10 U.S.C. § 12642 — Standards and qualifications: result of failure to comply with

submitted 68 years ago by Pub. L. 85-861 to r/title-10-ARMED-FORCES · 205 words · no verdicts yet

in plain englishAI-generated · not legal advice

A reserve officer must earn enough yearly points, set by the Secretary, to stay on active status. The Secretary can require up to 50 points, and defense-secretary approval is needed for military-department secretaries. Officers who fall short get transferred, moved to inactive status, or discharged.

(a) To stay in active status, a reserve commissioned officer must earn, in each yearly period, the number of points required under section 12732(a)(2) that the Secretary concerned sets — no more than 50 points — and must meet any other standards the Secretary sets. If the Secretary concerned is a military department secretary, the Secretary of Defense must approve that number. (b) Subject to section 12645, an officer who doesn't earn enough points or meet those standards must: transfer to the Retired Reserve, if qualified and if they apply; if not qualified or not applying for retirement, transfer to inactive status, if qualified; or if neither applies, be discharged from their reserve appointment. (c) This section does not apply to commissioned warrant officers, or to adjutants general or assistant adjutants general of States, Puerto Rico, or the District of Columbia.

the actual law source: uscode.house.gov ↗public domain

(a)

To be retained in an active status, a reserve commissioned officer must, in any applicable yearly period, attain the number of points under section 12732(a)(2) of this title prescribed by the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, and must conform to such other standards and qualifications as the Secretary concerned may prescribe. The Secretary may not prescribe a minimum of more than 50 points under this subsection.

(b)

Subject to section 12645 of this title, a reserve commissioned officer who fails to attain the number of points, or to conform to the standards and qualifications, prescribed in subsection (a) shall—

(1)

be transferred to the Retired Reserve if he is qualified and applies therefor;

(2)

if he is not qualified or does not apply for transfer to the Retired Reserve, be transferred to an inactive status, if he is qualified therefor; or

(3)

if he is not transferred to the Retired Reserve or an inactive status, be discharged from his reserve appointment.

(c)

This section does not apply to commissioned warrant officers or to adjutants general or assistant adjutants general of States, Puerto Rico, and the District of Columbia.

Source credit: (Added Pub. L. 85–861, § 1(22)(A), Sept. 2, 1958, 72 Stat. 1443, § 1002; amended Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered § 12642 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(2), 1675(d)(1), Oct. 5, 1994, 108 Stat. 2996, 3018; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.)

history & why it existsrecord from the source credit

1958Enacted · Pub. L. 85-861 · 72 Stat. 1443
1988Amended · Pub. L. 100-456 · 102 Stat. 2059
1994Amended · Pub. L. 103-337 · 108 Stat. 2996, 3018
2006Amended · Pub. L. 109-163 · 119 Stat. 3440

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

no arguments yet — make the first case