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U.S. Code as of:
01/19/04
Section 6389. Naval Reserve and Marine Corps Reserve; officers: elimination from active status; computation of total commissioned service
(a) Subject to section 12645 of this title, an officer in an
active status in the Naval Reserve in the permanent grade of
lieutenant or lieutenant (junior grade), and an officer in an
active status in the Marine Corps Reserve in the permanent grade of
captain or first lieutenant, who is considered as having twice
failed of selection for promotion to the next higher grade while on
the active-duty list may, in the discretion of the Secretary of the
Navy, be eliminated from an active status or released from active
duty and placed on the reserve active-status list.
(b) An officer who is to be eliminated from an active status
under subsection (a) shall, if qualified, be given an opportunity
to request transfer to the appropriate Retired Reserve and, if he
requests it, shall be so transferred. If he is not so transferred,
he shall, in the discretion of the Secretary, be transferred to the
appropriate inactive status list or be discharged from the Naval
Reserve or the Marine Corps Reserve.
(c)(1) An officer in an active status in the Naval Reserve in the
permanent grade of lieutenant commander or commander, and an
officer in an active status in the Marine Corps Reserve in the
permanent grade of major or lieutenant colonel, who is considered
as having twice failed of selection for promotion to the next
higher grade while on the active-duty list shall, if qualified, be
given an opportunity to request transfer to the appropriate Retired
Reserve. If he is not so transferred, he shall be discharged from
the Naval Reserve or the Marine Corps Reserve if he has completed a
period of total commissioned service equal to that specified below
for the permanent grade in which he is serving:
Grade Total
commis
sioned
service
Navy Marine Corps
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Commander Lieutenant 28 years.
colonel
Lieutenant commander Major 20 years.
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(2) Notwithstanding the first sentence of paragraph (1), the
Secretary may defer the retirement or discharge of such number of
officers serving in the grade of lieutenant commander as are
necessary to maintain the authorized officer strength of the Ready
Reserve, but the duration of such deferment for any individual
officer may not be in excess of five years.
(3) Notwithstanding paragraph (1), the Secretary may defer the
retirement or discharge under this subsection of an officer serving
in the permanent grade of lieutenant commander or commander in the
Naval Reserve or in the permanent grade of major or lieutenant
colonel in the Marine Corps Reserve for a period of time which does
not exceed the amount of service in an active status which was
credited to the officer at the time of his original appointment or
thereafter under any provision of law, if the officer can complete
at least 20 years of service as computed under section 12732 of
this title during the period of such deferment.
(4) Notwithstanding paragraph (1), the Secretary may defer the
retirement or discharge under this subsection of such number of
officers serving in the permanent grade of commander in the Medical
Corps, Chaplain Corps, or Dental Corps in the Naval Reserve as are
necessary to provide for mobilization requirements.
(d) For the purposes of subsection (c), the total commissioned
service of an officer who has served continuously in the Naval
Reserve or the Marine Corps Reserve following appointment therein
in the permanent grade of ensign or second lieutenant, as the case
may be, shall be computed from June 30 of the fiscal year in which
he accepted the appointment. Each other officer is considered to
have for this purpose as much total commissioned service as the
years of active commissioned service of any regular officer on the
active-duty list of the Navy not restricted in the performance of
duty, or any regular officer on the active-duty list of the Marine
Corps not restricted in the performance of duty, as appropriate,
who has served continuously since original appointment as an ensign
on the active-duty list of the Navy or as a second lieutenant on
the active-duty list of the Marine Corps, has not lost numbers or
precedence, and is, or has been after September 6, 1947, junior to
that other officer. However, the total commissioned service that
the other officer is considered to have may not be less than the
actual number of years he has served as a commissioned officer in a
grade above chief warrant officer, W-5.
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