§14705. Selective early retirement: reserve general and flag officers of the Navy and Marine Corps

(a) Authority To Consider.-An officer in the Navy Reserve in an active status serving in the grade of rear admiral (lower half) or rear admiral and an officer in the Marine Corps Reserve in an active status serving in the grade of brigadier general or major general may be considered for early retirement whenever the Secretary of the Navy determines that such action is necessary.

(b) Boards.-(1) If the Secretary of the Navy determines that consideration of officers for early retirement under this section is necessary, the Secretary shall convene a selection board under section 14101(b) of this title to recommend an appropriate number of officers for early retirement.

(2) In the case of such a board convened to consider officers in the grade of rear admiral or major general, the Secretary of the Navy may appoint the board without regard to section 14102(b) of this title. In doing so, however, the Secretary shall ensure that-

(A) each regular commissioned officer appointed to the board holds a grade higher than the grade of rear admiral or major general; and

(B) at least one member of the board is a reserve officer who holds the grade of rear admiral or major general.

(c) Separation Under Section 14514.-An officer selected for early retirement under this section shall be separated in accordance with section 14514 of this title.

(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2957 ; amended Pub. L. 105–261, div. A, title V, §515, Oct. 17, 1998, 112 Stat. 2008 ; Pub. L. 108–136, div. A, title V, §511(b)(3), Nov. 24, 2003, 117 Stat. 1459 ; Pub. L. 109–163, div. A, title V, §515(b)(1)(VV), Jan. 6, 2006, 119 Stat. 3234 .)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 6389(f)(3) of this title, prior to repeal by Pub. L. 103–337, §1628(4).

Amendments

2006-Subsec. (a). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

2003-Subsec. (b)(1). Pub. L. 108–136 substituted "selection board" for "continuation board".

1998-Subsec. (b). Pub. L. 105–261 designated existing provisions as par. (1), inserted "of officers" after "consideration" and "continuation" after "shall convene a", and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.