10 U.S.C. · Armed Forces
10 U.S.C. § 12641

Standards and procedures: Secretary to prescribe

Ch. 1219 — STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
Title 10 U.S.C. ● ACTIVE Primary Source Ch. 1219
Statutory Text

10 U.S.C. § 12641 — Standards and procedures: Secretary to prescribe

U.S.C. Title 10 - ARMED FORCES 10 U.S.C. United States Code, 2023 Edition 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 From the U.S. Government Publishing Office, www.gpo.gov

§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.)

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.

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

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.

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