10 U.S.C. § 12643

Boards for appointment, promotion, and certain other purposes: composition

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(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.(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.)

Historical and Revision Notes
266(a) 266(b)	50:1005(a). 50:1005(b).	July 9, 1952, ch. 608, § 254, 66 Stat. 496.

Historical and Revision Notes

266(a)

266(b)

50:1005(a).

50:1005(b).

July 9, 1952, ch. 608, § 254, 66 Stat. 496.

In subsection (a), the words “under * * * prescribed” are substituted for the words “in accordance * * * established”.

In subsection (b), the words “in rank” and “by that board” are inserted for clarity.

Editorial NotesAmendments

1994—Pub. L. 103–337 renumbered section 266 of this title as this section.

1981—Subsec. (a). Pub. L. 97–22 substituted “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” for “Except as provided in section 612(a)(3) of this title, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include an appropriate number of Reserves, as prescribed by the Secretary concerned under standards and policies prescribed by the Secretary of Defense”.

1980—Subsec. (a). Pub. L. 96–513 substituted “Except as provided in section 612(a)(3) of this title, each” for “Each”.

Statutory Notes and Related SubsidiariesEffective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Notes of Decisions

Cited in 2 cases, 2000–2007 · leading case: Ron L. Fluellen,plaintiff-Appellant v. United States,defendant-Appellee, 225 F.3d 1298 (Fed. Cir. 2000).

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Ron L. Fluellen,plaintiff-Appellant v. United States,defendant-Appellee, 225 F.3d 1298 (Fed. Cir. 2000). · cites it 2× “10 U.S.C. § 12643 (a) (1994). While both of these provisions plainly require that a selection board considering reserve officers include at least one reserve officer, neither addresses the compositional requirements of board panels.”

Moss v. United States, 549 F. Supp. 2d 721 (E.D.N.C. 2007). · cites it 4× “’s Rebuttal ¶¶ 1-2 (discussing 10 U.S.C. § 12643 ). 2 Judge Webb, however, addressed plaintiffs procedural argument: “Plaintiffs primary contention is that the CPEB failed to follow the proper procedure when he was discharged with severance pay in 1986.”

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