-CITE-

10 USC CHAPTER 1219 - STANDARDS AND PROCEDURES FOR

RETENTION AND PROMOTION 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1219 - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

.

-HEAD-

CHAPTER 1219 - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

-MISC1-

Sec.

12641. Standards and procedures: Secretary to prescribe.

12642. Standards and qualifications: result of failure to comply

with.

12643. Boards for appointment, promotion, and certain other

purposes: composition.

12644. Members physically not qualified for active duty: discharge

or transfer to retired status.

12645. Commissioned officers: retention until completion 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

property and fiscal officers.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1001 of this title.

-CITE-

10 USC Sec. 12641 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1219 - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

-HEAD-

Sec. 12641. Standards and procedures: Secretary to prescribe

-STATUTE-

(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-

(Aug. 10, 1956, ch. 1041, 70A Stat. 79, Sec. 1001; renumbered Sec.

12641 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1662(h)(2), (4)(A), Oct. 5, 1994, 108 Stat. 2996.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1001(a) 1001(b) 10:1036c (1st June 29, 1948, ch.

sentence). 34:440k 708, Sec. 304 (less

(1st sentence). last sentence), 62

10:1036c (2d Stat. 1088.

sentence). 34:440k

(2d sentence).

-------------------------------

In subsection (a), the words ''As soon as may be practicable

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.

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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1001, 12307, 12734 of

this title.

-CITE-

10 USC Sec. 12642 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1219 - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

-HEAD-

Sec. 12642. Standards and qualifications: result of failure to

comply with

-STATUTE-

(a) To be retained in an active status, a reserve commissioned

officer must, in any applicable 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 Secretary of a military department, and must

conform 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 reserve

commissioned officer who fails to attain the number of points, or

to conform to the standards and qualifications, prescribed in

subsection (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 therefor; or

(3) if he is not transferred to the Retired Reserve or an

inactive status, be discharged from his reserve appointment.

(c) This section does not apply to commissioned warrant officers

or to adjutants general or assistant adjutants general of States

and Territories, Puerto Rico, and the District of Columbia.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(22)(A), Sept. 2, 1958, 72 Stat. 1443,

Sec. 1002; amended Pub. L. 100-456, div. A, title XII, Sec.

1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered Sec. 12642

and amended Pub. L. 103-337, div. A, title XVI, Sec. 1662(h)(2),

1675(d)(1), Oct. 5, 1994, 108 Stat. 2996, 3018.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1002(a) 1002(b) 50:1192(b) (1st Sept. 3, 1954, ch.

sentence, less 11th 1257, Sec. 102(1)

through 29th (as applicable to

words). 50:1181(4). Sec. 202(b)),

50:1192(b) (less 102(4), 202(b), 68

1st sentence). Stat. 1149, 1150.

1002(c) 50:1181(1) (as

applicable to

50:1192(b)).

50:1192(b) (11th

through 29th words

of 1st sentence).

-------------------------------

In subsection (a), the word ''minimum'' is omitted as

surplusage. The last sentence is substituted for the words ''(not

to exceed fifty)''.

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1662(h)(2), renumbered section 1002

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 1675(d)(1)(A), substituted

''12732(a)(2)'' for ''1332(a)(2)''.

Subsec. (b). Pub. L. 103-337, Sec. 1675(d)(1)(B), substituted

''12645'' for ''1005''.

1988 - Subsec. (c). Pub. L. 100-456 struck out ''the Canal

Zone,'' after ''Puerto Rico,''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10214 of this title.

-CITE-

10 USC Sec. 12643 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1219 - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

-HEAD-

Sec. 12643. Boards for appointment, promotion, and certain other

purposes: composition

-STATUTE-

(a) Except as provided in section 612(a)(3) of this title and

except for boards that may be convened to select Reserves for

appointment in the Regular Army, Regular Navy, Regular Air Force,

or Regular Marine Corps, each board convened for the appointment,

promotion, demotion, involuntary release from active duty,

discharge, 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 medical officer, being considered by that board.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 11, Sec. 266; Pub. L. 96-513,

title V, Sec. 501(4), Dec. 12, 1980, 94 Stat. 2907; Pub. L. 97-22,

Sec. 2(c), July 10, 1981, 95 Stat. 124; renumbered Sec. 12643, Pub.

L. 103-337, div. A, title XVI, Sec. 1662(h)(2), Oct. 5, 1994, 108

Stat. 2996.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

266(a) 266(b) 50:1005(a). July 9, 1952, ch.

50:1005(b). 608, Sec. 254, 66

Stat. 496.

-------------------------------

In subsection (a), the words ''under * * * prescribed'' are

substituted for the words ''in accordance * * * established''.

In subsection (b), the words ''in rank'' and ''by that board''

are inserted for clarity.

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 appointment in the

Regular Army, Regular Navy, Regular Air Force, or Regular Marine

Corps, each board convened for the appointment, promotion,

demotion, involuntary release from active duty, discharge, 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'' 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, discharge, or retirement of Reserves shall include an

appropriate number of Reserves, as prescribed by the Secretary

concerned under standards and policies prescribed 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''.

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.

-CITE-

10 USC Sec. 12644 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1219 - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

-HEAD-

Sec. 12644. Members physically not qualified for active duty:

discharge or transfer to retired status

-STATUTE-

Except as otherwise provided by law, the Secretary 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

appropriate authority of the jurisdiction concerned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 79, Sec. 1004; Pub. L. 86-603,

Sec. 1(1), July 7, 1960, 74 Stat. 357; Pub. L. 103-160, div. A,

title V, Sec. 519, Nov. 30, 1993, 107 Stat. 1651; renumbered Sec.

12644 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1661(a)(4), 1662(h)(2), (4)(B), Oct. 5, 1994, 108 Stat. 2980, 2996,

2997.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1004(a) 1004(b) 50:949. 50:950 (last July 9, 1952, ch.

1004(c) sentence). 50:950 608, Sec. 225, 226,

(less last 66 Stat. 488.

sentence).

-------------------------------

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'' are omitted as surplusage. The words

''execute and'' are inserted for clarity.

In subsection (c), the words ''under his jurisdiction'' are

inserted for clarity.

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1662(h)(2), (4)(B), renumbered

section 1004 of this title as this section and substituted

''Members physically not qualified for active duty: discharge or

transfer to retired status'' for ''Physical examination'' as

section catchline.

Pub. L. 103-337, Sec. 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 status 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 determining 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 requirement 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.

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.

-CITE-

10 USC Sec. 12645 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1219 - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

-HEAD-

Sec. 12645. Commissioned officers: retention until completion of

required service

-STATUTE-

(a) Except as provided in subsection (b), a reserve commissioned

officer who has not completed 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

573, 1407, 1409, or 1411 of this title or chapter 21 of title 14.

Unless, under regulations prescribed by the Secretary concerned, he

is promoted to a higher reserve grade, he shall be retained in an

active status in his reserve grade for the rest of his period of

required service and shall be an additional number to the

authorized strength of his grade.

(b) Subsection (a) does not prevent the discharge or transfer

from an active status of -

(1) a commissioned warrant officer;

(2) an officer on the active-duty list or a reserve

active-status list who is found not qualified for promotion to

the grade of first lieutenant, 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 reserve active-status

list who has failed of selection 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 officer of the Navy; or

(4) an officer whose discharge or transfer from an active

status is required by law.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(22)(B), Sept. 2, 1958, 72 Stat. 1444,

Sec. 1005; amended Pub. L. 93-586, Sec. 2, Jan. 2, 1975, 88 Stat.

1920; Pub. L. 98-525, title V, Sec. 528(a), Oct. 19, 1984, 98 Stat.

2525; renumbered Sec. 12645 and amended Pub. L. 103-337, div. A,

title XVI, Sec. 1627, 1662(h)(2), 1675(d)(2), Oct. 5, 1994, 108

Stat. 2962, 2996, 3018; Pub. L. 104-106, div. A, title XV, Sec.

1501(a)(4), Feb. 10, 1996, 110 Stat. 495; Pub. L. 104-201, div. A,

title V, Sec. 544(b), Sept. 23, 1996, 110 Stat. 2523.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1005 50:1181(1) (as Sept. 3, 1954, ch.

applicable to 50: 1257, Sec. 102(1)

1194). 50:1194. (as applicable to

Sec. 204), 204, 68

Stat. 1149, 1151.

-------------------------------

The word ''subsequently'' is omitted as surplusage.

AMENDMENTS

1996 - Subsec. (b)(2). Pub. L. 104-201 inserted ''or a reserve

active-status list'' after ''active-duty list''.

Subsec. (b)(3), (4). Pub. L. 104-106 made technical correction to

directory language of Pub. L. 103-337, Sec. 1627. See 1994

Amendment note below.

1994 - Pub. L. 103-337, Sec. 1662(h)(2), renumbered section 1005

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 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, Sec. 1627, as amended by

Pub. L. 104-106, added pars. (3) and (4).

1984 - Pub. L. 98-525 substituted ''(a) Except as provided in

subsection (b), a reserve commissioned officer'' for ''A reserve

commissioned officer, other than a commissioned warrant officer,'',

struck out the comma before ''may'', and added subsec. (b).

1975 - Pub. L. 93-586 inserted reference to chapter 21 of title

14.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6389, 12642, 14503, 14901

of this title.

-CITE-

10 USC Sec. 12646 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1219 - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

-HEAD-

Sec. 12646. Commissioned officers: retention of after completing 18

or more, but less than 20, years of service

-STATUTE-

(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 credited 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 573,

1407, or 1409 of this title or chapter 21 of title 14, without his

consent before the earlier of the following 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 credited 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 573,

1407, or 1409 of this title or chapter 21 of title 14, without his

consent before the earlier of the following 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 status 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 National Guard duty (other than

full-time National Guard duty for training only) who, on the date

on which the officer would otherwise be removed from an active

status under section 6389, 14513, or 14514 of this title or section

740 of title 14, is within two years of qualifying for retirement

under section 3911, 6323, or 8911 of this title may, in the

discretion of the Secretary concerned 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 paragraph (1) only if -

(A) at the end of the period for which the officer is retained

the officer will be qualified for retirement under section 3911,

6323, or 8911 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 section may not be removed from an

active status while on that duty.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(22)(B), Sept. 2, 1958, 72 Stat. 1444,

Sec. 1006; amended Pub. L. 86-559, Sec. 1(3)(A), June 30, 1960, 74

Stat. 264; Pub. L. 87-651, title I, Sec. 105, Sept. 7, 1962, 76

Stat. 508; Pub. L. 90-130, Sec. 1(4), Nov. 8, 1967, 81 Stat. 374;

Pub. L. 93-586, Sec. 3, Jan. 2, 1975, 88 Stat. 1920; Pub. L.

96-322, Sec. 2, Aug. 4, 1980, 94 Stat. 1015; Pub. L. 96-513, title

V, Sec. 511(30), Dec. 12, 1980, 94 Stat. 2922; renumbered Sec.

12646 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1662(h)(2), 1675(d)(3), Oct. 5, 1994, 108 Stat. 2996, 3018.)

-MISC1-

Historical and Revision Notes

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1006(a) 1006(b) 50:1195(a) (less Sept. 3, 1954, ch.

1006(c) 1006(d) last 30 words). 1257, Sec. 102(1)

50:1195(b) (less (as applicable to

last 30 words). Sec. 205), 205,

50:1227(c). 307(c), 503(c), 68

50:1333(c). Stat. 1149, 1151,

50:1181(1) (as 1155, 1173; June

applicable to 30, 1955, ch. 247,

50:1195). Sec. 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 ''Notwithstanding 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 period'' are

substituted for the word ''then'' for clarity. The words ''before

the end of that period'' are substituted 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 restatement 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)).

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1662(h)(2), renumbered section 1006

of this title as this section.

Subsecs. (a), (b). Pub. L. 103-337, Sec. 1675(d)(3)(B),

substituted ''573, 1407, or 1409'' for ''337, 361, 363, 573, 837,

861, or 863''.

Pub. L. 103-337, Sec. 1675(d)(3)(A), substituted ''12732'' for

''1332'' wherever appearing.

Subsec. (e). Pub. L. 103-337, Sec. 1675(d)(3)(C), added subsec.

(e) and struck out former subsec. (e) which read as follows: ''A

reserve commissioned officer on active duty (other than for

training) who, on the date on which he would otherwise be removed

from an active status under section 3846, 3848, 3851, 3852, 6389,

6397, 6403, 6410, 8846, 8848, 8851, or 8852 of this title or

section 740 of title 14, and who is within two years of qualifying

for retirement under section 3911, 6323, or 8911 of this title,

may, in the discretion of the Secretary concerned, be retained on

active duty for a period of not more than two years, if at the end

of that period he will be qualified for retirement under one of

those sections and 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. An officer who is retained on

active duty under this section may not be removed from an active

status while he is on that duty. For officers covered by section

3846, 3848, 3851, or 3852 of this title, the ages at which transfer

from an active status or discharge is required are those set forth

in section 3843, 3844, or 3845 of this title, or section 21(e) of

Public Law 85-861, as the case may be.''

1980 - Subsec. (e). Pub. L. 96-513 substituted ''Public Law

85-861'' for ''the Act enacting this section''.

Pub. L. 96-322 substituted ''section 740 of title 14'' for

''section 787 of title 14''.

1975 - Subsecs. (a), (b). Pub. L. 93-586, Sec. 3(1), inserted

reference to chapter 21 of title 14.

Subsec. (c). Pub. L. 93-586, Sec. 3(2), substituted ''An officer

who is retained'' for ''An officer of the Army or the Air Force who

is retained''.

Subsec. (e). Pub. L. 93-586, Sec. 3(3), substituted ''discharge

is required by this title or title 14'' for ''discharge is required

by this title''.

1967 - Subsec. (e). Pub. L. 90-130 struck out references to

sections 3847 and 8847 of this title.

1962 - Subsec. (e). Pub. L. 87 - 651 substituted ''section 787 of

title 14'' for ''section 1391 of title 50''.

1960 - Subsec. (e). Pub. L. 86-559 struck out references to

sections 3849 and 8849 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by sections 1662(h)(2) and 1675(d)(3)(A) of Pub. L.

103-337 effective Dec. 1, 1994, except as otherwise provided, and

amendment by section 1675(d)(3)(B), (C) of of Pub. L. 103-337

effective Oct. 1, 1996, see section 1691 of Pub. L. 103-337, set

out as an Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14504, 14505, 14506,

14507 of this title; title 14 sections 740, 741.

-CITE-

10 USC Sec. 12647 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1219 - STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

-HEAD-

Sec. 12647. Commissioned officers: retention in active status while

assigned to Selective Service System or serving as United

States property and fiscal officers

-STATUTE-

Notwithstanding chapters 573, 1407, and 1409 of this title, a

reserve commissioned officer, other than a commissioned warrant

officer, who is assigned to the Selective Service System or who is

a property and fiscal officer appointed, designated, or detailed

under section 708 of title 32, may be retained in an active status

in that assignment or position until he becomes 60 years of age.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(22)(B), Sept. 2, 1958, 72 Stat. 1445,

Sec. 1007; amended Pub. L. 86-559, Sec. 1(3)(B), June 30, 1960, 74

Stat. 265; renumbered Sec. 12647 and amended Pub. L. 103-337, div.

A, title XVI, Sec. 1662(h)(2), 1675(d)(4), Oct. 5, 1994, 108 Stat.

2996, 3018.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1007 50:1181(1) (as Sept. 3, 1954, ch.

applicable to 1257, Sec. 102(1)

50:1202). 50:1202. (as applicable to

Sec. 212), 212, 68

Stat. 1149, 1153.

-------------------------------

The words ''this title'' are substituted for the words ''this

chapter'', since the provisions of this title requiring transfer

from an active status are based on the source statute for this

section (the Reserve Officer Personnel Act of 1954).

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1675(d)(4), substituted ''573, 1407,

and 1409'' for ''337, 363, 573, 837, and 863''.

Pub. L. 103-337, Sec. 1662(h)(2), renumbered section 1007 of this

title as this section.

1960 - Pub. L. 86-559 inserted ''or serving as United States

property and fiscal officers'' in section catchline, and inserted

provisions in text authorizing retention of reserve commissioned

officers who are property and fiscal officers, appointed,

designated, or detailed under section 708 of title 32.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 1675(d)(4) 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.

-CITE-