# § 1176. Enlisted members: retention after completion of 18 or more, but less than 20, years of service
**(a)** **Regular Members.—** A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 7314 or 9314 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 8330 of this title, shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law.
**(b)** **Reserve Members in Active Status.—** A reserve enlisted member serving in an active status who is selected to be involuntarily separated (other than for physical disability or for cause), or whose term of enlistment expires and who is denied reenlistment (other than for physical disability or for cause), and who on the date on which the member is to be discharged or transferred from an active status is entitled to be credited with at least 18 but less than 20 years of service computed under section 12732 of this title, may not be discharged, denied reenlistment, or transferred from an active status without the member’s consent before the earlier of the following:
**(1)** If as of the date on which the member is to be discharged or transferred from an active status the member has at least 18, but less than 19, years of service computed under section 12732 of this title—
**(A)** the date on which the member is entitled to be credited with 20 years of service computed under section 12732 of this title; or
**(B)** the third anniversary of the date on which the member would otherwise be discharged or transferred from an active status.
**(2)** If as of the date on which the member is to be discharged or transferred from an active status the member has at least 19, but less than 20, years of service computed under section 12732 of this title—
**(A)** the date on which the member is entitled to be credited with 20 years of service computed under section 12732 of this title; or
**(B)** the second anniversary of the date on which the member would otherwise be discharged or transferred from an active status.
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**Source Credit**: (Added Pub. L. 102–484, div. A, title V, § 541(a), Oct. 23, 1992, 106 Stat. 2412; amended Pub. L. 103–160, div. A, title V, § 562(a), Nov. 30, 1993, 107 Stat. 1669; Pub. L. 104–106, div. A, title XV, § 1501(c)(12), Feb. 10, 1996, 110 Stat. 499; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
## Editorial Notes
### Amendments
2018—Subsec. (a). substituted “section 7314 or 9314” for “section 3914 or 8914” and “section 8330” for “section 6330”.
1996—Subsec. (b). substituted “section 12732” for “section 1332” wherever appearing.
1993—Subsec. (b). added subsec. (b) and struck out heading and text of former subsec. (b) which provided that a reserve enlisted member serving on active duty who was selected to be involuntarily separated, or whose term of enlistment expired and who was denied reenlistment, and who on the date on which the member was to be discharged or released from active duty was entitled to be credited with at least 18 but less than 20 years of service computed under , could not be discharged or released from active duty without the member’s consent before the earlier of certain dates.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2018 Amendment
Amendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
### Effective Date of 1996 Amendment
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### Effective Date of 1993 Amendment
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