10 U.S.C. § 12642 — Standards and qualifications: result of

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.) 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’’