103–337, div. A, title XVI, § 1611,Oct. 5, 1994, 108 Stat. 2954; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(31),Feb. 10, 1996, 110 Stat. 498; Pub. L. 107–107, div. A, title V, § 517(d),Dec. 28, 2001, 115 Stat. 1095.)
2001—Par. (1). Pub. L. 107–107, § 517(d)(1), substituted “if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve” for “, if the officer is qualified and applies for such transfer”.
Par. (2). Pub. L. 107–107, § 517(d)(2), added par. (2) and struck out former par. (2) which read as follows: “if the officer is not qualified or does not apply for transfer to the Retired Reserve, be discharged from the officer’s reserve appointment.”
1996—Pub. L. 104–106substituted “inactive-status” for “inactive status” in introductory provisions.
Effective Date of 2001 Amendment
Amendment by Pub. L. 107–107effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) ofPub. L. 107–107, set out as a note under section 10154 of this title.
Effective Date of 1996 Amendment
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