
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12642]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
   CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
 
Sec. 12642. Standards and qualifications: result of failure to 
        comply with
        
    (a) To be retained in an active status, a reserve commissioned 
officer must, in any applicable yearly period, attain the number of 
points under section 12732(a)(2) of this title 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) Subject to section 12645 of this title, 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 and 
Territories, Puerto Rico, and the District of Columbia.

(Added Pub. L. 85-861, Sec. 1(22)(A), Sept. 2, 1958, 72 Stat. 1443, 
Sec. 1002; amended Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), 
Sept. 29, 1988, 102 Stat. 2059; renumbered Sec. 12642 and amended Pub. 
L. 103-337, div. A, title XVI, Secs. 1662(h)(2), 1675(d)(1), Oct. 5, 
1994, 108 Stat. 2996, 3018.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1002(a)...............................  50:1192(b) (1st sentence, less 11th  Se
pt. 3, 1954, ch. 1257, Secs.
                                         through 29th words).                 1
02(1) (as applicable to Sec.
                                        50:1181(4).                           2
02(b)), 102(4), 202(b), 68 Stat.
                                        50:1192(b) (less 1st sentence).       1
149, 1150.
1002(b)...............................
1002(c)...............................  50:1181(1) (as applicable to
                                         50:1192(b)).
                                        50:1192(b) (11th through 29th words
                                         of 1st sentence).
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---------------------------------

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


                               Amendments

    1994--Pub. L. 103-337, Sec. 1662(h)(2), renumbered section 1002 of 
this title as this section.
    Subsec. (a). Pub. L. 103-337, Sec. 1675(d)(1)(A), substituted 
``12732(a)(2)'' for ``1332(a)(2)''.
    Subsec. (b). Pub. L. 103-337, Sec. 1675(d)(1)(B), substituted 
``12645'' for ``1005''.
    1988--Subsec. (c). Pub. L. 100-456 struck out ``the Canal Zone,'' 
after ``Puerto Rico,''.


                    Effective 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.

                  Section Referred to in Other Sections

    This section is referred to in section 10214 of this title.
