RETENTION ON ACTIVE DUTY OF ENLISTED MEMBERS WITHIN TWO YEARS OF ELIGIBILITY FOR RETIREMENT.

SEC. 541. RETENTION ON ACTIVE DUTY OF ENLISTED MEMBERS WITHIN TWO YEARS OF ELIGIBILITY FOR RETIREMENT. (a) In General.—Chapter 59 of title 10, United States Code, is amended by adding at the end the following new section: “§ 1176. Enlisted members: retention after completion of 18 or more, but less than 20, years of service “(a) Regular Members.—A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 3914 or 8914 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, shall be 106 STAT. 2413retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law. “(b) Reserve Members.—A reserve enlisted member serving on active duty who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged or released from active duty is entitled to be credited with at least 18 but less than 20 years of service computed under section 1332 of this title, may not be discharged or released from active duty without the member’s consent before the earlier of the following: “(1) If as of the date on which the member is to be discharged or released from active duty the member has at least 18, but less than 19, years of service computed under section 1332 of this title— “(A) the date on which the member is entitled to be credited with 20 years of service computed under section 1332 of this title; or “(B) the third anniversary of the date on which the member would otherwise be discharged or released from active duty. “(2) If as of the date on which the member is to be discharged or released from active duty the member has at least 19, but less than 20, years of service computed under section 1332 of this title— “(A) the date on which the member is entitled to be credited with 20 years of service computed under section 1332 of this title; or “(B) the second anniversary of the date on which the member would otherwise be discharged or released from active duty.”. (b) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “1176. Enlisted members: retention after completion of 18 or more, but less than 20, years of service.”.