Title 10Armed ForcesRelease 119-73

§12644 Members physically not qualified for active duty: discharge or transfer to retired status

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1219— - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION › § 12644

Last updated Apr 6, 2026|Official source

Summary

The Secretary in charge may give an honorable discharge or move reserve members under his control who are found physically unfit for active duty into retired status, unless another law says otherwise. But members of the Army National Guard or the Air National Guard cannot be moved this way without the agreement of their governor or the proper state authority.

Full Legal Text

Title 10, §12644

Armed Forces — Source: USLM XML via OLRC

Except as otherwise provided by law, the Secretary concerned may provide for the honorable discharge or the transfer to a retired status of members of the reserve components under his jurisdiction who are found to be not physically qualified for active duty. However, no member of the Army National Guard of the United States or the Air National Guard of the United States may be transferred under this subsection without the consent of the governor or other appropriate authority of the jurisdiction concerned.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 1004(a)1004(b)1004(c)50:949.50:950 (last sentence).50:950 (less last sentence).July 9, 1952, ch. 608, §§ 225, 226, 66 Stat. 488. In subsection (a), the words “Each * * * who is not on active duty” are substituted for the words “when not on active duty all”. The words “examined as to his physical fitness” are substituted for the words “given physical examinations”. The words “be required to” are omitted as surplusage. The words “execute and” are inserted for clarity. In subsection (c), the words “under his jurisdiction” are inserted for clarity.

Editorial Notes

Amendments

1994—Pub. L. 103–337, § 1662(h)(2), (4)(B), renumbered section 1004 of this title as this section and substituted “Members physically not qualified for active duty: discharge or transfer to retired status” for “Physical examination” as section catchline. Pub. L. 103–337, § 1661(a)(4), struck out “(c)” before “Except as otherwise provided” and struck out subsecs. (a) and (b) which read as follows: “(a) Each member of the Ready Reserve who is not on active duty shall— “(1) be examined as to his physical fitness every five years, or more often as the Secretary concerned considers necessary; and “(2) execute and submit annually a certificate of physical condition. Each Reserve in an active status, or on an inactive status list, who is not on active duty shall execute and submit annually a certificate of physical condition. “(b) The kind of duty to which a Reserve ordered to active duty may be assigned shall be considered in determining physical qualifications for active duty.” 1993—Subsec. (a)(1). Pub. L. 103–160 substituted “five years” for “four years”. 1960—Subsec. (a). Pub. L. 86–603 limited the requirement for a physical examination every four years, and for the annual execution of a certificate of physical condition, to the Ready Reserve, and also required each Reserve in an active status, or on an inactive status list, who is not on active duty to execute and submit annually a certificate of physical condition.

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12644

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73