Page:United States Statutes at Large Volume 94 Part 3.djvu/222

 94 STAT. 2866 10 USC 639.

PUBLIC LAW 96-513—DEC. 12, 1980

"§639. Continuation on active duty to complete disciplinary action "When any action has been commenced against an officer with a view to trying such officer by court-martial and such officer is to be separated or retired in accordance with this chapter, the Secretary of the military department concerned may delay the separation or retirement of the officer, without prejudice to such action, until the completion of the action. "§ 640. Deferment of retirement or separation for medical reasons "The Secretary of the military department concerned may defer the retirement or separation under this title of any officer if the evaluation of the physical condition of the officer and determination of the officer's entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date on which the officer would otherwise be required to retire or be separated under this title. "SUBCHAPTER V—ADDITIONAL PROVISIONS RELATING TO PROMOTION, SEPARATION, AND RETIREMENT "Sec. "641. Applicability of chapter. "642. Entitlement of officers discharged or retired under this chapter to separation pay or retired pay. "643. Chaplains: discharge or retirement upon loss of professional qualifications. "644. Authority to suspend officer personnel laws. "645. Definitions.

"§641. Applicability of chapter "Officers in the following categories are not subject to this chapter (other than section 640): "(1) Reserve officers— "(A) on active duty for training; "(B) on active duty under section 175, 265,3015, 3019,3033, 3496, 5251,5252,8019,8033, or 8496 of this title or section 708 of title 32; "(C) on active duty under section 672(d) of this title or under section 502 or 503 of title 32 in connection with organizing, administering, recruiting, instructing, or training the reserve components; "(D) on active duty to pursue special work; "(E) ordered to active duty under section 673b of this title; or "(F) on active duty under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. App. 460(b)(2)) for the administration of the SeleiMtive Service System. "(2) The director of adinissions, dean, and permanent professors at the United States Military Academy and the registrar, dean, and permanent professors at the United States Air Force Academy. "(3) Warrant officers. "(4) Retired officers on active duty. "(5) Students at the Uniformed Services University of the Health Sciences.

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