10 U.S.C. § 8848
Section 8848 · Repealed. Pub. L. 103337, div. A, title XVI, 1629(c)(3), Oct. 5, 1994, 108 Stat. 2963]
Amended 6 times on record
Applied in 8 court decisions — leading case Jamerson v. United States (1968)
Most recently applied in 971 F. Supp. 1149 - Bradley v. Stump (March 1997)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Each officer in an active status in the reserve grade of first lieutenant, captain, or major, and each officer in an active status in the reserve grade of lieutenant colonel who is not on a recommended list for promotion to the reserve grade of colonel, shall, 30 days after he completes 28 years of service computed under section 8853 of this title—
(1) be transferred to the Retired Reserve if he is qualified and applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged from his reserve appointment.
(b) Notwithstanding subsection (a), an Air Force nurse or medical specialist who is in the reserve grade of lieutenant colonel, or a female officer who is not designated under section 8067 (a)–(d) or (g)–(i) of this title and who is in the reserve grade of lieutenant colonel, may, in the discretion of the Secretary of the Air Force, be retained in an active status if he would otherwise be removed from an active status under subsection (a). An officer may not be retained in an active status under this section later than 30 days after he completes 30 years of service computed under section 8853 of this title.
(c) Notwithstanding subsections (a) and (b), the Secretary of the Air Force may authorize the retention in an active status until age 60 of an officer who would otherwise be removed from an active status under this section who—
(1) is employed as a technician under section 709 of title 32 in a position for which membership in the National Guard is required as a condition of employment; or
(2) is employed as a technician of the Air Force Reserve in a position for which membership in the Air Force Reserve is required as a condition of employment.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Repeal of Section
Section repealed effective Oct. 1, 1996, see note set out preceding section 8841 of this title.
The words “and who is not removed from an active status at an earlier date” are omitted as surplusage. The words “who is not on a recommended list for promotion to the reserve grade of colonel” are substituted for 50:1354(b) (last sentence).
Amendments
1985—Subsec. (a). Pub. L. 99–145, §1303(a)(27)(A), substituted “Each” for “After June 30, 1960, each”.
Subsec. (c). Pub. L. 99–145, §522(b)(1), amended subsec. (c) generally, thereby expanding coverage to include reserve officers who are employed as civilian technicians in the Air Force Reserve in positions that require membership in the Air Force Reserve.
1980—Subsec. (c). Pub. L. 96–513 struck out “, United States Code,” after “32”.
1968—Subsec. (c). Pub. L. 90–486 added subsec. (c).
1967—Subsec. (a). Pub. L. 90–130 struck out “, except an officer covered by section 8847 of this title,” after “first lieutenant, captain, or major”.
1960—Pub. L. 86–559 designated existing provisions as subsec. (a), inserted provisions therein excepting officers covered by section 8847 of this title, and added subsec. (b).
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Effective Date of 1968 Amendment
For effective date of amendment by Pub. L. 90–486, see section 11 of Pub. L. 90–486, set out as a note under section 709 of title 32, National Guard.