Pub. L. 83-773, tit. V, sec. 523

Sec. 523. (a) Each Reserve officer in a grade below major general who is not retired, transferred to the Retired Reserve, or discharged at an earlier date shall, upon his application, be transferred to the Retired Reserve if qualified, or if he is not qualified or does not apply for transfer to the Retired Reserve, be discharged, on the date upon which he becomes sixty years of age. (b) A Reserve officer in the grade of major general who is not retired, transferred to the Retired Reserve, or discharged at an earlier date shall, upon his application, be transferred to the Retired Reserve if qualified, or if he is not qualified or does not apply for transfer to the Retired Reserve, be discharged on the date upon which he becomes sixty-two years of age. (c) Notwithstanding subsections (a) and (b) of this section, an officer while holding an appointment as Chief of the National Guard Bureau may not, without his consent, be transferred to the Retired Reserve or be discharged under this section before the date upon which be becomes sixty-four years of age. Such an officer shall, upon his application, be transferred to the Retired Reserve if qualified, or if he is not qualified or does not apply for transfer to the Retired Reserve, be discharged, on the date upon which he becomes sixty-four years of age, unless he is retired, transferred to the Retired Reserve, or discharged, at an earlier date under another provision of law. (d) Each female Reserve officer designated as a nurse or woman medical specialist shall, upon her application, be transferred to the Retired Reserve if qualified, or if she is not qualified or does not apply for transfer to the Retired Reserve, be discharged, if in a grade above captain, thirty days after the date upon which she becomes fifty-five, years of age, and, if in a grade below major, thirty days after the date upon which she becomes fifty years of age. For the purpose of this subsection, such an officer in the grade of captain 68 Stat. 1182 whose name is on a recommended list shall be treated as if she were in a grade above captain.