
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12644]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
   CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
 
Sec. 12644. Members physically not qualified for active duty: 
        discharge or transfer to retired status
        
    Except as otherwise provided by law, the Secretary concerned may 
provide for the honorable discharge or the transfer to a retired status 
of members of the reserve components under his jurisdiction who are 
found to be not physically qualified for active duty. However, no member 
of the Army National Guard of the United States or the Air National 
Guard of the United States may be transferred under this subsection 
without the consent of the governor or other appropriate authority of 
the jurisdiction concerned.

(Aug. 10, 1956, ch. 1041, 70A Stat. 79, Sec. 1004; Pub. L. 86-603, 
Sec. 1(1), July 7, 1960, 74 Stat. 357; Pub. L. 103-160, div. A, title V, 
Sec. 519, Nov. 30, 1993, 107 Stat. 1651; renumbered Sec. 12644 and 
amended Pub. L. 103-337, div. A, title XVI, Secs. 1661(a)(4), 
1662(h)(2), (4)(B), Oct. 5, 1994, 108 Stat. 2980, 2996, 2997.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1004(a)...............................  50:949.                              Ju
ly 9, 1952, ch. 608, Secs.  225,
1004(b)...............................  50:950 (last sentence).               2
26, 66 Stat. 488.
1004(c)...............................  50:950 (less last sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``Each * * * who is not on active 
duty'' are substituted for the words ``when not on active duty all''. 
The words ``examined as to his physical fitness'' are substituted for 
the words ``given physical examinations''. The words ``be required to'' 
are omitted as surplusage. The words ``execute and'' are inserted for 
clarity.
    In subsection (c), the words ``under his jurisdiction'' are inserted 
for clarity.


                               Amendments

    1994--Pub. L. 103-337, Sec. 1662(h)(2), (4)(B), renumbered section 
1004 of this title as this section and substituted ``Members physically 
not qualified for active duty: discharge or transfer to retired status'' 
for ``Physical examination'' as section catchline.
    Pub. L. 103-337, Sec. 1661(a)(4), struck out ``(c)'' before ``Except 
as otherwise provided'' and struck out subsecs. (a) and (b) which read 
as follows:
    ``(a) Each member of the Ready Reserve who is not on active duty 
shall--
        ``(1) be examined as to his physical fitness every five years, 
    or more often as the Secretary concerned considers necessary; and
        ``(2) execute and submit annually a certificate of physical 
    condition.
Each Reserve in an active status, or on an inactive status list, who is 
not on active duty shall execute and submit annually a certificate of 
physical condition.
    ``(b) The kind of duty to which a Reserve ordered to active duty may 
be assigned shall be considered in determining physical qualifications 
for active duty.''
    1993--Subsec. (a)(1). Pub. L. 103-160 substituted ``five years'' for 
``four years''.
    1960--Subsec. (a). Pub. L. 86-603 limited the requirement for a 
physical examination every four years, and for the annual execution of a 
certificate of physical condition, to the Ready Reserve, and also 
required each Reserve in an active status, or on an inactive status 
list, who is not on active duty to execute and submit annually a 
certificate of physical condition.


                    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.
