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Title 10 — Armed ForcesRelease 119-73

§12645 Commissioned officers: retention until completion of required service

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1219— - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION › § 12645

Last updated Apr 6, 2026|Official source

Summary

A reserve commissioned officer who has not finished the service time required by section 651 or another law cannot be discharged or removed from active status under chapters 843, 1407, 1409, or 1411 of Title 10 or chapter 21 of Title 14. Unless the Secretary’s rules promote the officer to a higher reserve rank, the officer must stay on active status in their current reserve rank for the rest of the required service and counts as an extra person above the authorized number for that rank. The rule does not stop discharge or transfer for a commissioned warrant officer; for an officer found not qualified for promotion to first lieutenant (Army, Air Force, Marine Corps) or lieutenant (junior grade) (Navy); for an officer who has failed selection for promotion a second time to captain (Army, Air Force, Marine Corps) or to lieutenant (Navy); or when a law requires the discharge or transfer.

Full Legal Text

Title 10, §12645

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), a reserve commissioned officer who has not completed the period of service required of him by section 651 of this title or any other provision of law may not be discharged or transferred from an active status under chapter 843, 1407, 1409, or 1411 of this title or chapter 21 11 See References in Text note below. of title 14. Unless, under regulations prescribed by the Secretary concerned, he is promoted to a higher reserve grade, he shall be retained in an active status in his reserve grade for the rest of his period of required service and shall be an additional number to the authorized strength of his grade.
(b)Subsection (a) does not prevent the discharge or transfer from an active status of—
(1)a commissioned warrant officer;
(2)an officer on the active-duty list or a reserve active-status list who is found not qualified for promotion to the grade of first lieutenant, in the case of an officer of the Army, Air Force, or Marine Corps, or lieutenant (junior grade), in the case of an officer of the Navy;
(3)an officer on the active-duty list or reserve active-status list who has failed of selection for promotion for the second time to the grade of captain, in the case of an officer of the Army, Air Force, or Marine Corps, or to the grade of lieutenant, in the case of an officer of the Navy; or
(4)an officer whose discharge or transfer from an active status is required by law.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 100550:1181(1) (as applicable to 50: 1194).50:1194.Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 204), 204, 68 Stat. 1149, 1151. The word “subsequently” is omitted as surplusage.

Editorial Notes

References in Text

Chapter 21 of title 14, referred to in text, was comprised of sections 701 to 713 and 720 to 746, prior to the renumbering of such sections as sections 3701 to 3714 and 3731 to 3757, respectively, of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233. After renumbering, such sections now comprise chapter 37 (designated as chapter “1” in chapter analysis) of title 14.

Amendments

2018—Subsec. (a). Pub. L. 115–232 substituted “under chapter 843,” for “under chapter 573,”. 1996—Subsec. (b)(2). Pub. L. 104–201 inserted “or a reserve active-status list” after “active-duty list”. Subsec. (b)(3), (4). Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1627. See 1994 Amendment note below. 1994—Pub. L. 103–337, § 1662(h)(2), renumbered section 1005 of this title as this section. Subsec. (a). Pub. L. 103–337, § 1675(d)(2), substituted “573, 1407, 1409, or 1411” for “337, 361, 363, 573, 837, 861, or 863”. Subsec. (b)(3), (4). Pub. L. 103–337, § 1627, as amended by Pub. L. 104–106, added pars. (3) and (4). 1984—Pub. L. 98–525 substituted “(a) Except as provided in subsection (b), a reserve commissioned officer” for “A reserve commissioned officer, other than a commissioned warrant officer,”, struck out the comma before “may”, and added subsec. (b). 1975—Pub. L. 93–586 inserted reference to chapter 21 of title 14.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date

of 1994 AmendmentAmendment by section 1627 and 1675(d)(2) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) 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. § 12645

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73