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. 12642 - Standards and qualifications: result of failure to comply with

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Citation 10 U.S.C. § 12642 (2017)
Section Name §12642. Standards and qualifications: result of failure to comply with
Section Text

(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.

Source Credit

(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.)

Editorial Notes
Historical and Revision Notes
Revised sectionSource (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)".

AMENDMENTS

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,".

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. 12642 - Standards and qualifications: result of failure to comply with
Contains section 12642
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 68 Stat. 1149
72 Stat. 1443
102 Stat. 2059
108 Stat. 2996
119 Stat. 3440
Public Law References Public Law 85-861, Public Law 100-456, Public Law 103-337, Public Law 109-163
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