
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: 10USC12645]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
   CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
 
Sec. 12645. Commissioned officers: retention until completion of 
        required service
        
    (a) Except as provided in subsection (b), a reserve commissioned 
officer who has not completed the period of service required of him by 
section 651 of this title or any other provision of law may not be 
discharged or transferred from an active status under chapter 573, 1407, 
1409, or 1411 of this title or chapter 21 of title 14. Unless, under 
regulations prescribed by the Secretary concerned, he is promoted to a 
higher reserve grade, he shall be retained in an active status in his 
reserve grade for the rest of his period of required service and shall 
be an additional number to the authorized strength of his grade.
    (b) Subsection (a) does not prevent the discharge or transfer from 
an active status of--
        (1) a commissioned warrant officer;
        (2) an officer on the active-duty list or a reserve active-
    status list who is found not qualified for promotion to the grade of 
    first lieutenant, in the case of an officer of the Army, Air Force, 
    or Marine Corps, or lieutenant (junior grade), in the case of an 
    officer of the Navy;
        (3) an officer on the active-duty list or reserve active-status 
    list who has failed of selection for promotion for the second time 
    to the grade of captain, in the case of an officer of the Army, Air 
    Force, or Marine Corps, or to the grade of lieutenant, in the case 
    of an officer of the Navy; or
        (4) an officer whose discharge or transfer from an active status 
    is required by law.

(Added Pub. L. 85-861, Sec. 1(22)(B), Sept. 2, 1958, 72 Stat. 1444, 
Sec. 1005; amended Pub. L. 93-586, Sec. 2, Jan. 2, 1975, 88 Stat. 1920; 
Pub. L. 98-525, title V, Sec. 528(a), Oct. 19, 1984, 98 Stat. 2525; 
renumbered Sec. 12645 and amended Pub. L. 103-337, div. A, title XVI, 
Secs. 1627, 1662(h)(2), 1675(d)(2), Oct. 5, 1994, 108 Stat. 2962, 2996, 
3018; Pub. L. 104-106, div. A, title XV, Sec. 1501(a)(4), Feb. 10, 1996, 
110 Stat. 495; Pub. L. 104-201, div. A, title V, Sec. 544(b), Sept. 23, 
1996, 110 Stat. 2523.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
1005..................................  50:1181(1) (as applicable to 50:     Se
pt. 3, 1954, ch. 1257, Secs.
                                         1194).                               1
02(1) (as applicable to Sec.
                                        50:1194.                              2
04), 204, 68 Stat. 1149, 1151.
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---------------------------------

    The word ``subsequently'' is omitted as surplusage.


                               Amendments

    1996--Subsec. (b)(2). Pub. L. 104-201 inserted ``or a reserve 
active-status list'' after ``active-duty list''.
    Subsec. (b)(3), (4). Pub. L. 104-106 made technical correction to 
directory language of Pub. L. 103-337, Sec. 1627. See 1994 Amendment 
note below.
    1994--Pub. L. 103-337, Sec. 1662(h)(2), renumbered section 1005 of 
this title as this section.
    Subsec. (a). Pub. L. 103-337, Sec. 1675(d)(2), substituted ``573, 
1407, 1409, or 1411'' for ``337, 361, 363, 573, 837, 861, or 863''.
    Subsec. (b)(3), (4). Pub. L. 103-337, Sec. 1627, as amended by Pub. 
L. 104-106, added pars. (3) and (4).
    1984--Pub. L. 98-525 substituted ``(a) Except as provided in 
subsection (b), a reserve commissioned officer'' for ``A reserve 
commissioned officer, other than a commissioned warrant officer,'', 
struck out the comma before ``may'', and added subsec. (b).
    1975--Pub. L. 93-586 inserted reference to chapter 21 of title 14.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.


                    Effective Date of 1994 Amendment

    Amendment by sections 1627 and 1675(d)(2) of Pub. L. 103-337 
effective Oct. 1, 1996, see section 1691(b)(1) 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 sections 6389, 12642, 14503, 14901 of 
this title.
