---
kind: "section"
citation: "10 U.S.C. § 14513"
title: "10"
title_heading: "Armed Forces"
number: "14513"
heading: "Failure of selection for promotion: transfer, retirement, or discharge"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14513"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1407 — Failure of Selection for Promotion and Involuntary Separation"
---

# §14513. Failure of selection for promotion: transfer, retirement, or discharge


Each [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army, Navy, Air Force, or Marine Corps who is in an [active status](/usc/10/101.md?p=d-4) and whose removal from an [active status](/usc/10/101.md?p=d-4) or from a [reserve active-status list](/usc/10/101.md?p=c-7) is required by section [14504](/usc/10/14504.md), [14505](/usc/10/14505.md), or [14506](/usc/10/14506.md) of this title shall (unless the [officer](/usc/10/101.md?p=b-1)’s separation is deferred or the [officer](/usc/10/101.md?p=b-1) is continued in an [active status](/usc/10/101.md?p=d-4) under another provision of law) not later than the date specified in those sections—

- (1) be transferred to an inactive status if the [Secretary concerned](/usc/10/101.md?p=a-9) determines that the [officer](/usc/10/101.md?p=b-1) has skills which may be required to meet the mobilization needs of the [officer](/usc/10/101.md?p=b-1)’s armed force;
- (2) be transferred to the Retired [Reserve](/usc/10/101.md?p=c-6) if the [officer](/usc/10/101.md?p=b-1) is qualified for such transfer and does not request (in accordance with regulations prescribed by the [Secretary concerned](/usc/10/101.md?p=a-9)) not to be transferred to the Retired [Reserve](/usc/10/101.md?p=c-6); or
- (3) if the [officer](/usc/10/101.md?p=b-1) is not transferred to an inactive status or to the Retired [Reserve](/usc/10/101.md?p=c-6), be discharged from the [officer](/usc/10/101.md?p=b-1)’s [reserve](/usc/10/101.md?p=c-6) appointment.

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2953; amended Pub. L. 107–107, div. A, title V, § 517(b)(1), (2)(A), Dec. 28, 2001, 115 Stat. 1094.)

## Notes

### Editorial Notes

### Amendments

2001—Pub. L. 107–107, § 517(b)(2)(A), substituted “Failure of selection for promotion: transfer, retirement, or discharge” for “Separation for failure of selection of promotion” in section catchline.

Par. (2). Pub. L. 107–107, § 517(b)(1), substituted “if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve” for “, if the officer is qualified and applies for such transfer”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2001 Amendment

Amendment by Pub. L. 107–107 effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107–107, set out as a note under section 10154 of this title.

### Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.