10 U.S.C. § 12645 — Commissioned officers: retention until

Page 3693 TITLE 10—ARMED FORCES § 12645 1 See References in Text note below. are omitted as surplusage. The words ‘‘execute and’’ are inserted for clarity. In subsection (c), the words ‘‘under his jurisdiction’’ are inserted for clarity. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337, § 1662(h)(2), (4)(B), renumbered section 1004 of this title as this section and substituted ‘‘Members physically not qualified for active duty: dis- charge or transfer to retired status’’ for ‘‘Physical ex- amination’’ as section catchline. Pub. L. 103–337, § 1661(a)(4), struck out ‘‘(c)’’ before ‘‘Except as otherwise provided’’ and struck out subsecs. (a) and (b) which read as follows: ‘‘(a) Each member of the Ready Reserve who is not on active duty shall— ‘‘(1) be examined as to his physical fitness every five years, or more often as the Secretary concerned considers necessary; and ‘‘(2) execute and submit annually a certificate of physical condition. Each Reserve in an active status, or on an inactive sta- tus list, who is not on active duty shall execute and submit annually a certificate of physical condition. ‘‘(b) The kind of duty to which a Reserve ordered to active duty may be assigned shall be considered in de- termining physical qualifications for active duty.’’ 1993—Subsec. (a)(1). Pub. L. 103–160 substituted ‘‘five years’’ for ‘‘four years’’. 1960—Subsec. (a). Pub. L. 86–603 limited the require- ment for a physical examination every four years, and for the annual execution of a certificate of physical condition, to the Ready Reserve, and also required each Reserve in an active status, or on an inactive status list, who is not on active duty to execute and submit annually a certificate of physical condition. 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. § 12645. Commissioned officers: retention until completion of required service (a) Except as provided in subsection (b), a re- serve commissioned officer who has not com- pleted the period of service required of him by section 651 of this title or any other provision of law may not be discharged or transferred from an active status under chapter 843, 1407, 1409, or 1411 of this title or chapter 21 1 of title 14. Un- less, under regulations prescribed by the Sec- retary concerned, he is promoted to a higher re- serve grade, he shall be retained in an active status in his reserve grade for the rest of his pe- riod of required service and shall be an addi- tional number to the authorized strength of his grade. (b) Subsection (a) does not prevent the dis- charge or transfer from an active status of— (1) a commissioned warrant officer; (2) an officer on the active-duty list or a re- serve active-status list who is found not quali- fied for promotion to the grade of first lieuten- ant, in the case of an officer of the Army, Air Force, or Marine Corps, or lieutenant (junior grade), in the case of an officer of the Navy; (3) an officer on the active-duty list or re- serve active-status list who has failed of selec- tion for promotion for the second time to the grade of captain, in the case of an officer of the Army, Air Force, or Marine Corps, or to the grade of lieutenant, in the case of an offi- cer of the Navy; or (4) an officer whose discharge or transfer from an active status is required by law. (Added Pub. L. 85–861, § 1(22)(B), Sept. 2, 1958, 72 Stat. 1444, § 1005; amended Pub. L. 93–586, § 2, Jan. 2, 1975, 88 Stat. 1920; Pub. L. 98–525, title V, § 528(a), Oct. 19, 1984, 98 Stat. 2525; renumbered § 12645 and amended Pub. L. 103–337, div. A, title XVI, §§ 1627, 1662(h)(2), 1675(d)(2), Oct. 5, 1994, 108 Stat. 2962, 2996, 3018; Pub. L. 104–106, div. A, title XV, § 1501(a)(4), Feb. 10, 1996, 110 Stat. 495; Pub. L. 104–201, div. A, title V, § 544(b), Sept. 23, 1996, 110 Stat. 2523; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1005 ......... 50:1181(1) (as applicable to 50: 1194). 50:1194. Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 204), 204, 68 Stat. 1149, 1151. The word ‘‘subsequently’’ is omitted as surplusage. Editorial Notes REFERENCES IN TEXT Chapter 21 of title 14, referred to in text, was com- prised of sections 701 to 713 and 720 to 746, prior to the renumbering of such sections as sections 3701 to 3714 and 3731 to 3757, respectively, of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233. After renumbering, such sections now comprise chapter 37 (designated as chapter ‘‘1’’ in chapter analysis) of title 14. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–232 substituted ‘‘under chapter 843,’’ for ‘‘under chapter 573,’’. 1996—Subsec. (b)(2). Pub. L. 104–201 inserted ‘‘or a re- serve active-status list’’ after ‘‘active-duty list’’. Subsec. (b)(3), (4). Pub. L. 104–106 made technical cor- rection to directory language of Pub. L. 103–337, § 1627. See 1994 Amendment note below. 1994—Pub. L. 103–337, § 1662(h)(2), renumbered section 1005 of this title as this section. Subsec. (a). Pub. L. 103–337, § 1675(d)(2), substituted ‘‘573, 1407, 1409, or 1411’’ for ‘‘337, 361, 363, 573, 837, 861, or 863’’. Subsec. (b)(3), (4). Pub. L. 103–337, § 1627, as amended by Pub. L. 104–106, added pars. (3) and (4). 1984—Pub. L. 98–525 substituted ‘‘(a) Except as pro- vided in subsection (b), a reserve commissioned officer’’ for ‘‘A reserve commissioned officer, other than a com- missioned warrant officer,’’, struck out the comma be- fore ‘‘may’’, and added subsec. (b). 1975—Pub. L. 93–586 inserted reference to chapter 21 of title 14. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title Page 3694 TITLE 10—ARMED FORCES § 12646 1 See References in Text note below. XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by sections 1627 and 1675(d)(2) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 12646. Commissioned officers: retention of after completing 18 or more, but less than 20, years of service (a) If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be cred- ited with at least 18, but less than 19, years of service computed under section 12732 of this title, he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, with- out his consent before the earlier of the fol- lowing dates— (1) the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or (2) the third anniversary of the date on which he would otherwise be discharged or transferred from an active status. (b) If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be cred- ited with at least 19, but less than 20, years of service computed under section 12732 of this title, he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, with- out his consent before the earlier of the fol- lowing dates— (1) the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or (2) the second anniversary of the date on which he would otherwise be discharged or transferred from an active status. (c) An officer who is retained in an active sta- tus under subsection (a) or (b) is an additional number to those otherwise authorized. (d) Subsections (a) and (b) do not apply to— (1) officers who are discharged or transferred from an active status for physical disability, for cause, or because they have reached the age at which transfer from an active status or discharge is required by law; or (2) commissioned warrant officers. (e)(1) A reserve commissioned officer on active duty (other than for training) or full-time Na- tional Guard duty (other than full-time Na- tional Guard duty for training only) who, on the date on which the officer would otherwise be re- moved from an active status under section 8373, 14513, or 14514 of this title or section 740 1 of title 14, is within two years of qualifying for retire- ment under section 7311, 8323, or 9311 of this title may, in the discretion of the Secretary con- cerned and subject to paragraph (2), be retained on that duty for a period of not more than two years. (2) An officer may be retained on active duty or full-time National Guard duty under para- graph (1) only if— (A) at the end of the period for which the of- ficer is retained the officer will be qualified for retirement under section 7311, 8323, or 9311 of this title; and (B) the officer will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14. (3) An officer who is retained on active duty or full-time National Guard duty under this sec- tion may not be removed from an active status while on that duty. (Added Pub. L. 85–861, § 1(22)(B), Sept. 2, 1958, 72 Stat. 1444, § 1006; amended Pub. L. 86–559, § 1(3)(A), June 30, 1960, 74 Stat. 264; Pub. L. 87–651, title I, § 105, Sept. 7, 1962, 76 Stat. 508; Pub. L. 90–130, § 1(4), Nov. 8, 1967, 81 Stat. 374; Pub. L. 93–586, § 3, Jan. 2, 1975, 88 Stat. 1920; Pub. L. 96–322, § 2, Aug. 4, 1980, 94 Stat. 1015; Pub. L. 96–513, title V, § 511(30), Dec. 12, 1980, 94 Stat. 2922; renumbered § 12646 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(2), 1675(d)(3), Oct. 5, 1994, 108 Stat. 2996, 3018; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.) HISTORICAL AND REVISION NOTES 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 1006(a) ..... 1006(b) ..... 1006(c) ..... 1006(d) ..... 50:1195(a) (less last 30 words). 50:1195(b) (less last 30 words). 50:1227(c). 50:1333(c). 50:1181(1) (as applicable to 50:1195). Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 205), 205, 307(c), 503(c), 68 Stat. 1149, 1151, 1155, 1173; June 30, 1955, ch. 247, § 1(b), 69 Stat. 218. 50:1195(a) (last 30 words). 50:1195(b) (last 30 words). 1006(e) ..... 50:1195(c). In subsections (a) and (b), the words ‘‘Notwith- standing any other provisions of this chapter, except as provided in sections 1265 and 1279 of this title’’ and ‘‘has been credited with, or’’ are omitted as surplusage. The words ‘‘entitled to be’’ in clause (1) are inserted for clarity. In subsection (e), the words ‘‘at the end of that pe- riod’’ are substituted for the word ‘‘then’’ for clarity. The words ‘‘before the end of that period’’ are sub- stituted for the word ‘‘earlier’’ for clarity. 1962 ACT The change reflects the repeal of section 611 of the Reserve Officer Personnel Act of 1954, ch. 1257 (68 Stat. 1186), formerly section 1391 of title 50, and its restate- ment in section 787 of title 14 (see sections 5(2) and 36A of the Act of September 2, 1958, Pub. L. 85–861 (72 Stat. 1547 and 1569)). Editorial Notes REFERENCES IN TEXT Chapter 21 of title 14, referred to in subsecs. (a) and (b), was comprised of sections 701 to 713 and 720 to 746 prior to the renumbering of such sections as sections 3701 to 3714 and 3731 to 3757, respectively, of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233. After renumbering, such sections now comprise chapter 37 (designated as chapter ‘‘1’’ in chapter anal- ysis) of title 14. Section 740 of title 14, referred to in subsec. (e)(1), was redesignated section 3751 of title 14 by Pub. L. 115–282,