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10 U.S.C. § 12641 (ARMED FORCES)
§ 12641. Standards and procedures: Secretary to prescribe
(a) The Secretary concerned shall, by regulation, prescribe—
(1) standards and qualifications for the retention and promotion of members of the reserve components under his jurisdiction; and
(2) equitable procedures for the periodic determination of the compliance of each such Reserve with those standards and qualifications.
(b) If a Reserve fails to comply with the standards and qualifications prescribed under subsection (a), he shall—
(1) if qualified, be transferred to an inactive reserve status;
(2) if qualified, be retired without pay; or
(3) have his appointment or enlistment terminated.
(Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1001; renumbered § 12641 and amended Pub. L. 103–337, div. A, title XVI, § 1662(h)(2), (4)(A), Oct. 5, 1994, 108 Stat. 2996.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1001(a)
1001(b)
10:1036c (1st sentence).
34:440k (1st sentence).
10:1036c (2d sentence).
34:440k (2d sentence).
June 29, 1948, ch. 708, § 304 (less last sentence), 62 Stat. 1088.
In subsection (a), the words “As soon as may be practicable after the effective date of sections 1036–1036i [440h–440q] of this title” are omitted as executed. The words “not inconsistent with said sections or any other Act” and “appropriate” are omitted as surplusage.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–337 renumbered section 1001 of this title as this section and substituted “Standards and procedures: Secretary to prescribe” for “Secretary to prescribe” as section catchline.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
10 U.S.C. § 12642 (ARMED FORCES)
§ 12642. Standards and qualifications: result of failure to comply with
(a) To be retained in an active status, a reserve commissioned officer must, in any applicable yearly period, attain the number of points under section 12732(a)(2) of this title prescribed by the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, and must conform to such other standards and qualifications as the Secretary concerned may prescribe. The Secretary may not prescribe a minimum of more than 50 points under this subsection.
(b) Subject to section 12645 of this title, a reserve commissioned officer who fails to attain the number of points, or to conform to the standards and qualifications, prescribed in subsection (a) shall—
(1) be transferred to the Retired Reserve if he is qualified and applies therefor;
(2) if he is not qualified or does not apply for transfer to the Retired Reserve, be transferred to an inactive status, if he is qualified therefor; or
(3) if he is not transferred to the Retired Reserve or an inactive status, be discharged from his reserve appointment.
(c) This section does not apply to commissioned warrant officers or to adjutants general or assistant adjutants general of States, Puerto Rico, and the District of Columbia.
(Added Pub. L. 85–861, § 1(22)(A), Sept. 2, 1958, 72 Stat. 1443, § 1002; amended Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered § 12642 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(2), 1675(d)(1), Oct. 5, 1994, 108 Stat. 2996, 3018; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1002(a)
1002(b)
50:1192(b) (1st sentence, less 11th through 29th words).
50:1181(4).
50:1192(b) (less 1st sentence).
Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 202(b)), 102(4), 202(b), 68 Stat. 1149, 1150.
1002(c)
50:1181(1) (as applicable to 50:1192(b)).
50:1192(b) (11th through 29th words of 1st sentence).
In subsection (a), the word “minimum” is omitted as surplusage. The last sentence is substituted for the words “(not to exceed fifty)”.
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (c). Pub. L. 109–163 struck out “and Territories” after “States”.
1994—Pub. L. 103–337, § 1662(h)(2), renumbered section 1002 of this title as this section.
Subsec. (a). Pub. L. 103–337, § 1675(d)(1)(A), substituted “12732(a)(2)” for “1332(a)(2)”.
Subsec. (b). Pub. L. 103–337, § 1675(d)(1)(B), substituted “12645” for “1005”.
1988—Subsec. (c). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
10 U.S.C. § 12643 (ARMED FORCES)
§ 12643. Boards for appointment, promotion, and certain other purposes: composition
(a) Except as provided in section 612(a)(3) of this title and except for boards that may be convened to select Reserves for appointment in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include at least one member of the Reserves, with the exact number of Reserves determined by the Secretary concerned in his discretion.
(b) Each member of a board convened for the selection for promotion, or for the demotion or discharge, of Reserves must be senior in rank to the persons under consideration by that board. However, a member serving in a legal advisory capacity may be junior in rank to any person, other than a judge advocate or law specialist, being considered by that board; and a member serving in a medical advisory capacity may be junior in rank to any person, other than a medical officer, being considered by that board.
(Aug. 10, 1956, ch. 1041, 70A Stat. 11, § 266; Pub. L. 96–513, title V, § 501(4), Dec. 12, 1980, 94 Stat. 2907; Pub. L. 97–22, § 2(c), July 10, 1981, 95 Stat. 124; renumbered § 12643, Pub. L. 103–337, div. A, title XVI, § 1662(h)(2), Oct. 5, 1994, 108 Stat. 2996.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
266(a)
266(b)
50:1005(a).
50:1005(b).
July 9, 1952, ch. 608, § 254, 66 Stat. 496.
In subsection (a), the words “under * * * prescribed” are substituted for the words “in accordance * * * established”.
In subsection (b), the words “in rank” and “by that board” are inserted for clarity.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–337 renumbered section 266 of this title as this section.
1981—Subsec. (a). Pub. L. 97–22 substituted “Except as provided in section 612(a)(3) of this title and except for Boards that may be convened to select Reserves for appointment in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include at least one member of the Reserves, with the exact number of Reserves determined by the Secretary concerned in his discretion” for “Except as provided in section 612(a)(3) of this title, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include an appropriate number of Reserves, as prescribed by the Secretary concerned under standards and policies prescribed by the Secretary of Defense”.
1980—Subsec. (a). Pub. L. 96–513 substituted “Except as provided in section 612(a)(3) of this title, each” for “Each”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 12647 (ARMED FORCES)
§ 12647. Commissioned officers: retention in active status while assigned to Selective Service System or serving as United States property and fiscal officers
Notwithstanding chapters 843, 1407, and 1409 of this title, a reserve commissioned officer, other than a commissioned warrant officer, who is assigned to the Selective Service System or who is a property and fiscal officer appointed, designated, or detailed under section 708 of title 32, may be retained in an active status in that assignment or position until he becomes 62 years of age.
(Added Pub. L. 85–861, § 1(22)(B), Sept. 2, 1958, 72 Stat. 1445, § 1007; amended Pub. L. 86–559, § 1(3)(B), June 30, 1960, 74 Stat. 265; renumbered § 12647 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(2), 1675(d)(4), Oct. 5, 1994, 108 Stat. 2996, 3018; Pub. L. 110–417, [div. A], title V, § 514(a), Oct. 14, 2008, 122 Stat. 4441; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1007
50:1181(1) (as applicable to 50:1202).
50:1202.
Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 212), 212, 68 Stat. 1149, 1153.
The words “this title” are substituted for the words “this chapter”, since the provisions of this title requiring transfer from an active status are based on the source statute for this section (the Reserve Officer Personnel Act of 1954).
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 substituted “chapters 843, 1407, and 1409” for “chapters 573, 1407, and 1409”.
2008—Pub. L. 110–417 substituted “62 years” for “60 years”.
1994—Pub. L. 103–337, § 1675(d)(4), substituted “573, 1407, and 1409” for “337, 363, 573, 837, and 863”.
Pub. L. 103–337, § 1662(h)(2), renumbered section 1007 of this title as this section.
1960—Pub. L. 86–559 inserted “or serving as United States property and fiscal officers” in section catchline, and inserted provisions in text authorizing retention of reserve commissioned officers who are property and fiscal officers, appointed, designated, or detailed under section 708 of title 32.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: 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.
heading: Effective Date of 1994 Amendment
text: Amendment by section 1675(d)(4) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
10 U.S.C. § 12682 (ARMED FORCES)
§ 12682. Reserves: discharge upon becoming ordained minister of religion
Under regulations to be prescribed by the Secretary of Defense, a Reserve who becomes a regular or ordained minister of religion is entitled upon his request to a discharge from his reserve enlistment or appointment.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2997.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 1162(b) of this title, prior to repeal by Pub. L. 103–337, § 1662(i)(2).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 12683 (ARMED FORCES)
§ 12683. Reserve officers: limitation on involuntary separation
(a) An officer of a reserve component who has at least five years of service as a commissioned officer may not be separated from that component without his consent except—
(1) under an approved recommendation of a board of officers convened by an authority designated by the Secretary concerned; or
(2) by the approved sentence of a court-martial.
(b) Subsection (a) does not apply to any of the following:
(1) A separation under section 12684, 14901, or 14907 of this title.
(2) A dismissal under section 1161(a) of this title.
(3) A transfer under section 12213, 12214, 14514, or 14515 of this title.
(4) A separation of an officer who is in an inactive status in the Standby Reserve and who is not qualified for transfer to the Retired Reserve or is qualified for transfer to the Retired Reserve and does not apply for such a transfer.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2997; amended Pub. L. 105–85, div. A, title V, § 516, Nov. 18, 1997, 111 Stat. 1733; Pub. L. 105–261, div. A, title X, § 1069(a)(8), Oct. 17, 1998, 112 Stat. 2136.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 1163(a) of this title, prior to repeal by Pub. L. 103–337, § 1662(i)(2).
heading: Amendments
text: 1998—Subsec. (b)(2). Pub. L. 105–261 substituted a period for “; or” at end.
1997—Subsec. (b). Pub. L. 105–85, § 516(a)(1), substi­tuted “apply to any of the following:” for “apply—” in introductory provisions.
Subsec. (b)(1). Pub. L. 105–85, § 516(b)(1), (2), substituted “A” for “to a” and “title.” for “title;”.
Subsec. (b)(2). Pub. L. 105–85, § 516(b)(3), which directed substitution of a period for “; and” at end of par. (2), could not be executed because “; and” did not appear in par. (2).
Pub. L. 105–85, § 516(b)(1), substituted “A” for “to a”.
Subsec. (b)(3). Pub. L. 105–85, § 516(b)(1), substituted “A” for “to a”.
Subsec. (b)(4). Pub. L. 105–85, § 516(a)(2), added par. (4).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 12684 (ARMED FORCES)
§ 12684. Reserves: separation for absence without authority or sentence to imprisonment
The President or the Secretary concerned may drop from the rolls of the armed force concerned any Reserve—
(1) who has been absent without authority for at least three months;
(2) who may be separated under section 12687 of this title by reason of a sentence to confinement adjudged by a court-martial; or
(3) who is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2998; amended Pub. L. 104–106, div. A, title V, § 563(b)(2), Feb. 10, 1996, 110 Stat. 325.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 1163(b) of this title, prior to repeal by Pub. L. 103–337, § 1662(i)(2).
heading: Amendments
text: 1996—Pub. L. 104–106 struck out “or” at end of par. (1), added par. (2), and redesignated former par. (2) as (3).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 12685 (ARMED FORCES)
§ 12685. Reserves separated for cause: character of discharge
A member of a reserve component who is separated for cause, except under section 12684 of this title, is entitled to a discharge under honorable conditions unless—
(1) the member is discharged under conditions other than honorable under an approved sentence of a court-martial or under the approved findings of a board of officers convened by an authority designated by the Secretary concerned; or
(2) the member consents to a discharge under conditions other than honorable with a waiver of proceedings of a court-martial or a board.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2998.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 1163(c) of this title, prior to repeal by Pub. L. 103–337, § 1662(i)(2).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 12686 (ARMED FORCES)
§ 12686. Reserves on active duty within two years of retirement eligibility: limitation on release from active duty
(a) Limitation.—
Under regulations to be prescribed by the Secretary concerned, which shall be as uniform as practicable, a member of a reserve component who is on active duty (other than for training) and is within two years of becoming eligible for retired pay or retainer pay under a purely military retirement system (other than the retirement system under chapter 1223 of this title), may not be involuntarily released from that duty before he becomes eligible for that pay, unless the release is approved by the Secretary.
(b) Waiver.—
With respect to a member of a reserve component who is to be ordered to active duty (other than for training) under section 12301 of this title pursuant to an order to active duty that specifies a period of less than 180 days and who (but for this subsection) would be covered by subsection (a), the Secretary concerned may require, as a condition of such order to active duty, that the member waive the applicability of subsection (a) to the member for the period of active duty covered by that order. In carrying out this subsection, the Secretary concerned may require that a waiver under the preceding sentence be executed before the period of active duty begins.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2998; amended Pub. L. 104–201, div. A, title V, § 533, Sept. 23, 1996, 110 Stat. 2520; Pub. L. 108–375, div. A, title V, § 522, Oct. 28, 2004, 118 Stat. 1888.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 1163(d) of this title, prior to repeal by Pub. L. 103–337, § 1662(i)(2).
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–375 inserted “(other than the retirement system under chapter 1223 of this title)” after “retirement system”.
1996—Pub. L. 104–201 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 12735 (ARMED FORCES)
§ 12735. Inactive status list
(a) A member who would be eligible for retired pay under this chapter but for the fact that that member is under 60 years of age may be transferred, at his request and by direction of the Secretary concerned, to such inactive status list as may be established for members of his armed force, other than members of a regular component.
(b) While on an inactive status list under subsection (a), a member is not required to participate in any training or other program prescribed for his component.
(c) The Secretary may at any time recall to active status a member who is on an inactive status list under subsection (a).
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1335; renumbered § 12735 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1335(a)
1335(b)
10:1036g (1st sentence).
34:440o (1st sentence).
10:1036g (2d sentence, less last 41 words).
34:440o (2d sentence, less last 41 words).
June 29, 1948, ch. 708, § 308 (less last 41 words of 2d sentence), 62 Stat. 1090.
1335(c)
10:1036g (less 1st and 2d sentences).
34:440o (less 1st and 2d sentences).
In subsection (a), the words “would be eligible but for the fact that he is under 60 years of age” are substituted for the words “has not attained the age of sixty years but is eligible in all other respects”. The words “for members of his armed force, other than members of a regular component” are substituted for the words “for the reserve components of the Army of the United States or Air Force of the United States”, since the source statute applied to all members except members of the regular components. The words “as has been, or” and “by law or regulation” are omitted as surplusage.
In subsection (b), the words “after the effective date of such transfer” are omitted as surplusage.
In subsection (c), 10:1036g (last 32 words of last sentence) and 34:440o (last 32 words of last sentence) are omitted as surplusage.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–337 renumbered section 1335 of this title as this section and amended text generally, making changes in style.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
10 U.S.C. § 12736 (ARMED FORCES)
§ 12736. Service credited for retired pay benefits not excluded for other benefits
No period of service included wholly or partly in determining a person’s right to, or the amount of, retired pay under this chapter may be excluded in determining his eligibility for any annuity, pension, or old-age benefit, under any other law, on account of civilian employment by the United States or otherwise, or in determining the amount payable under that law, if that service is otherwise properly credited under it.
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1336; renumbered § 12736 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1336
10:1036d (less 1st sentence).
34:440l (less 1st sentence).
June 29, 1948, ch. 708, § 305 (less 1st sentence), 62 Stat. 1089.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–337 renumbered section 1336 of this title as this section and restated catchline and text without change.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
10 U.S.C. § 12737 (ARMED FORCES)
§ 12737. Limitation on active duty
A member of the armed forces may not be ordered to active duty solely for the purpose of qualifying the member for retired pay under this chapter.
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1337; renumbered § 12737 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1337
10:1036h.
34:440p.
June 29, 1948, ch. 708, § 309, 62 Stat. 1090.
10:1036h (1st sentence) and 34:440p (1st sentence) are omitted as surplusage. The words “member of the armed forces” are substituted for the word “person”, since only a member may be “ordered to active duty”.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–337 renumbered section 1337 of this title as this section and amended text generally, substituting “the member” for “him”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.