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10 U.S.C. § 12644 — Members physically not qualified for active duty: discharge or transfer to retired status
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided by law, the Secretary concerned may provide for the honorable discharge or the transfer to a retired status of members of the reserve components under his jurisdiction who are found to be not physically qualified for active duty. However, no member of the Army National Guard of the United States or the Air National Guard of the United States may be transferred under this subsection without the consent of the governor or other appropriate authority of the jurisdiction concerned.
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Source file: Laws/federal/codes/united-states-code/title-10/section-12644-members-physically-not-qualified-for-active-duty-discharge-or-transfer-t--5a66607641.md
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Source location: Title 10, Chapter 1219, § 12644; chapter-1219-standards-and-procedures-for-retention-and-promotion.md
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Except as otherwise provided by law, the Secretary concerned may provide for the honorable discharge or the transfer to a retired status of members of the reserve components under his jurisdiction who are found to be not physically qualified for active duty. However, no member of the Army National Guard of the United States or the Air National Guard of the United States may be transferred under this subsection without the consent of the governor or other appropriate authority of the jurisdiction concerned.
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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
### Statutory Notes
Section 941, acts July 9, 1952, ch. 608, pt. II, § 217, 66 Stat. 486; July 30, 1956, ch. 789, § 4(a), 70 Stat. 729, related to qualifications for appointments and enlistments in the Reserves. See sections 12102, 12201, and 12204 of Title 10, Armed Forces. Act July 30, 1956, ch. 789, § 4(a), 70 Stat. 729, was repealed by Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1570.
Section 942, act July 9, 1952, ch. 608, pt. II, § 218, 66 Stat. 487, authorized the President, by and with the advice and consent of the Senate, to make appointments to general or flag officer grade. See [section 12203 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim).
Section 943, act July 9, 1952, ch. 608, pt. II, § 219, 66 Stat. 487, authorized the President to make appointments in commissioned grades below general or flag officer grades. See [section 12203 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim).
Section 944, act July 9, 1952, ch. 608, pt. II, § 220, 66 Stat. 487, related to appointments in warrant officer grades. See [section 12241 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12241&num=0&edition=prelim).
Section 945, act July 9, 1952, ch. 608, pt. II, § 221, 66 Stat. 487, related to tenure of appointments of commissioned officers. See [section 12203 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim).
Section 946, act July 9, 1952, ch. 608, pt. II, § 222, 66 Stat. 487, provided for a common Federal appointment for officers. See [section 12201(a) of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title
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Federal law — U.S. Code and appendices · legal_authorities
Page 3692
TITLE 10—ARMED FORCES
§ 12643
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
1002(a) .....
1002(b) .....
50:1192(b) (1st sentence,
less 11th through 29th
words).
50:1181(4).
50:1192(b) (less 1st sen-
tence).
Sept. 3, 1954, ch. 1257,
§§ 102(1) (as applicable
to § 202(b)), 102(4),
202(b), 68 Stat. 1149,
1150.
1002(c) .....
50:1181(1) (as applicable
to 50:1192(b)).
50:1192(b) (11th through
29th words of 1st sen-
tence).
In subsection (a), the word ‘‘minimum’’ is omitted as
surplusage. The last sentence is substituted for the
words ‘‘(not to exceed fifty)’’.
Editorial Notes
AMENDMENTS
2006—Subsec. (c). Pub. L. 109–163 struck out ‘‘and Ter-
ritories’’ after ‘‘States’’.
1994—Pub. L. 103–337, § 1662(h)(2), renumbered section
1002 of this title as this section.
Subsec. (a). Pub. L. 103–337, § 1675(d)(1)(A), substituted
‘‘12732(a)(2)’’ for ‘‘1332(a)(2)’’.
Subsec. (b). Pub. L. 103–337, § 1675(d)(1)(B), substituted
‘‘12645’’ for ‘‘1005’’.
1988—Subsec. (c). Pub. L. 100–456 struck out ‘‘the
Canal Zone,’’ after ‘‘Puerto Rico,’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–337 effective Dec. 1, 1994,
except as otherwise provided, see section 1691 of Pub. L.
103–337, set out as an Effective Date note under section
10001 of this title.
§ 12643. Boards for appointment, promotion, and
certain other purposes: composition
(a) Except as provided in section 612(a)(3) of
this title and except for boards that may be con-
vened to select Reserves for appointment in the
Regular Army, Regular Navy, Regular Air
Force, or Regular Marine Corps, each board con-
vened for the appointment, promotion, demo-
tion, involuntary release from active duty, dis-
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12644
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