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10 U.S.C. § 12645 — Commissioned officers: retention until completion of required service
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-10/section-12645-commissioned-officers-retention-until-completion-of-required-service--806eb7a83d.md
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Source location: Title 10, Chapter 1219, § 12645; chapter-1219-standards-and-procedures-for-retention-and-promotion.md
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**(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
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each person who becomes a member of an armed force, other than a person deferred under the next to the last sentence of section 6(d)(1) of the Military Selective Service Act ([50 U.S.C. 3806(d)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3806/d/1&num=0&edition=prelim)), shall serve in the armed forces for a total initial period of not less than six years nor more than eight years, as provided in regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when it is not operating as service in the Navy, unless such person is sooner discharged under such regulations because of personal hardship. Any part of such service that is not active duty or that is active duty for training shall be performed in a reserve component.
**(b)** Each person covered by subsection (a) who is not a Reserve, and who is qualified, shall, upon his release from active duty, be transferred to a reserve component to complete the service required by subsection (a).
**(c)**
(1) For the armed forces under the jurisdiction of the Secretary of Defense, the Secretary may waive the initial period of required service otherwise established pursuant to subsection (a) in the case of the initial appointment of a commissioned officer in a critically short health professional specialty specified by the Secretary for purposes of this subsection or in the case of an unrestricted officer designated within a cyberspace occupational specialty.
(2) The minimum period of obligated service for an officer under a waiver under this subsection shall be the greater of—
(A) two years;
(B) in the case of an officer who has accepted an accession bonus or executed a contract or
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 651
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12642
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorized Discharges.—** The Secretary of the military department concerned may discharge any reserve officer who—
(1) has less than six years of service in an active status as a commissioned officer; or
(2) is serving in the grade of second lieutenant or ensign and has been found not qualified for promotion to the grade of first lieutenant or lieutenant (junior grade).
**(b) Time for Discharge.—**
(1) An officer described in subsection (a)(2)—
(A) may be discharged at any time after being found not qualified for promotion; and
(B) if not sooner discharged, shall be discharged at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion.
(2) Paragraph (1) shall not apply if the officer is sooner promoted.
**(c) Regulations.—** Discharges under this section shall be made under regulations prescribed by the Secretary of Defense and may be made without regard to [section 12645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14503
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Separation.—** Under regulations prescribed by the Secretary of Defense, an officer on the reserve active-status list who is appointed or designated as a chaplain may, if the officer fails to maintain the qualifications needed to perform the professional function of a chaplain, be discharged. The authority under the preceding sentence applies without regard to the provisions of [section 12645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim).
**(b) Effect of Separation.—** If an officer separated under this section is eligible for retirement, the officer may be retired. If the officer has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the officer may be transferred to the Retired Reserve.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14901
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to [section 12645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim), an officer in an active status in the Navy Reserve in the permanent grade of lieutenant or lieutenant (junior grade), and an officer in an active status in the Marine Corps Reserve in the permanent grade of captain or first lieutenant, who is considered as having twice failed of selection for promotion to the next higher grade while on the active-duty list may, in the discretion of the Secretary of the Navy, be eliminated from an active status or released from active duty and placed on the reserve active-status list.
**(b)** An officer who is to be eliminated from an active status under subsection (a) shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve and, if he requests it, shall be so transferred. If he is not so transferred, he shall, in the discretion of the Secretary, be transferred to the appropriate inactive status list or be discharged from the Navy Reserve or the Marine Corps Reserve.
**(c)**
(1) An officer in an active status in the Navy Reserve in the permanent grade of lieutenant commander or commander, and an officer in an active status in the Marine Corps Reserve in the permanent grade of major or lieutenant colonel, who is considered as having twice failed of selection for promotion to the next higher grade while on the active-duty list shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve. If he is not so transferred, he shall be discharged from the Navy Reserve or the Marine Corps Reserve if he has completed a period of total commissioned service equal to that specified below for the permanent grade in whi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8373
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1191, acts Sept. 3, 1954, ch. 1257, title II, § 201, 68 Stat. 1150; June 30, 1955, ch. 247, § 1(a), 69 Stat. 218, related to constructive service credit on initial appointment. See [section 12207 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12207&num=0&edition=prelim), Armed Forces, and [section 3738 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3738&num=0&edition=prelim), Coast Guard.
Section 1192, act Sept. 3, 1954, ch. 1257, title II, § 202, 68 Stat. 1150, related to eligibility for promotion and to standards and qualifications for active status. See sections 12642 and 14301 et seq. of Title 10, Armed Forces, and [section 3743 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3743&num=0&edition=prelim), Coast Guard.
Section 1193, act Sept. 3, 1954, ch. 1257, title II, § 203, 68 Stat. 1150, related to appointment, composition, duration of service, quorum, and oath of service of selection boards, and to communications by officers eligible for promotion. See section 14101 et seq. of Title 10, Armed Forces, and [section 3741 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3741&num=0&edition=prelim), Coast Guard.
Section 1194, act Sept. 3, 1954, ch. 1257, title II, § 204, 68 Stat. 1151, authorized retention of officers with incomplete reserve service. See [section 12645 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim), Armed Forces.
Section 1195, acts Sept. 3, 1954, ch. 1257, title II, § 205, 68 Stat. 1151; June 30, 1955, ch. 247, § 1(b), 69 Stat. 218, related to retention of officers with eighteen or more ye
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1191 to 1202
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Federal law — U.S. Code and appendices · legal_authorities
Page 3693
TITLE 10—ARMED FORCES
§ 12645
1 See References in Text note below.
are omitted as surplusage. The words ‘‘execute and’’
are inserted for clarity.
In subsection (c), the words ‘‘under his jurisdiction’’
are inserted for clarity.
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–337, § 1662(h)(2), (4)(B), renumbered
section 1004 of this title as this section and substituted
‘‘Members physically not qualified for active duty: dis-
charge or transfer to retired status’’ for ‘‘Physical ex-
amination’’ as section catchline.
Pub. L. 103–337, § 1661(a)(4), struck out ‘‘(c)’’ before
‘‘Except as otherwise provided’’ and struck out subsecs.
(a) and (b) which read as follows:
‘‘(a) Each member of the Ready Reserve who is not on
active duty shall—
‘‘(1) be examined as to his physical fitness every
five years, or more often as the Secretary concerned
considers necessary; and
‘‘(2) execute and submit annually a certificate of
physical condition.
Each Reserve in an active status, or on an inactive sta-
tus list, who is not on active duty shall execute and
submit annually a certificate of physical condition.
‘‘(b) The kind of duty to which a Reserve ordered to
active duty may be assigned shall be considered in de-
termining physical qualifications for active duty.’’
1993—Subsec. (a)(1). Pub. L. 103–160 substituted ‘‘five
years’’ for ‘‘four years’’.
1960—Subsec. (a). Pub. L. 86–603 limited the require-
ment for a physical examination every four years, and
for the annual execution of a certificate of physical
condition, to the Ready Reserve, and also required each
Reserve in an active status, or on an inactive status
list, who is not on active duty to execute and submit
annually a certificate of physical condition.
Statutory Notes and Related Subsidiaries
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12645
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