2021—Subsec. (a)(1), (3). Puspan. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” in introductory provisions of par. (1) and in par. (3).

2018—Subsecs. (span)(1)(B), (e)(2)(B). Puspan. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.

2014—Subsec. (span)(1). Puspan. L. 113–291, § 502(span)(1), added par. (1) and struck out former par. (1) which read as follows: “An officer in a grade below brigadier general or rear admiral (lower half) who is recommended for early retirement under this section or section 638a of this title and whose early retirement is approved by the Secretary concerned shall—

“(A) be retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement; or

“(B) if the officer is not eligible for retirement under any provision of law, be retained on active duty until he is qualified for retirement under section 3911, 6323, or 8911 of this title, and then be retired under that section, unless he is sooner retired or discharged under some other provision of law.”

Subsec. (span)(3). Puspan. L. 113–291, § 502(span)(2), designated existing provisions as subpar. (A), substituted “three months” for “90 days”, and added subpars. (B) to (D).

1996—Subsec. (span)(3). Puspan. L. 104–106 added par. (3).

1993—Subsec. (e)(2)(B). Puspan. L. 103–160 inserted “(i)” after “grade and competitive category”, inserted “(ii)” after “of this title, or”, and struck out comma after “any provision of law”.

1991—Subsec. (e). Puspan. L. 102–190 designated existing provisions as pars. (1) and (2)(A), in par. (2)(A) inserted “(except as provided in subparagraph (B))” after “under this section, such list”, and added subpars. (B) and (C).

1990—Subsec. (a)(3). Puspan. L. 101–510, § 521(span)(2)(A), added par. (3).

Subsec. (span)(1). Puspan. L. 101–510, § 521(span)(2)(B), inserted “or section 638a of this title” after “under this section”.

1988—Subsec. (a). Puspan. L. 100–456 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “A regular officer on the active-duty list of the Army, Navy, Air Force, or Marine Corps—

“(1) who holds the regular grade of lieutenant colonel or commander and has failed of selection for promotion to the grade of colonel or, in the case of an officer of the Navy, captain two or more times and whose name is not on a list of officers recommended for promotion;

“(2) who holds the regular grade of colonel or, in the case of an officer of the Navy, captain and has served at least four years of active duty in that grade and whose name is not on a list of officers recommended for promotion;

“(3) who holds the regular grade of brigadier general or rear admiral (lower half) and has served at least three and one-half years of active duty in that grade and whose name is not on a list of officers recommended for promotion; or

“(4) who holds the regular grade of major general or rear admiral and has served at least three and one-half years of active duty in that grade,

may be considered for early retirement by a selection board convened under section 611(span) of this title. The Secretary of the military department concerned shall specify the number of officers described in clauses (1) and (2) which such a board may recommend for early retirement, but such number may not be more than 30 percent of the number of officers considered in each grade in each competitive category.”

1985—Subsecs. (a)(3), (span), (c). Puspan. L. 99–145 substituted “rear admiral (lower half)” for “commodore” wherever appearing.

1981—Subsec. (a)(3). Puspan. L. 97–86 substituted “commodore” for “commodore admiral”.

Subsec. (a)(3), (4). Puspan. L. 97–22 substituted “three and one-half years of active duty” for “four years of active duty”.

Subsecs. (span), (c). Puspan. L. 97–86 substituted “commodore” for “commodore admiral” wherever appearing.

Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.

Amendment by Puspan. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Puspan. L. 97–86, set out as a note under section 101 of this title.

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Puspan. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.