ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

10 U.S.C. § 12645 — Commissioned officers: retention until completion of required service

submitted 68 years ago by Pub. L. 85-861 to r/title-10-ARMED-FORCES · 255 words · no verdicts yet

in plain englishAI-generated · not legal advice

A reserve officer who hasn't finished their required service usually can't be discharged or transferred out of active status early. Unless promoted, they stay in their reserve grade for the rest of that required time. There are four exceptions, including warrant officers and officers twice passed over for promotion.

(a) Except as (b) allows, a reserve commissioned officer who hasn't finished the service period required by section 651 or another law can't be discharged or transferred from active status under listed chapters of this title or chapter 21 of title 14. Unless promoted to a higher reserve grade under the Secretary's regulations, they must stay in active status in their current grade for the rest of their required service, counted as an extra position beyond their grade's normal authorized strength. (b) Subsection (a) doesn't block discharge or transfer from active status for: (1) a commissioned warrant officer; (2) an officer on the active-duty list or reserve active-status list found not qualified for promotion to first lieutenant (Army, Air Force, Marine Corps) or lieutenant junior grade (Navy); (3) an officer who has failed selection for promotion, for the second time, to captain (Army, Air Force, Marine Corps) or lieutenant (Navy); or (4) an officer whose discharge or transfer is otherwise required by law.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-861 · 72 Stat. 1444
  • 1975Amended · Pub. L. 93-586 · 88 Stat. 1920
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2525
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2962, 2996, 3018
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 495
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2523
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1840

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-861 on 1958-09-02.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case