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10 U.S.C. § 12643Boards for appointment, promotion, and certain other purposes: composition

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 167 words · no verdicts yet

in plain englishAI-generated · not legal advice

Most boards deciding on reserve officers' appointment, promotion, or discharge must include at least one reservist. The Secretary decides exactly how many reservists sit on each board. Members judging promotion, demotion, or discharge must outrank the people they're reviewing, with narrow exceptions for legal and medical advisers.

(a) Except as provided in section 612(a)(3), and except for boards convened to pick reservists for appointment into the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, every board convened to appoint, promote, demote, involuntarily release from active duty, discharge, or retire reservists must include at least one reserve member. The exact number of reservists on the board is up to the Secretary concerned. (b) Every member of a board convened to select reservists for promotion, or to demote or discharge them, must outrank the people the board is considering. There are two exceptions: a member serving in a legal advisory role can be junior to anyone being considered, except a judge advocate or law specialist; and a member serving in a medical advisory role can be junior to anyone being considered, except a medical officer.
the actual law source: uscode.house.gov ↗public domain
(a)

Except as provided in section 612(a)(3) of this title and except for boards that may be convened to select Reserves for appointment in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include at least one member of the Reserves, with the exact number of Reserves determined by the Secretary concerned in his discretion.

(b)

Each member of a board convened for the selection for promotion, or for the demotion or discharge, of Reserves must be senior in rank to the persons under consideration by that board. However, a member serving in a legal advisory capacity may be junior in rank to any person, other than a judge advocate or law specialist, being considered by that board; and a member serving in a medical advisory capacity may be junior in rank to any person, other than a medical officer, being considered by that board.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 11, § 266; Pub. L. 96–513, title V, § 501(4), Dec. 12, 1980, 94 Stat. 2907; Pub. L. 97–22, § 2(c), July 10, 1981, 95 Stat. 124; renumbered § 12643, Pub. L. 103–337, div. A, title XVI, § 1662(h)(2), Oct. 5, 1994, 108 Stat. 2996.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2907
  • 1981Amended · Pub. L. 97-22 · 95 Stat. 124
  • 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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