§ 12646. Commissioned officers: retention of after completing 18 or more, but less than 20, years of service
(a)
If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service computed under section
12732 of this title, he may not be discharged or transferred from an active status under chapter 573, 1407, or 1409 of this title or chapter
21 of title
14, without his consent before the earlier of the following dates—
(1)
the date on which he is entitled to be credited with 20 years of service computed under section
12732 of this title; or
(b)
If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 19, but less than 20, years of service computed under section
12732 of this title, he may not be discharged or transferred from an active status under chapter 573, 1407, or 1409 of this title or chapter
21 of title
14, without his consent before the earlier of the following dates—
(1)
the date on which he is entitled to be credited with 20 years of service computed under section
12732 of this title; or
(c)
An officer who is retained in an active status under subsection (a) or (b) is an additional number to those otherwise authorized.
(d)
Subsections (a) and (b) do not apply to—
(e)
(1)
A reserve commissioned officer on active duty (other than for training) or full-time National Guard duty (other than full-time National Guard duty for training only) who, on the date on which the officer would otherwise be removed from an active status under section
6389,
14513, or
14514 of this title or section
740 of title
14, is within two years of qualifying for retirement under section
3911,
6323, or
8911 of this title may, in the discretion of the Secretary concerned and subject to paragraph (2), be retained on that duty for a period of not more than two years.