10 U.S.C. § 12643 — Boards for appointment, promotion, and

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- charge, or retirement of Reserves shall include at least one member of the Reserves, with the exact number of Reserves determined by the Secretary concerned in his discretion. (b) Each member of a board convened for the selection for promotion, or for the demotion or discharge, of Reserves must be senior in rank to the persons under consideration by that board. However, a member serving in a legal advisory capacity may be junior in rank to any person, other than a judge advocate or law specialist, being considered by that board; and a member serving in a medical advisory capacity may be junior in rank to any person, other than a med- ical officer, being considered by that board. (Aug. 10, 1956, ch. 1041, 70A Stat. 11, § 266; Pub. L. 96–513, title V, § 501(4), Dec. 12, 1980, 94 Stat. 2907; Pub. L. 97–22, § 2(c), July 10, 1981, 95 Stat. 124; re- numbered § 12643, Pub. L. 103–337, div. A, title XVI, § 1662(h)(2), Oct. 5, 1994, 108 Stat. 2996.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 266(a) ...... 266(b) ...... 50:1005(a). 50:1005(b). July 9, 1952, ch. 608, § 254, 66 Stat. 496. In subsection (a), the words ‘‘under * * * prescribed’’ are substituted for the words ‘‘in accordance * * * es- tablished’’. In subsection (b), the words ‘‘in rank’’ and ‘‘by that board’’ are inserted for clarity. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 266 of this title as this section. 1981—Subsec. (a). Pub. L. 97–22 substituted ‘‘Except as provided in section 612(a)(3) of this title and except for Boards that may be convened to select Reserves for ap- pointment in the Regular Army, Regular Navy, Reg- ular Air Force, or Regular Marine Corps, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or re- tirement of Reserves shall include at least one member of the Reserves, with the exact number of Reserves de- termined by the Secretary concerned in his discretion’’ for ‘‘Except as provided in section 612(a)(3) of this title, each board convened for the appointment, promotion, demotion, involuntary release from active duty, dis- charge, or retirement of Reserves shall include an ap- propriate number of Reserves, as prescribed by the Sec- retary concerned under standards and policies pre- scribed by the Secretary of Defense’’. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘Except as provided in section 612(a)(3) of this title, each’’ for ‘‘Each’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. § 12644. Members physically not qualified for ac- tive duty: discharge or transfer to retired status Except as otherwise provided by law, the Sec- retary 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 ap- propriate authority of the jurisdiction con- cerned. (Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1004; Pub. L. 86–603, § 1(1), July 7, 1960, 74 Stat. 357; Pub. L. 103–160, div. A, title V, § 519, Nov. 30, 1993, 107 Stat. 1651; renumbered § 12644 and amended Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(4), 1662(h)(2), (4)(B), Oct. 5, 1994, 108 Stat. 2980, 2996, 2997.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1004(a) ..... 1004(b) ..... 1004(c) ..... 50:949. 50:950 (last sentence). 50:950 (less last sen- tence). July 9, 1952, ch. 608, §§ 225, 226, 66 Stat. 488. In subsection (a), the words ‘‘Each * * * who is not on active duty’’ are substituted for the words ‘‘when not on active duty all’’. The words ‘‘examined as to his physical fitness’’ are substituted for the words ‘‘given physical examinations’’. The words ‘‘be required to’’