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10 U.S.C. § 647Force shaping authority

submitted 22 years ago by Pub. L. 108-375 to r/title-10-ARMED-FORCES · 263 words · no verdicts yet

in plain englishAI-generated · not legal advice

For restructuring an armed force, the responsible Secretary may discharge certain officers or move them from active duty to a reserve active-status list. The section defines the covered officers and requires regulations.

(a) Authority. Solely to restructure an armed force under the Secretary’s jurisdiction, the Secretary concerned may (1) discharge an officer described in subsection (b), or (2) transfer that officer from the force’s active-duty list to a reserve component’s reserve active-status list. (b) Covered Officers. (1) This authority may be used for an officer other than a Space Force officer who (A) has completed no more than six years as a commissioned armed-forces officer, or (B) has completed more than six years as a commissioned officer but has not completed an applicable minimum service obligation. (2) “Minimum service obligation” means the initial required active-duty period plus any additional required active-duty period incurred during that initial period. This section does not define the term “commissioned officer.” (c) Appointment of Transferred Officers. A Regular Army, Air Force, Navy, or Marine Corps officer transferred to a reserve active-status list under this section must be discharged from the regular component and appointed as a reserve commissioned officer under section 12203. (d) Regulations. The Secretary concerned must issue rules for exercising this authority. (e) Space Force. A similar Space Force provision is in section 20405.
the actual law source: uscode.house.gov ↗public domain
(a)Authority.—

The Secretary concerned may, solely for the purpose of restructuring an armed force under the jurisdiction of that Secretary—

(1)

discharge an officer described in subsection (b); or

(2)

transfer such an officer from the active-duty list of that armed force to the reserve active-status list of a reserve component.

(b)Covered Officers.—
(1)

The authority under this section may be exercised in the case of an officer (other than an officer of the Space Force) who—

(A)

has completed not more than six years of service as a commissioned officer in the armed forces; or

(B)

has completed more than six years of service as a commissioned officer in the armed forces, but has not completed a minimum service obligation applicable to that member.

(2)

In this subsection, the term “minimum service obligation” means the initial period of required active duty service together with any additional period of required active duty service incurred during the initial period of required active duty service.

(c)Appointment of Transferred Officers.—

An officer of the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active-status list under this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under section 12203 of this title.

(d)Regulations.—

The Secretary concerned shall prescribe regulations for the exercise of the Secretary’s authority under this section.

(e)Space Force.—

For a similar provision with respect to officers of the Space Force, see section 20405 of this title.

Source credit: (Added Pub. L. 108–375, div. A, title V, § 501(c)(1)(A), Oct. 28, 2004, 118 Stat. 1873; amended Pub. L. 110–181, div. A, title V, § 503(b), Jan. 28, 2008, 122 Stat. 95; Pub. L. 116–283, div. A, title IX, § 924(b)(4)(H), (16), Jan. 1, 2021, 134 Stat. 3822, 3823; Pub. L. 118–31, div. A, title XVII, § 1718(b), Dec. 22, 2023, 137 Stat. 658.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-375 · 118 Stat. 1873
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 95
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3822, 3823
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 658

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-375 on 2004-10-28.

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