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Code · U.S. Code · Title 10 - ARMED FORCES · CHAPTER 1219— STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION · § 12644

§ 12644. Members physically not qualified for active duty: discharge or transfer to retired status

491 words·~2 min read·/usc/title-10/section-12644

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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.
(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.)
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.
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  • Aug. 10, 1956, ch. 1041
  • 70A Stat. 79
  • Pub. L. 86–603, § 1(1)
  • 74 Stat. 357
  • Pub. L. 103–160, div. A, title V, § 519
  • 107 Stat. 1651
  • Pub. L. 103–337, div. A, title XVI
  • 108 Stat. 2980
  • Pub. L. 103–337, § 1662(h)(2)
  • section 1004 of this title
  • Pub. L. 103–337, § 1661(a)(4)
  • Pub. L. 103–160
  • Pub. L. 86–603
  • Pub. L. 103–337
  • section 1691 of Pub. L. 103–337
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cites case law
§ 12644
Members physically not qualified for active duty: discharge or transfer to retired status
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 79
Pub. L.Pub. L. 86–603, § 1(1)
Stat.74 Stat. 357
Pub. L.Pub. L. 103–160, div. A, title V, § 519
Cites 16 · showing 6Cited by 0 across 0 sources
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