Subject to other provisions of this title, reserve commissioned officers may be discharged at the pleasure of the President. Other Reserves may be discharged under regulations prescribed by the Secretary concerned.
Prior Provisions
Provisions similar to those in this section were contained in section 1162(a) of this title, prior to repeal by Pub. L. 103–337, §1662(i)(2).
Effective Date
Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
Availability of Transition Assistance Advisors To Assist Members of Reserve Components Who Serve on Active Duty for More Than 180 Consecutive Days
Pub. L. 112–239, div. A, title V, §513, Jan. 2, 2013, 126 Stat. 1718, provided that:
"(a)
"(b)
"(c)
"(1) To assist with the creation and execution of an individual transition plan for an eligible member of a reserve component and dependents of the member for the reintegration of the member into civilian life.
"(2) To provide employment support services to the member and dependents of the member, including assistance with finding employment opportunities and identifying and obtaining assistance from programs within and outside of the Federal Government.
"(3) To provide information on relocation, health care, mental health care, and financial support services available to the member and dependents of the member from the Department of Defense, the Department of Veterans Affairs, and other Federal, State, and local agencies.
"(4) To provide information on educational support services available to the member, including Post-9/11 Educational Assistance under chapter 33 of title 38, United States Code.
"(d)
"(1) A plan for the transition of the member to civilian life, including with respect to employment, education, and health care.
"(2) A description of the transition services that the member and dependents of the member will need to achieve their transition objectives, including information on any forms that the member will need to fill out to be eligible for such services.
"(3) A point of contact for each agency or entity that can provide the transition services described in paragraph (2).
"(4) Such other information determined to be essential for the transition of the member, as determined by the Chief of the National Guard Bureau in consultation with the Secretary of Defense and the Secretary of Veterans Affairs.
"(e)
"(f)
Implementation of Agreement on Restructuring of Army National Guard and Army Reserve
Pub. L. 103–335, title VIII, §8129, Sept. 30, 1994, 108 Stat. 2652, provided that:
"(a)
"(b)
"(2) The reassignment of a member under paragraph (1) shall not affect the grade or rank in grade of the member.
"(c)
"(d)
"(1) The term 'congressional defense committees' means the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives.
"(2) The term 'off-site agreement' means the agreement on the restructuring of the Army National Guard and the Army Reserve."
Guard and Reserve Transition Initiatives
Pub. L. 104–208, div. A, title I, §101(b) [title VIII, §8050], Sept. 30, 1996, 110 Stat. 3009–71, 3009–99, provided that: "During the current fiscal year and hereafter, annual payments granted under the provisions of section 4416 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2714) [set out below] shall be made from appropriations in this Act [Pub. L. 104–208] which are available for the pay of reserve component personnel."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 104–61, title VIII, §8061, Dec. 1, 1995, 109 Stat. 664.
Pub. L. 103–335, title VIII, §8073, Sept. 30, 1994, 108 Stat. 2635.
Pub. L. 103–139, title VIII, §8087, Nov. 11, 1993, 107 Stat. 1459.
Pub. L. 102–484, div. D, title XLIV, subtitle B, Oct. 23, 1992, 106 Stat. 2712, as amended by Pub. L. 103–35, title II, §202(a)(17), May 31, 1993, 107 Stat. 102; Pub. L. 103–160, div. A, title V, §561(f)(1)–(3), Nov. 30, 1993, 107 Stat. 1667, 1668; Pub. L. 103–337, div. A, title V, §518(a), (b), Oct. 5, 1994, 108 Stat. 2754; Pub. L. 104–106, div. A, title XV, §1501(d)(3), Feb. 10, 1996, 110 Stat. 500; Pub. L. 105–261, div. A, title V, §561(l), (m), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106–398, §1 [[div. A], title V, §571(l), (m)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–107, div. A, title X, §1048(h)(2), Dec. 28, 2001, 115 Stat. 1229, provided that:
"SEC. 4411. FORCE REDUCTION TRANSITION PERIOD DEFINED.
"In this subtitle [subtitle B (§§4411–4422) of title XLIV of div. D of Pub. L. 102–484], the term 'force reduction transition period' means the period beginning on October 1, 1991, and ending on December 31, 2001.
"SEC. 4412. MEMBER OF SELECTED RESERVE DEFINED.
"In this subtitle, the term 'member of the Selected Reserve' means—
"(1) a member of a unit in the Selected Reserve of the Ready Reserve; and
"(2) a Reserve designated pursuant to section 268(b) [see 10143(a)] of title 10, United States Code, who is assigned to an authorized position the performance of the duties of which qualify the member for basic pay or compensation for inactive-duty training or both.
"SEC. 4413. RESTRICTION ON RESERVE FORCE REDUCTION.
"(a)
"(b)
"SEC. 4414. TRANSITION PLAN REQUIREMENTS.
"(a)
"(b)
"(1) such provisions as are necessary to implement the provisions of this subtitle and the amendments made by this subtitle; and
"(2) such other policies and procedures for the recruitment of personnel for service in the Selected Reserve of the Ready Reserve, and for the reassignment, retraining, separation, and retirement of members of the Selected Reserve, as are appropriate for satisfying the needs of the Selected Reserve together with the purpose set out in subsection (a).
"(c)
"(1) The giving of a priority for enrollment in, or reassignment to, Selected Reserve units not being inactivated to—
"(A) personnel being separated from active-duty or full-time National Guard duty; and
"(B) members of the Selected Reserve whose units are inactivated.
"(2) The giving of a priority to such personnel for transfer among the reserve components of the Armed Forces in order to facilitate reassignment to such units.
"(3) A requirement that the Secretaries of the military departments take diligent actions to ensure that members of the reserve components of the Armed Forces are informed in easily understandable terms of the rights and benefits conferred upon such personnel by this subtitle, by the amendments made by this subtitle, and by such regulations.
"(4) Such other protections, preferences, and benefits as the Secretary of Defense considers appropriate.
"(d)
"SEC. 4415. INAPPLICABILITY TO CERTAIN DISCHARGES AND TRANSFERS.
"The protections, preferences, and benefits provided for in regulations prescribed in accordance with this subtitle do not apply with respect to a member of the Selected Reserve who is discharged from a reserve component of the Armed Forces or is transferred from the Selected Reserve to another category of the Ready Reserve, to the Standby Reserve, or to the Retired Reserve—
"(1) at the request of the member unless such request was made and approved under a provision of this subtitle or section 12731a of title 10, United States Code (as added by section 4417);
"(2) because the member no longer meets the qualifications for membership in the Selected Reserve set forth in any provision of law as in effect on the day before the date of the enactment of this Act [Oct. 23, 1992];
"(3) under adverse conditions, as characterized by the Secretary of the military department concerned; or
"(4) if the member—
"(A) is immediately eligible for retired pay based on military service under any provision of law;
"(B) is serving as a military technician, as defined in section 8401(30) of title 5, United States Code, and would be immediately eligible for an unreduced annuity under the provisions of subchapter III of chapter 83 of such title, relating to the Civil Service Retirement and Disability System, or the provisions of chapter 84 of such title, relating to the Federal Employees' Retirement System; or
"(C) is eligible for separation pay under section 1174 of title 10, United States Code.
"SEC. 4416. FORCE REDUCTION PERIOD RETIREMENTS.
"(a)
"(2) An officer who is to be eliminated from an active status under this section, shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve and, if the officer requests it, shall be so transferred. If the officer is not transferred to the Retired Reserve, the officer shall, in the discretion of the Secretary concerned, be transferred to the appropriate inactive status list or be discharged.
"(3) A member of the Army National Guard of the United States or the Air National Guard of the United States may not be eliminated from an active status under this section without the consent of the Governor or other appropriate authority of the State or territory, Puerto Rico, or the District of Columbia, whichever is concerned.
"(b)
"(1) as of October 1, 1991, that member has completed at least 20 years of service computed under section 1332 of title 10, United States Code, or after that date and before the end of the force reduction transition period, such member completes 20 years of service computed under that section or section 12732;
"(2) the member satisfies the requirements of paragraphs (3) and (4) of section 1331(a) or 12731(a) of title 10, United States Code; and
"(3) the member applies for transfer to the Retired Reserve.
"(c) [Repealed. Pub. L. 103–160, div. A, title V, §561(f)(2)(B), Nov. 30, 1993, 107 Stat. 1667.]
"(d)
"(e)
"(2)(A) Subject to subparagraph (B) the percent applicable to a member for purposes of paragraph (1) is 5 percent plus 0.5 percent for each full year of service, computed under section 12732 of title 10, United States Code, that a member has completed in excess of 20 years before transfer to the Retired Reserve.
"(B) The maximum percent applicable under this paragraph is 10 percent.
"(3) In the case of a member who will attain 60 years of age during the 12-month period following the date on which an annual payment is due, the payment shall be paid on a prorated basis of one-twelfth of the annual payment for each full month between the date on which the payment is due and the date on which the member attains age 60.
"(f)
"(2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a).
"(g)
"(h)
"SEC. 4417. RETIREMENT WITH 15 YEARS OF SERVICE.
"(a)
"(b)
"SEC. 4418. SEPARATION PAY.
"(a)
"(b)
"(A) the years of service credited to that person under section 12733 of title 10, United States Code; and
"(B) 62 times the daily equivalent of the monthly basic pay to which the person would have been entitled had the person been serving on active duty at the time of the person's discharge or transfer.
"(2) In the case of a person who receives separation pay under this section and who later receives basic pay, compensation for inactive duty training, or retired pay under any provision of law, such basic pay, compensation, or retired pay, as the case may be, shall be reduced by 75 percent until the total amount withheld through such reduction equals the total amount of the separation pay received by that person under this section.
"(c)
"(d)
"SEC. 4419. WAIVER OF CONTINUED SERVICE REQUIREMENT FOR CERTAIN RESERVISTS FOR MONTGOMERY GI BILL BENEFITS.
"(a)
"(b)
"SEC. 4420. COMMISSARY AND EXCHANGE PRIVILEGES.
"The Secretary of Defense shall prescribe regulations to authorize a person who involuntarily ceases to be a member of the Selected Reserve during the force reduction transition period to continue to use commissary and exchange stores in the same manner as a member of the Selected Reserve for a period of two years beginning on the later of—
"(1) the date on which that person ceases to be a member of the Selected Reserve; or
"(2) the date of the enactment of this Act [Oct. 23, 1992].
"SEC. 4421. APPLICABILITY AND TERMINATION OF BENEFITS.
"(a)
"(2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a).
"(b)
"(c)
"SEC. 4422. READJUSTMENT BENEFITS FOR CERTAIN VOLUNTARILY SEPARATED MEMBERS OF THE RESERVE COMPONENTS.
"(a)
"(b)
[Section 518(c) of Pub. L. 103–337 provided that: "The amendments made by this section [amending section 4416 of Pub. L. 102–484, set out above] shall apply only to payments to a member of the Armed Forces under subsection (b) of section 4416 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102–484) that are granted by the Secretary of Defense to that member after the date of the enactment of this Act [Oct. 5, 1994]."]