Page:United States Statutes at Large Volume 108 Part 4.djvu/323

 PUBLIC LAW 103-337 —OCT. 5, 1994 108 STAT. 2957 grade and competitive category, and who have that amount of service, for the purpose of recommending officers by name for removal from the reserve active-status list, in the number specified by the Secretary by each grade and competitive category. "(b) SEPARATION OF OFFICERS SELECTED. —In the case of an officer recommended for separation in the report of a board under subsection (a), the Secretary may separate the officer in accordance i;, with section 14514 of this title. "(c) REGULATIONS.— The Secretary of the military department concerned shall prescribe regulations for the administration of this section. "§ 14705. Selective early retirement: reserve general and flag officers of the Navy and Marine Corps "(a) AUTHORITY TO CONSIDER.—An officer in the Naval 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.—I f the Secretary of the Navy determines that consideration for early retirement under this section is necessary, the Secretary shall convene a board under section 14101(b) of this title to recommend an appropriate number of officers for early retirement. "(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. '^§ 14706. Computation of total years of service "For the purpose of this chapter and chapter 1407 of this title, a reserve officer's years of service include all service, other than constructive service, of the officer as a commissioned officer of any uniformed service (other than service as a warrant officer). " CHAPTER 1411—ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY SEPARATION "Sec. "14901. Separation of chaplains for loss of professional qualifications. "14902. Separation for substandard performance and for certain other reasons. "14903. Boards of inquiry. "14904. Rights and procedures. "14905. Officer considered for removal: retirement or discharge. "14906. Officers eligible to serve on boards. "14907. Army National Guard of the United States and Air National Guard of the United States: discharge and withdrawal of Federal recognition of officers absent without leave. '^§14901. Separation of chaplains for loss of professional qualifications "(a) SEPARATION. —Under regulations prescribed by the Sec- Regulations, retary of Defense, an officer on the reserve active-status list who is appointed or desi^ated as a chaplain may, if the officer fails to maintain the qualifications needed to perform the professional function of a chaplain, be discharged. The authority under the preceding sentence applies without regard to the provisions of section 12645 of this title.

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