14 U.S.C. § 741 : US Code - Section 741: Retention boards; removal from an active status to provide a flow of promotion

Search 14 U.S.C. § 741 : US Code - Section 741: Retention boards; removal from an active status to provide a flow of promotion

(a) Notwithstanding any other provision of this title, whenever
the Secretary determines that it is necessary to reduce the number
of Reserve officers in an active status in any grade to provide a
steady flow of promotion, or that there is an excessive number of
Reserve officers in an active status in any grade, the Secretary
may appoint and convene a retention board to consider all of the
Reserve officers in that grade in an active status who have 18
years or more of service for retirement, except those officers who -

(1) are on extended active duty;
(2) are on a list of selectees for promotion;
(3) will complete 30 years total commissioned service by June
30th following the date that the retention board is convened; or
(4) have reached age 59 by the date on which the retention
board is convened.
The retention board shall select and recommend a specified number
of the officers under consideration for retention in an active
status.
(b) This board shall -
(1) to the extent practicable, consist of at least 50 per
centum Reserve officers;
(2) consist only of officers who are senior in rank to any
officers being considered by that board; and
(3) to the extent practicable, consist of officers who have not
served on the last previous retention board which considered
officers of the same grade.
(c) Subject to section 12646 of title 10, a Reserve officer who
is not recommended for retention in an active status under this
section shall be given an opportunity to transfer to the Retired
Reserve, if qualified, but unless so transferred shall, in the
discretion of the Secretary, be transferred to the inactive status
list or discharged on June 30 next following the date on which the
report of the retention board is approved.
(d) The provisions of section 260 of this title shall, to the
extent that they are not inconsistent with this subchapter, apply
to boards convened under this section.