1444
PUBLIC LAW 86-861-SEPT. 2, 1958
[72 ST AT.
(B) by inserting the following new sections after section 1004: §1005. Commissioned officers: retention until completion of required service "A reserve commissioned officer, other than a commissioned warrant officer, who has not completed the period of service required of him by section 651 of this title or any other provision of law, may not be discharged or transferred from an active status under chapter 337,361, 363, 573, 837, 861, or 863 of this title. Unless, under regulations prescribed by the Secretary concerned, he is promoted to a higher reserve grade, he shall be retained in an active status in his reserve grade for the rest of his period of required service and shall be an additional number to the authorized strength of his grade. § 1006. Commissioned officers: retention of after completing 18 or more, but less than 20, years of service "(a) If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to bo credited with at least 18, but less than 19, years of service computed 10 USC 1332. under section 1332 of this title, he may not be discharged or transferred 10 USC 3351 et from an active status under chapter 337, 361, 363, 673, 837, 861, or 863 •***• of this title without his consent before the earlier of the following dates— "(1) the date on which he is entitled to be credited with 20 years of service computed under section 1332 of this title; or "(2) the third anniversary of the date on which he would otherwise be discharged or transferred from an active status. "(b) If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 19, but less than 20, years of service computed under section 1332 of this title, he may not be discharged or transferred from an active status under chapter 337, 361, 363, 573, 837, 861, or 863 of this title without his consent before the earlier of the following dates— "(1) the date on which he is entitled to be credited with 20 years of service computed under section 1332 of this title; or "(2) the second anniversary of the date on which he would otherwise be discharged or transferred from an active status. "(c) An officer of the Army or the Air Force who is retained in an active status under subsection (a) or (b) is an additional number to those otherwise authorized. "(d) Subsections (a) and (b) do not apply to— " (1) officers who are discharged or transferred from an active status for physical disability, for cause, or because they have reached the a^e at which transfer from an active status or discharge is required by law; or "(2) commissioned warrant officers. "(e) A reserve commissioned officer on active duty (other than for training) who, on the date on which he would otherwise be removed 8852 " ® f ^^'^^ ^^o™ an active status under section 3846, 3847, 3848, 3849, 3851, 3852, " ^ '"' 6389,6397,6403,6410,8846,8847,8848,8849,8851, or 8852 of this title or so use 1391. section 1391 of title 60, and who is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, may, in the discretion of the Secretary concerned, be retained on active duty for a period of not more than two years, if at the end of that period he will be qualified for retirement under one of those sections and will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title. An officer who is retained on active duty under this section may not be removed from an active status while he is on that duty. For officers covered by sec-
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