10 U.S.C. § 7038
Any such waiver shall be made on a case-by-case basis.
10 U.S.C. § 7038
EDITORIAL NOTES
PRIOR PROVISIONSPrior sections 7041 to 7046 were renumbered sections 8541 to 8546 of this title. A prior section 7047 was renumbered section 8547 of this title.Another prior section 7047 was renumbered section 8548 of this title.Prior sections 7048 to 7050 were renumbered sections 8548 to 8550 of this title.
AMENDMENTS2018- Pub. L. 115-232 renumbered section 3038 of this title as this section. 2017-Subsec. (f). Pub. L. 115-91 struck out par. (1) designation before "The Chief of Army Reserve" and struck out par. (2) which read as follows: "The Secretary of Defense shall transmit the annual report of the Chief of Army Reserve under paragraph (1) to Congress, together with such comments on the report as the Secretary considers appropriate. The report shall be transmitted at the same time each year that the annual report of the Secretary under section 113 of this title is submitted to Congress." 2016-Subsec. (c). Pub. L. 114-328 struck out ";Grade" after "Reappointment" in heading, and in text struck out par. (1) designation before "The Chief of Army Reserve" and struck out par. (2) which read as follows: "The Chief of Army Reserve, while so serving, holds the grade of lieutenant general." 2004-Subsec. (b)(4). Pub. L. 108-375 substituted "December 31, 2006" for "December 31, 2004" in introductory provisions.2002-Subsec. (b)(4). Pub. L. 107-314 substituted "December 31, 2004" for "October 1, 2003" in introductory provisions.2000-Subsec. (b). Pub. L. 106-398 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The President, by and with the advice and consent of the Senate, shall appoint the Chief of Army Reserve from officers of the Army Reserve not on active duty, or on active duty under section 10211 of this title, who- "(1) have had at least 10 years of commissioned service in the Army Reserve;"(2) are in grade of brigadier general and above; and"(3) have been recommended by the Secretary of the Army."Subsec. (c). Pub. L. 106-398 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Chief of Army Reserve holds office for four years but may be removed for cause at any time. He is eligible to succeed himself. If he holds a lower reserve grade, he shall be appointed in the grade of major general for service in the Army Reserve. However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general." 1999-Subsec. (c). Pub. L. 106-65 inserted at end "However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general." 1996-Subsecs. (d) to (f). Pub. L. 104-201 added subsecs. (d) to (f).1994-Subsec. (b). Pub. L. 103-337 substituted "10211" for "265".1986-Pub. L. 99-433, §501(a)(4), renumbered section 3019 of this title as this section.Subsec. (c). Pub. L. 99-433, §502(g)(1), substituted "service" for "services".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.
EFFECTIVE DATE OF 1999 AMENDMENT; APPLICABILITY TO INCUMBENTS Pub. L. 106-65, div. A, title V, §554(g), (h), Oct. 5, 1999, 113 Stat. 617, provided that:"(g) EFFECTIVE DATE.-The amendments made by this section [enacting section 12505 of this title and amending this section and sections 5143, 5144, 8038, and 10506 of this title] shall take effect 60 days after the date of the enactment of this Act [Oct. 5, 1999]. "(h) APPLICABILITY TO INCUMBENTS.-(1) If an officer who is a covered position incumbent is appointed under the amendments made by this section to the grade of lieutenant general or vice admiral, the term of service of that officer in that covered position shall not be extended by reason of such appointment."(2) For purposes of this subsection: "(A) The term 'covered position incumbent' means a reserve component officer who on the effective date specified in subsection (g) is serving in a covered position."(B) The term 'covered position' means a position specified in section 12505 of title 10, United States Code, as added by subsection (a)."
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title.
EFFECTIVE DATESection effective on first day of first calendar month following date of enactment of Pub. L. 90-168, which was approved Dec. 1, 1967, see section 7 of Pub. L. 90-168, set out as an Effective Date of 1967 Amendment note under section 138 of this title.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- executive part of the department
- The term "executive part of the department" means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.