§12641 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary must make rules that set standards for keeping and promoting reserve members under his control and must create fair procedures to check regularly whether each reserve follows those standards. If a reserve member fails to meet the standards, the Secretary must either move them to inactive reserve status if eligible, retire them without pay if eligible, or end their appointment or enlistment.

Title 10, §12641

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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 section 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 AmendmentAmendment 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.

§12641 Standards and procedures: Secretary to prescribe

Summary

Title 10, §12641

Notes & Related Subsidiaries

Historical and Revision Notes

Effective Date

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata