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Title 10 — Armed ForcesRelease 119-73not60

§647 Force Shaping Authority

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 36— PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › Subchapter V— ADDITIONAL PROVISIONS RELATING TO PROMOTION, SEPARATION, AND RETIREMENT › § 647

Last updated Apr 3, 2026|Official source

Summary

A service secretary may, only to reorganize their military force, either discharge certain officers or move them from active duty to a reserve active-status list. This can be used for officers (not including Space Force) who have served six years or less as commissioned officers, or who have served more than six years but still have not finished their required minimum service. "Minimum service obligation" means the initial required active-duty time plus any extra required time added during that initial period. If a Regular Army, Air Force, Navy, or Marine Corps officer is moved this way, they must be taken off the regular force and appointed as a reserve commissioned officer. The secretary must create rules for using this power. Space Force officers are handled under a separate rule.

Full Legal Text

Title 10, §647

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary concerned may, solely for the purpose of restructuring an armed force under the jurisdiction of that Secretary—
(1)discharge an officer described in subsection (b); or
(2)transfer such an officer from the active-duty list of that armed force to the reserve active-status list of a reserve component.
(b)(1)The authority under this section may be exercised in the case of an officer (other than an officer of the Space Force) who—
(A)has completed not more than six years of service as a commissioned officer in the armed forces; or
(B)has completed more than six years of service as a commissioned officer in the armed forces, but has not completed a minimum service obligation applicable to that member.
(2)In this subsection, the term “minimum service obligation” means the initial period of required active duty service together with any additional period of required active duty service incurred during the initial period of required active duty service.
(c)An officer of the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active-status list under this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under section 12203 of this title.
(d)The Secretary concerned shall prescribe regulations for the exercise of the Secretary’s authority under this section.
(e)For a similar provision with respect to officers of the Space Force, see section 20405 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (b). Pub. L. 118–31, § 1718(b)(1), inserted “(other than an officer of the Space Force)” after “in the case of an officer” in introductory provisions. Subsec. (c). Pub. L. 118–31, § 1718(b)(2), which directed amendment of subsec. (c) by substituting “or Regular Marine Corps” for “Regular Marine Corps, of Regular Space Force”, was executed by making the substitution for “Regular Marine Corps, or Regular Space Force” to reflect the probable intent of Congress. Subsec. (e). Pub. L. 118–31, § 1718(b)(3), added subsec. (e). 2021—Subsec. (a)(2). Pub. L. 116–283, § 924(b)(16), struck out “of that armed force” before period at end. Subsec. (c). Pub. L. 116–283, § 924(b)(4)(H), substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”. 2008—Subsec. (b)(1)(A), (B). Pub. L. 110–181 substituted “six years” for “5 years”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108–375, set out as an

Effective Date

of 2004 Amendment note under section 531 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 647

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60