14 U.S. Code § 741 - Retention boards; removal from an active status to provide a flow of promotion
(a) Notwithstanding any other provision of this title, whenever the Secretary determines that it is necessary to reduce the number of Reserve officers in an active status in any grade to provide a steady flow of promotion, or that there is an excessive number of Reserve officers in an active status in any grade, the Secretary may appoint and convene a retention board to consider all of the Reserve officers in that grade in an active status who have 18 years or more of service for retirement, except those officers who—
(3) will complete 30 years total commissioned service by June 30th following the date that the retention board is convened; or
The retention board shall select and recommend a specified number of the officers under consideration for retention in an active status.
(b) This board shall—
(2) consist only of officers who are senior in rank to any officers being considered by that board; and
(c) Subject to section 12646 of title 10, a Reserve officer who is not recommended for retention in an active status under this section shall be given an opportunity to transfer to the Retired Reserve, if qualified, but unless so transferred shall, in the discretion of the Secretary, be transferred to the inactive status list or discharged on June 30 next following the date on which the report of the retention board is approved.
(d) The provisions of section 260 of this title shall, to the extent that they are not inconsistent with this subchapter, apply to boards convened under this section.
Source(Added Pub. L. 96–322, § 1,Aug. 4, 1980, 94 Stat. 1014; amended Pub. L. 101–225, title II, § 203(5),Dec. 12, 1989, 103 Stat. 1911; Pub. L. 103–206, title II, § 203,Dec. 20, 1993, 107 Stat. 2420; Pub. L. 103–337, div. A, title XVI, § 1677(b)(5),Oct. 5, 1994, 108 Stat. 3020; Pub. L. 104–106, div. A, title XV, § 1501(e)(1)(B),Feb. 10, 1996, 110 Stat. 501.)
Provisions similar to those in this section were contained in section 787a of this title prior to the complete revision of this chapter by Pub. L. 96–322.
1996—Subsec. (c). Pub. L. 104–106substituted “section 12646 of title 10” for “section 1006 of title 10”.
1994—Subsec. (b). Pub. L. 103–337, which directed amendment of subsec. (b) by substituting “section 12646 of title 10” for “section 1006 of title 10”, could not be executed because the words “section 1006 of title 10” did not appear in subsec. (b).
1993—Pub. L. 103–206in subsec. (a) in first sentence substituted “, except those officers who—” and pars. (1) to (4) for “and are not on active duty and not on an approved list of selectees for promotion to the next higher grade”, realigned margin of second sentence, inserted “(b)” before “This board shall—” in third sentence and realigned margin, and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1989—Subsec. (a). Pub. L. 101–225inserted “who have 18 years or more of service for retirement and are” before “not on active duty”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–106effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) ofPub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.
Effective Date of 1994 Amendment