§ 12645. Commissioned officers: retention until completion of required service
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/usc/title-10/section-12645A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 843, 1407, 1409, or 1411 of this title or chapter 21 1 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.
(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.)
The word “subsequently” is omitted as surplusage.
Connections5 cite this · traces to 7
Cited by 5 sections
U.S. Code
- § 14503Discharge of officers with less than six years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade)
- § 8373Navy Reserve and Marine Corps Reserve; officers: elimination from active status; computation of total commissioned service
- § 14901Separation of chaplains for loss of professional qualifications
- § 12642Standards and qualifications: result of failure to comply with
Traces to 7 documents
U.S. Code
25 references not yet in our index
- 1
- Pub. L. 85–861, § 1(22)(B)
- 72 Stat. 1444
- Pub. L. 93–586, § 2
- 88 Stat. 1920
- Pub. L. 98–525, title V, § 528(a)
- 98 Stat. 2525
- Pub. L. 103–337, div. A, title XVI
- 108 Stat. 2962
- Pub. L. 104–106, div. A, title XV, § 1501(a)(4)
- 110 Stat. 495
- Pub. L. 104–201, div. A, title V, § 544(b)
- 110 Stat. 2523
- 132 Stat. 1840
- 132 Stat. 4233
- Pub. L. 104–201
- Pub. L. 104–106
- Pub. L. 103–337, § 1627
- Pub. L. 103–337, § 1662(h)(2)
- Pub. L. 103–337, § 1675(d)(2)
- Pub. L. 98–525
- Pub. L. 93–586
- Pub. L. 103–337
- section 1501(f)(3) of Pub. L. 104–106
- section 1691(b)(1) of Pub. L. 103–337
Citation graph
cites case law
§ 12645
Commissioned officers: retention until completion of required service
U.S.C.×4
Stat.×1
Cite1
Pub. L.Pub. L. 85–861, § 1(22)(B)
Stat.72 Stat. 1444
Pub. L.Pub. L. 93–586, § 2
Stat.88 Stat. 1920
Cites 32 · showing 12Cited by 5 across 2 sources