Title 10 — Armed ForcesRelease 119-73not60
§12645 Commissioned Officers: Retention Until Completion of Required Service
Title 10 › Subtitle Subtitle E— Reserve Components › Part II— PERSONNEL GENERALLY › Chapter 1219— STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION › § 12645
Summary
If a reserve commissioned officer still owes the service time required by section 651 or another law, they cannot be removed from active duty under chapters 843, 1407, 1409, or 1411 or chapter 21 of title 14. They must remain in their reserve rank until that required time ends and count as an extra person in that rank, unless the Secretary concerned promotes them. Exceptions cover commissioned warrant officers; officers judged unfit for certain first promotions; officers passed over twice for certain higher promotions; and officers whose discharge or transfer is required by law.
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 3, 2026
Release point: 119-73not60