Pub. L. 107-107, div. A, tit. V, subtit. B, sec. 517

RETIREMENT OF RESERVE MEMBERS WITHOUT REQUIREMENT FOR FORMAL APPLICATION OR REQUEST.

EnactedYear: 2001Length: 775 wordsOfficial source
SEC. 517. RETIREMENT OF RESERVE MEMBERS WITHOUT REQUIREMENT FOR FORMAL APPLICATION OR REQUEST. (a) Retired Reserve.—Section 10154(2) of title 10, United States Code, is amended by striking “upon their request”. (b) Retirement for Failure of Selection of Promotion.—(1) Paragraph (2) of section 14513 of such title is amended by striking “, if the officer is qualified and applies for such transfer” and inserting “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”. (2)(A) The heading for such section is amended to read as follows: “§ 14513. Failure of selection for promotion: transfer, retirement, or discharge”. (B) The item relating to such section in the table of sections at the beginning of chapter 1407 of such title is amended to read as follows: “14513. Failure of selection for promotion: transfer, retirement, or discharge,”. (c) Retirement for Years of Service or After Selection for Early Removal.—Section 14514 of such title is amended— (1) in paragraph (1), by striking if the officer is qualified and applies for such transfer” and inserting “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”; and (2) by striking paragraph (2) and inserting the following: 115 STAT. 1095 “(2) be discharged from the officer’s reserve appointment if the officer is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred.”. (d) Retirement for Age.—Section 14515 of such title is amended— (1) in paragraph (1), by striking “, if the officer is qualified and applies for such transfer” and inserting “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”; and (2) by striking paragraph (2) and inserting the following: “(2) be discharged from the officer’s reserve appointment if the officer is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred.”. (e) Discharge or Retirement of Warrant Officers for Years of Service or Age.—(1) Chapter 1207 of such title is amended by adding at the end the following new section: “§ 12244. Warrant officers: discharge or retirement for years of service or for age “Each reserve warrant officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and has reached the maximum years of service or age prescribed by the Secretary concerned shall— “(1) be transferred to the Retired Reserve if the warrant 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 “(2) be discharged if the warrant officer is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “12244. Warrant officers: discharge or retirement for years of service or for age.”. (f) Discharge or Retirement of Enlisted Members for Years of Service or Age.—(1) Chapter 1203 of such title is amended by adding at the end the following new section: “§ 12108. Enlisted members: discharge or retirement for years of service or for age “Each reserve enlisted member of the Army, Navy, Air Force, or Marine Corps who is in an active status and has reached the maximum years of service or age prescribed by the Secretary concerned shall— “(1) be transferred to the Retired Reserve if the member 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 “(2) be discharged if the member is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred”. 115 STAT. 1096 (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “12108. Enlisted members: discharge or retirement for years of service or for age.”. (g) Effective Date.—The amendments made by this section shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act.