U.S. Code » Title 10 » Subtitle Subtitle E— Reserve Components › Part PART II— PERSONNEL GENERALLY › Chapter CHAPTER 1219— STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

10 U.S.C. § 12641

Standards and procedures: Secretary to prescribe

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(a) The Secretary concerned shall, by regulation, prescribe—(1) standards and qualifications for the retention and promotion of members of the reserve components under his jurisdiction; and(2) equitable procedures for the periodic determination of the compliance of each such Reserve with those standards and qualifications.(b) If a Reserve fails to comply with the standards and qualifications prescribed under subsection (a), he shall—(1) if qualified, be transferred to an inactive reserve status;(2) if qualified, be retired without pay; or(3) have his appointment or enlistment terminated.(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.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1001(a)

 

1001(b)

10:1036c (1st sentence).

34:440k (1st sentence).

10:1036c (2d sentence).

34:440k (2d sentence).

June 29, 1948, ch. 708, § 304 (less last sentence), 62 Stat. 1088.

In subsection (a), the words “As soon as may be practicable after the effective date of sections 1036–1036i [440h–440q] of this title” are omitted as executed. The words “not inconsistent with said sections or any other Act” and “appropriate” are omitted as surplusage.

Editorial NotesAmendments

1994—Pub. L. 103–337 renumbered section 1001 of this title as this section and substituted “Standards and procedures: Secretary to prescribe” for “Secretary to prescribe” as section catchline.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2007–2021 · leading case: Gillan, Martin J. v. Winter, Donald C., 474 F.3d 813 (D.C. Cir. 2007).
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Gillan, Martin J. v. Winter, Donald C., 474 F.3d 813 (D.C. Cir. 2007). “10 U.S.C. § 12641 ; see also 10 U.S.C. § 10149 (directing the military to provide a “system of continuous screening of units and members of the Ready Reserve”).”
Oklahoma State of v. Biden (W.D. Okla. 2021). “As to Guard personnel who are employed only in a civilian capacity 28 The defendants elaborated on these authorities by citing 10 U.S.C. § 12641 as putting legal force behind the “readiness standards” of the reserve components, the point being that if a Guard mem- ber failed to…”
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