10 U.S.C. § 641: Applicability of chapter

on active duty authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title ; on active duty under section 7038, 8083, 8084, 9038, 10211, 10301 through 10305, 10502, 10505, 10506(a), 10506(b), 10507, or 12402 of this title or section 708 of title 32 ; or on full-time National Guard duty. The director of admissions, dean, and permanent professors at the United States Military Academy, the registrar, dean, and permanent professors at the United States Air Force Academy, and permanent professors of the Navy (as defined in regulations prescribed by the Secretary of the Navy). Warrant officers. Retired officers on active duty. Students at the Uniformed Services University of the Health Sciences. The Secretary of the military department concerned may provide that an officer who was excluded from the active-duty list under section 641(1)(D) of title 10 , United States Code, as amended by section 521 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654 A–108), shall be considered to have been on the active-duty list during the period beginning on the date on which the officer was so excluded and ending on the date of the enactment of this Act [ Dec. 28, 2001 ]. The Secretary of the military department concerned may provide that a Reserve officer who was placed on the active-duty list on or after October 30, 1997 , shall be placed on the reserve active-status list if the officer otherwise meets the conditions specified in section 641(1)(D) of title 10 , United States Code, as amended by subsection (a).”