Title 10 — Armed ForcesRelease 119-73not60
§12641 Standards and Procedures: Secretary to Prescribe
Title 10 › Subtitle Subtitle E— Reserve Components › Part II— PERSONNEL GENERALLY › Chapter 1219— STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION › § 12641
Summary
The Secretary must write rules that set standards for keeping and promoting reserve members and fair procedures to check compliance. If a reservist fails, he may, if qualified, be moved to inactive status, retired without pay, or have his appointment or enlistment ended.
Full Legal Text
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.
Legislative History
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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 12641
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60