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10 U.S.C. § 647 — Force shaping authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** 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) Covered Officers.—**
(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) Appointment of Transferred Officers.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim).
**(d) Regulations.—** The Secretary concerned shall prescribe regulations for the exercise of the Secretary’s authority under this section.
**(e) Space Force.—** For a similar provision with respect to officers of the Space Force, see [section 20405 of this title](https://uscode.house.gov/view.xhtml?req=granule
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Stable record: federal_law:legal_authorities:record_usc_a7706adb47eacba6c8162400
Source file: Laws/federal/codes/united-states-code/title-10/section-647-force-shaping-authority--1153551dba.md
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Source location: Title 10, Chapter 36, § 647; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md
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**(a) Authority.—** 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) Covered Officers.—**
(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) Appointment of Transferred Officers.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203&num=0&edition=prelim).
**(d) Regulations.—** The Secretary concerned shall prescribe regulations for the exercise of the Secretary’s authority under this section.
**(e) Space Force.—** For a similar provision with respect to officers of the Space Force, see [section 20405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20405&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of the Air Force may, solely for the purpose of restructuring the Space Force—
(1) discharge an officer described in subsection (b); or
(2) involuntarily release such an officer from sustained duty.
**(b) Covered Officers.—**
(1) The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty 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 the minimum service obligation applicable to that officer.
(2) In this subsection, the term “minimum service obligation”, with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial period of required active duty service.
**(c) Regulations.—** The Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary’s authority under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20405
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Appointments of reserve officers in commissioned grades of lieutenant colonel and commander or below, except commissioned warrant officer, shall be made by the President alone. Appointments of reserve officers in commissioned grades above lieutenant colonel and commander shall be made by the President, by and with the advice and consent of the Senate, except as provided in section 624, 12213, or 12214 of this title.
**(b)** Subject to the authority, direction, and control of the President, the Secretary of Defense may appoint as a reserve commissioned officer any regular officer transferred from the active-duty list of an armed force to the reserve active-status list of a reserve component under [section 647 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section647&num=0&edition=prelim), notwithstanding the requirements of subsection (a).
**(c)** Appointments of Reserves in commissioned grades are for an indefinite term and are held during the pleasure of the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12203
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Original appointments in the grades of second lieutenant, first lieutenant, and captain in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy shall be made by the President alone.
(2) Original appointments in the grades of major, lieutenant colonel, and colonel in the Regular Army, Regular Air Force, Regular Marine Corps, and Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate.
**(b)** The grade of a person receiving an appointment under this section who at the time of appointment (1) is credited with service under [section 533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533&num=0&edition=prelim), and (2) is not a commissioned officer of a reserve component shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited. The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component is determined under [section 533(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533/f&num=0&edition=prelim).
**(c)** Subject to the authority, direction, and control of the President, an original appointment as a commissioned officer in the Regular Army, Regular Air Force, Regular Navy, Regular Marine Corps, or Space Force may be made by the Secretary of Defense in the case of a reserve commissioned officer upon the transfer of such officer from the reserve active-status list of a reserve component of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 531
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Members Involuntarily Separated From Active Duty.—** The Secretary of Defense shall prescribe regulations to allow a member of the armed forces who is involuntarily separated from active duty during the period beginning on October 1, 2007, and ending on December 31, 2018, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary concerned shall implement this provision for Coast Guard members involuntarily separated during the same period.
**(b) Members Involuntarily Separated From Selected Reserve.—** The Secretary of Defense shall prescribe regulations to allow a member of the Selected Reserve of the Ready Reserve who is involuntarily separated from the Selected Reserve as a result of the exercise of the force shaping authority of the Secretary concerned under [section 647 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section647&num=0&edition=prelim) or other force shaping authority during the period beginning on October 1, 2007, and ending on December 31, 2018, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary concerned shall implement this provision for Coast Guard members involuntarily separated during the same period when the Coast Guard is not operating as a service in the Navy.
**(c) Members Receiving Sole Survivorship Discharge.—** A member of the armed forces who receives a sole survivorship discharge (as defined in [section 1174(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-secti
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1146
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regular Officers.—**
(1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 8372 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1).
(2) A regular commissioned officer of the Army, Navy, Air Force or Marine Corps who is discharged under section 630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay.
(3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under [section 614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim).
(4) Notwithstanding paragraphs (1) and (2), an officer wh
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1174
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) To become an officer of a reserve component a person must be appointed as a Reserve of an armed force in a grade corresponding to a grade authorized for the regular component of the armed force concerned and, except as provided in paragraph (2), subscribe to the oath prescribed by [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim). In addition, to become an officer of the Army National Guard of the United States or the Air National Guard of the United States, he must first be appointed to, and be federally recognized in, the same grade in the Army National Guard or the Air National Guard, as the case may be.
(2) If an officer is transferred from the active-duty list of an armed force to a reserve active-status list of an armed force in accordance with regulations prescribed by the Secretary of Defense, the officer is not required to subscribe to the oath referred to in paragraph (1) in order to qualify for an appointment under that paragraph.
**(b)** Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifications for the appointment of persons as Reserves of the armed forces under his jurisdiction. However, no person may be appointed as a Reserve unless he is at least 18 years of age and—
(1) he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act ([8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.); or
(2) he has previously served in the armed forces or in the National Security Training Corps.
**(c)** A person who is otherwise quali
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12201
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Federal law — U.S. Code and appendices · legal_authorities
Page 633
TITLE 10—ARMED FORCES
§ 649a
signment give appropriate consideration to the
performance of an officer as a member of the
Joint Staff.
(Added Pub. L. 98–525, title XIII, § 1301(d)(1), Oct.
19, 1984, 98 Stat. 2612; amended Pub. L. 116–283,
div. A, title IX, § 924(b)(1)(C), Jan. 1, 2021, 134
Stat. 3820.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283 substituted ‘‘Marine Corps, and
Space Force’’ for ‘‘and Marine Corps’’.
§ 647. Force shaping authority
(a)
AUTHORITY.—The
Secretary
concerned
may, solely for the purpose of restructuring an
armed force under the jurisdiction of that Sec-
retary—
(1) discharge an officer described in sub-
section (b); or
(2) transfer such an officer from the active-
duty list of that armed force to the reserve ac-
tive-status list of a reserve component.
(b) COVERED
OFFICERS.—(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 ac-
tive duty service.
(c) APPOINTMENT OF TRANSFERRED OFFICERS.—
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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 647
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.