10 U.S.C. § 12305 : US Code - Section 12305: Authority of President to suspend certain laws relating to promotion, retirement, and separation
Search 10 U.S.C. § 12305 : US Code - Section 12305: Authority of President to suspend certain laws relating to promotion, retirement, and separation
(a) Notwithstanding any other provision of law, during any period
members of a reserve component are serving on active duty pursuant
to an order to active duty under authority of section 12301, 12302,
or 12304 of this title, the President may suspend any provision of
law relating to promotion, retirement, or separation applicable to
any member of the armed forces who the President determines is
essential to the national security of the United States.
(b) A suspension made under the authority of subsection (a) shall
terminate (1) upon release from active duty of members of the
reserve component ordered to active duty under the authority of
section 12301, 12302, or 12304 of this title, as the case may be,
or (2) at such time as the President determines the circumstances
which required the action of ordering members of the reserve
component to active duty no longer exist, whichever is earlier.
(c) Upon the termination of a suspension made under the authority
of subsection (a) of a provision of law otherwise requiring the
separation or retirement of officers on active duty because of age,
length of service or length of service in grade, or failure of
selection for promotion, the Secretary concerned shall extend by up
to 90 days the otherwise required separation or retirement date of
any officer covered by the suspended provision whose separation or
retirement date, but for the suspension, would have been before the
date of the termination of the suspension or within 90 days after
the date of such termination.
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Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency