§12643 — Title 10 Armed Forces | U.S. Code

Summary

Boards that decide about appointing, promoting, demoting, involuntarily taking someone off active duty, discharging, or retiring Reserves must include at least one member of the Reserves. Two exceptions apply: a rule in another part of the law, and boards that pick Reserves for appointment into the Regular Army, Navy, Air Force, or Marine Corps. The Secretary in charge picks how many Reservists must serve on each board. Every board member must be a higher rank than the people under review. But a person giving legal advice to the board may be lower in rank than anyone being considered, except they must not be lower than a judge advocate or a law specialist. A person giving medical advice may be lower in rank than anyone being considered, except they must not be lower than a medical officer.

Title 10, §12643

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (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.

Editorial Notes

Amendments

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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment 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.

§12643 Boards for appointment, promotion, and certain other purposes: composition