2017 US Code
Title 10 - Armed Forces
Subtitle E - Reserve Components
Part II - Personnel Generally
Chapter 1219 - Standards and Procedures for Retention and Promotion
Sec. 12641 - Standards and procedures: Secretary to prescribe

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Citation 10 U.S.C. § 12641 (2017)
Section Name §12641. Standards and procedures: Secretary to prescribe
Section Text

(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.

Source Credit

(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.)

Editorial Notes
Historical and Revision Notes
Revised sectionSource (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.

AMENDMENTS

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.

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.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1219 - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
Sec. 12641 - Standards and procedures: Secretary to prescribe
Contains section 12641
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 62 Stat. 1088
108 Stat. 2996
Public Law References Public Law 103-337
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