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10 U.S.C. § 12642 — Standards and qualifications: result of failure to comply with

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12642 — Standards and qualifications: result of failure to comply with

**(a)** To be retained in an active status, a reserve commissioned officer must, in any applicable yearly period, attain the number of points under [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim) prescribed by the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, and must conform to such other standards and qualifications as the Secretary concerned may prescribe. The Secretary may not prescribe a minimum of more than 50 points under this subsection. **(b)** Subject to [section 12645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim), a reserve commissioned officer who fails to attain the number of points, or to conform to the standards and qualifications, prescribed in subsection (a) shall— (1) be transferred to the Retired Reserve if he is qualified and applies therefor; (2) if he is not qualified or does not apply for transfer to the Retired Reserve, be transferred to an inactive status, if he is qualified therefor; or (3) if he is not transferred to the Retired Reserve or an inactive status, be discharged from his reserve appointment. **(c)** This section does not apply to commissioned warrant officers or to adjutants general or assistant adjutants general of States, Puerto Rico, and the District of Columbia.

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Source file: Laws/federal/codes/united-states-code/title-10/section-12642-standards-and-qualifications-result-of-failure-to-comply-with--f71a48bf95.md
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Source location: Title 10, Chapter 1219, § 12642; chapter-1219-standards-and-procedures-for-retention-and-promotion.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12645 — Commissioned officers: retention until completion of required service

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section651&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12642 — Standards and qualifications: result of

Page 3691 TITLE 10—ARMED FORCES § 12642 of a flag under subsection (a) if the member has previously been presented a flag under this sec- tion or any provision of law providing for the presentation of a United States flag incident to release from active service for retirement. (c) NO COST TO RECIPIENT.—The presentation of a flag under this section shall be at no cost to the recipient. (Added Pub. L. 106–65, div. A, title VI, § 652(a)(1), Oct. 5, 1999, 113 Stat. 664.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–65, div. A, title VI, § 652(d), Oct. 5, 1999, 113 Stat. 665, provided that: ‘‘Section 12605 of title 10, United States Code (as added by subsection (a)), section 213 of the Public Health Service Act [42 U.S.C. 214] (as added by subsection (b)), and section 25 of the Coast and Geodetic Survey Commissioned Officers’ Act of 1948 [33 U.S.C. 853v] (as added by subsection (c)) shall apply with respect to releases from service described in those sections on or after October 1, 1999.’’ CHAPTER 1219—STANDARDS AND PROCE- DURES FOR RETENTION AND PROMOTION Sec. 12641. Standards and procedures: Secretary to pre- scribe. 12642. Standards and qualifications: result of failure to comply with. 12643. Boards for appointment, promotion, and cer- tain other purposes: composition. 12644. Members physically not qualified for active duty: discharge or transfer to retired sta- tus. 12645. Commissioned officers: retention until com- pletion of required service. 12646. Commissioned officers: retention of after completing 18 or more, but less than 20, years of service. 12647. Commissioned officers: retention in active status while assigned to Selective Service System or serving as United States prop- erty and fiscal officers.

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