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
The Secretary concerned must set standards for retaining and promoting reserve members and fair periodic compliance procedures. A Reserve who fails may be moved to inactive status, retired without pay, or have the appointment or enlistment ended if the stated condition applies.
(a) By regulation, the Secretary concerned* must prescribe (1) standards and qualifications for retaining and promoting reserve-component members under the Secretary’s authority, and (2) fair procedures for periodically deciding whether each such Reserve complies.
(b) If a Reserve fails to comply, the Secretary must, if the person qualifies, transfer the person to inactive reserve status or retire the person without pay*, or terminate the person’s appointment or enlistment.
The Secretary concerned* shall, by regulation, prescribe—
standards and qualifications for the retention and promotion of members of the reserve components under his jurisdiction; and
equitable procedures for the periodic determination of the compliance of each such Reserve with those standards and qualifications.
If a Reserve fails to comply with the standards and qualifications prescribed under subsection (a), he shall—
if qualified, be transferred to an inactive reserve status;
if qualified, be retired without pay*; or
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.)
- 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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