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10 U.S.C. § 12641 — Standards and procedures: Secretary to prescribe

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 89 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must set standards for keeping and promoting reserve members. The Secretary also must set fair ways to check if each reservist meets those standards. A reservist who doesn't measure up can be moved to inactive status, retired without pay, or discharged.

(a) The Secretary concerned must, by regulation, set: standards and qualifications for keeping and promoting members of the reserve components under their authority; and fair procedures for regularly checking whether each reservist meets those standards. (b) If a reservist doesn't meet the standards set under (a), the Secretary must do one of three things: if the reservist qualifies, move them to inactive reserve status; if they qualify, retire them without pay; or end their appointment or enlistment.
the actual law source: uscode.house.gov ↗public domain
(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 credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1001; renumbered § 12641 and amended Pub. L. 103–337, div. A, title XVI, § 1662(h)(2), (4)(A), Oct. 5, 1994, 108 Stat. 2996.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2996

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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