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

(a)

section 12732(a)(2) of this title To be retained in an active status, a reserve commissioned officer must, in any applicable yearly period, attain the number of points under 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)

section 12645 of this title Subject to , 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.

Pub. L. 85–861, § 1(22)(A)Sept. 2, 195872 Stat. 1443 Pub. L. 100–456, div. A, title XII, § 1234(a)(1)Sept. 29, 1988102 Stat. 2059 Pub. L. 103–337, div. A, title XVIOct. 5, 1994108 Stat. 2996 Pub. L. 109–163, div. A, title X, § 1057(a)(2)Jan. 6, 2006119 Stat. 3440(Added , , , § 1002; amended , , ; renumbered § 12642 and amended , §§ 1662(h)(2), 1675(d)(1), , , 3018; , , .)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1002(a) 1002(b)	50:1192(b) (1st sentence, less 11th through 29th words). 50:1181(4). 50:1192(b) (less 1st sentence).	Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 202(b)), 102(4), 202(b), 68 Stat. 1149, 1150.
1002(c)	50:1181(1) (as applicable to 50:1192(b)).
	50:1192(b) (11th through 29th words of 1st sentence).

In subsection (a), the word “minimum” is omitted as surplusage. The last sentence is substituted for the words “(not to exceed fifty)”.

Editorial Notes

Amendments

Pub. L. 109–1632006—Subsec. (c). struck out “and Territories” after “States”.

Pub. L. 103–337, § 1662(h)(2)section 1002 of this title1994—, renumbered as this section.

Pub. L. 103–337, § 1675(d)(1)(A)Subsec. (a). , substituted “12732(a)(2)” for “1332(a)(2)”.

Pub. L. 103–337, § 1675(d)(1)(B)Subsec. (b). , substituted “12645” for “1005”.

Pub. L. 100–4561988—Subsec. (c). struck out “the Canal Zone,” after “Puerto Rico,”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

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