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10 U.S.C. § 12641 — Standards and procedures: Secretary to
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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Source file: Laws/federal/codes/united-states-code-2024/title-10/section-12641-standards-and-procedures-secretary-to--b232f35e92.md
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Source location: USCODE-2024-title10-subtitleE-partII-chap1219-sec12641.pdf
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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.
§ 12641. Standards and procedures: Secretary to
prescribe
(a) The Secretary concerned shall, by regula-
tion, prescribe—
(1) standards and qualifications for the re-
tention and promotion of members of the re-
serve components under his jurisdiction; and
(2) equitable procedures for the periodic de-
termination of the compliance of each such
Reserve with those standards and qualifica-
tions.
(b) If a Reserve fails to comply with the stand-
ards and qualifications prescribed under sub-
section (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 ter-
minated.
(Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1001; re-
numbered § 12641 and amended Pub. L. 103–337,
div. A, title XVI, § 1662(h)(2), (4)(A), Oct. 5, 1994,
108 Stat. 2996.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
1001(a) .....
1001(b) .....
10:1036c (1st sentence).
34:440k (1st sentence).
10:1036c (2d sentence).
34:440k (2d sentence).
June 29, 1948, ch. 708, § 304
(less last sentence), 62
Stat. 1088.
In subsection (a), the words ‘‘As soon as may be prac-
ticable after the effective date of sections 1036–1036i
[440h–440q] of this title’’ are omitted as executed. The
words ‘‘not inconsistent with said sections or any other
Act’’ and ‘‘appropriate’’ are omitted as surplusage.
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–337 renumbered section 1001 of this
title as this section and substituted ‘‘Standards and
procedures: Secretary to prescribe’’ for ‘‘Secretary to
prescribe’’ as section catchline.
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.
§ 12642. Standards and qualifications: result of
failure to comply with
(a) To be retained in an active status, a re-
serve commissioned officer must, in any applica-
ble yearly period, attain the number of points
under section 12732(a)(2) of this title prescribed
by the Secretary concerned, with the approval
of the Secretary of Defense in the case of a Sec-
retary of a military department, and must con-
form 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, a re-
serve commissioned officer who fails to attain
the number of points, or to conform to the
standards and qualifications, prescribed in sub-
section (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 there-
for; or
(3) if he is not transferred to the Retired Re-
serve or an inactive status, be discharged from
his reserve appointment.
(c) This section does not apply to commis-
sioned warrant officers or to adjutants general
or assistant adjutants general of States, Puerto
Rico, and the District of Columbia.
(Added Pub. L. 85–861, § 1(22)(A), Sept. 2, 1958, 72
Stat. 1443, § 1002; amended Pub. L. 100–456, div. A,
title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059;
renumbered § 12642 and amended Pub. L. 103–337,
div. A, title XVI, §§ 1662(h)(2), 1675(d)(1), Oct. 5,
1994, 108 Stat. 2996, 3018; Pub. L. 109–163, div. A,
title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.)
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12641
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Commissioned officers of the Service or their surviving beneficiaries are entitled to all the rights, benefits, privileges, and immunities now or hereafter provided for commissioned officers of the Army or their surviving beneficiaries under the following provisions of title 10:
(1) Section 1036,11 See References in Text note below. Escorts for dependents of members: transportation and travel allowances.
(2) Chapter 61, Retirement or Separation for Physical Disability, except that sections 1201, 1202, and 1203 do not apply to commissioned officers of the Public Health Service who have been ordered to active duty for training for a period of more than 30 days.
(3) Chapter 69, Retired Grade, except sections 1370,1 1374,1 1375 and 1376(a).1
(4) Chapter 71, Computation of Retired Pay, except formula No. 3 of section 1401.1
(5) Chapter 73, Retired Serviceman’s Family Protection Plan; Survivor Benefit Plan.
(6) Chapter 75, Death Benefits.
(7) Section 2771, Final settlement of accounts: deceased members.
(8) Chapter 163, Military Claims, but only when commissioned officers of the Service are entitled to military benefits under [section 213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section213&num=0&edition=prelim).
(9) Section 2603, Acceptance of fellowships, scholarships, or grants.
(10) Section 2634,1 Motor vehicles: for members on permanent change of station.
(11) Section 1035, Deposits of Savings.
(12) Section 1552, Correction of military records: claims incident thereto.
(13) Section 1553, Review of discharge or dismissal.
(14) Section 1554, Review of retirement or separation without pay for physical disability.
(15) Section 1124, Cash awards for suggestions, inventions, or scientific achievements.
(16) Sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 214
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 214. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 81
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 214
37, Pay and Allowances of the Uniformed Services, by
Pub. L. 87–649, § 1, Sept. 7, 1962, 76 Stat. 451.
AMENDMENTS
2020—Subsec.
(a)(19)
to
(21).
Pub.
L.
116–136,
§ 3214(d)(1), added pars. (19) to (21).
Subsec. (b). Pub. L. 116–136, § 3214(d)(2)(B)–(D), des-
ignated first and second sentences as pars. (1) and (2),
respectively, and added par. (3).
Pub. L. 116–136, § 3214(d)(2)(A), substituted ‘‘Secretary
of Health and Human Services or the designee of such
Secretary’’ for ‘‘Secretary of Health, Education, and
Welfare or his designee’’.
2012—Subsec. (a)(18). Pub. L. 112–144, § 1129(a), added
par. (18).
Subsec. (b). Pub. L. 112–144, § 1129(b), inserted at end
‘‘For purposes of paragraph (18) of subsection (a), the
term ‘Inspector General’ in section 1034 of such title 10
shall mean the Inspector General of the Department of
Health and Human Services.’’
2001—Subsec. (a)(17). Pub. L. 107–107 added cl. (17).
1997—Subsec. (a)(16). Pub. L. 105–85 added cl. (16).
1985—Subsec. (a)(15). Pub. L. 99–117 added cl. (15).
1980—Subsec. (a)(3). Pub. L. 96–513 inserted reference
to section 1370 of title 10.
1979—Subsec. (a)(12) to (14). Pub. L. 96–76 added cls.
(12) to (14).
1972—Subsec. (a)(5). Pub. L. 92–425 substituted ‘‘Re-
tired Serviceman’s Family Protection Plan; Survivor
Benefit Plan’’ for ‘‘Annuities Based on Retired or Re-
tainer Pay’’.
1966—Subsec. (a)(11). Pub. L. 89–538 added cl. (11).
1964—Subsec. (a)(10). Pub. L. 88–431 added cl. (10).
1963—Subsec. (b). Pub. L. 88–132 inserted reference to
Secretary of Defense.
1962—Subsec. (a). Pub. L. 87–555 added cl. (9). Notwith-
standing directory language that section be amended
by ‘‘adding the following new clause at the end there-
of’’, the amen
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 214
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 214. This identifies an authority to review, not proof of applicability.