U.S. Code » Title 10 » Subtitle Subtitle E— Reserve Components › Part PART III— PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › Chapter CHAPTER 1407— FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION

10 U.S.C. § 14514

Discharge or retirement for years of service or after selection for early removal

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Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and who is required to be removed from an active status or from a reserve active-status list, as the case may be, under section 14507, 14508, 14704, or 14705 of this title (unless the officer is sooner separated or the officer’s separation is deferred or the officer is continued in an active status under another provision of law), in accordance with those sections, shall—(1) be transferred to the Retired Reserve 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; or(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.(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2953; amended Pub. L. 107–107, div. A, title V, § 517(c), Dec. 28, 2001, 115 Stat. 1094.)Editorial NotesAmendments

2001—Par. (1). Pub. L. 107–107, § 517(c)(1), substituted “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” for “, if the officer is qualified and applies for such transfer”.

Par. (2). Pub. L. 107–107, § 517(c)(2), added par. (2) and struck out former par. (2) which read as follows: “if the officer is not qualified or does not apply for such transfer, be discharged from the officer’s reserve appointment.”

Statutory Notes and Related SubsidiariesEffective Date of 2001 Amendment

Amendment by Pub. L. 107–107 effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107–107, set out as a note under section 10154 of this title.

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.

Notes of Decisions
Cited in 3 cases, 2006–2008 · leading case: Hanson v. Wyatt, 552 F.3d 1148 (10th Cir. 2008).
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Hanson v. Wyatt, 552 F.3d 1148 (10th Cir. 2008). “Indeed, the statute makes no mention of any right or benefit of officers being considered, except that those not selected for retention may be separated under 10 U.S.C. § 14514 (which addresses transfer to the Retired Reserve).”
Kosmo v. United States, 72 Fed. Cl. 46 (Fed. Cl. 2006). “§ 14507 (b) (2000); 10 U.S.C. § 14514 (2000). Plaintiff was first commissioned on March 3, 1970.”
Hanson v. Wyatt, 540 F.3d 1187 (10th Cir. 2008). “The focus of § 14704 is the authority of the Secretary, not the rights of officers subject to nonretention.”
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