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10 U.S.C. § 12641 — Standards and procedures: Secretary to prescribe
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_6a92c01326abb4a756475d6c
Source file: Laws/federal/codes/united-states-code/title-10/section-12641-standards-and-procedures-secretary-to-prescribe--be89e06317.md
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Source location: Title 10, Chapter 1219, § 12641; chapter-1219-standards-and-procedures-for-retention-and-promotion.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
Provisions of law relating to standards and procedures for retention and promotion of members of reserve components are set forth in chapter 1219 of this title (beginning with section 12641).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1001
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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)** Service in an inactive status may not be counted in any computation of years of service under this chapter.
**(b)** Time spent after retirement (without pay) for failure to conform to standards and qualifications prescribed under [section 12641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12641&num=0&edition=prelim) may not be credited in a computation of years of service under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12734
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12641
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