
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 511(a)]
[Document affected by Public Law 107-107 Section 511(b)]
[CITE: 10USC641]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
    CHAPTER 36--PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF 
                    OFFICERS ON THE ACTIVE-DUTY LIST
 
 SUBCHAPTER V--ADDITIONAL PROVISIONS RELATING TO PROMOTION, SEPARATION, 
                             AND RETIREMENT
 
Sec. 641. Applicability of chapter

    Officers in the following categories are not subject to this chapter 
(other than section 640 and, in the case of warrant officers, section 
628):
        (1) Reserve officers--
            (A) on active duty for training;
            (B) on active duty under section 3038, 5143, 5144, 8038, 
        10211, 10301 through 10305, 10502, 10505, 10506(a), 10506(b), 
        10507, or 12402 of this title or section 708 of title 32;
            (C) on active duty under section 12301(d) of this title in 
        connection with organizing, administering, recruiting, 
        instructing, or training the reserve components;
            (D) on the reserve active-status list who are on active duty 
        under section 12301(d) of this title, other than as provided in 
        subparagraph (C), under a call or order to active duty 
        specifying a period of three years or less;
            (E) on active duty to pursue special work;
            (F) ordered to active duty under section 12304 of this 
        title;
            (G) on active duty under section 10(b)(2) of the Military 
        Selective Service Act (50 U.S.C. App. 460(b)(2)) for the 
        administration of the Selective Service System; or
            (H) on full-time National Guard duty.

        (2) The director of admissions, dean, and permanent professors 
    at the United States Military Academy and the registrar, dean, and 
    permanent professors at the United States Air Force Academy.
        (3) Warrant officers.
        (4) Retired officers on active duty.
        (5) Students at the Uniformed Services University of the Health 
    Sciences.

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2866; 
amended Pub. L. 98-525, title IV, Sec. 414(a)(5), title V, Sec. 527(b), 
Oct. 19, 1984, 98 Stat. 2519, 2525; Pub. L. 99-433, title V, 
Sec. 531(a)(2), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 103-337, div. A, 
title XVI, Sec. 1671(c)(5), Oct. 5, 1994, 108 Stat. 3014; Pub. L. 104-
106, div. A, title XV, Sec. 1501(c)(6), Feb. 10, 1996, 110 Stat. 498; 
Pub. L. 104-201, div. A, title XII, Sec. 1212(e), Sept. 23, 1996, 110 
Stat. 2694; Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 521], Oct. 
30, 2000, 114 Stat. 1654, 1654A-108.)

                          Codification

    Pub. L. 103-337, div. A, title XVI, Secs. 1624, 1691(b)(1), Oct. 5, 
1994, 108 Stat. 2961, 3026, which directed amendment of this section 
effective Oct. 1, 1996, by inserting ``(a)'' before ``Officers in the 
following'' and by adding at the end a new subsec. (b), was amended by 
Pub. L. 104-106, div. A, title XV, Sec. 1501(a)(1)(A), Feb. 10, 1996, 
110 Stat. 495, and, as so amended, amends section 620 of this title 
instead of this section.


                               Amendments

    2000--Par. (1)(D) to (H). Pub. L. 106-398 added subpar. (D) and 
redesignated former subpars. (D) to (G) as (E) to (H), respectively.
    1996--Par. (1)(B). Pub. L. 104-201 inserted ``5143, 5144,'' after 
``3038,''.
    Pub. L. 104-106 substituted ``10502, 10505, 10506(a), 10506(b), 
10507'' for ``10501''.
    1994--Par. (1)(B). Pub. L. 103-337, Sec. 1671(c)(5)(A), substituted 
``3038, 8038, 10211, 10301 through 10305, 10501, or 12402'' for ``175, 
265, 3021, 3038, 3040, 3496, 5251, 5252, 8021, 8038, or 8496''.
    Par. (1)(C). Pub. L. 103-337, Sec. 1671(c)(5)(B), substituted 
``12301(d)'' for ``672(d)''.
    Par. (1)(E). Pub. L. 103-337, Sec. 1671(c)(5)(C), substituted 
``12304'' for ``673b''.
    1986--Par. (1)(B). Pub. L. 99-433 substituted ``3021, 3038, 3040, 
3496, 5251, 5252, 8021, 8038'' for ``3015, 3019, 3033, 3496, 5251, 5252, 
8019, 8033''.
    1984--Pub. L. 98-525, Sec. 527(b), substituted ``(other than section 
640 and, in the case of warrant officers, section 628)'' for ``(other 
than section 640)'' in provisions preceding par. (1).
    Par. (1)(C). Pub. L. 98-525, Sec. 414(a)(5)(A), struck out ``or 
under section 502 or 503 of title 32'' after ``section 672(d) of this 
title''.
    Par. (1)(G). Pub. L. 98-525, Sec. 414(a)(5)(B)-(D), added subpar. 
(G).


                    Effective Date of 1996 Amendment

    Section 1501(c) of Pub. L. 104-106 provided that the amendment made 
by that section is effective as of Dec. 1, 1994, and as if included as 
an amendment made by the Reserve Officer Personnel Management Act, title 
XVI of Pub. L. 103-337, as originally enacted.


                    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 a 
note under section 10001 of this title.


                             Effective Date

    Subchapter effective Sept. 15, 1981, but the authority to prescribe 
regulations under this subchapter effective on Dec. 12, 1980, see 
section 701 of Pub. L. 96-513, set out as an Effective Date of 1980 
Amendment note under section 101 of this title.


  Transition Provisions Under Defense Officer Personnel Management Act

    For provisions to prevent extinction or premature termination of 
rights, duties, penalties, or proceedings that existed or were begun 
prior to the effective date of Pub. L. 96-513 and otherwise to allow for 
an orderly transition to the system of officer personnel management put 
in place under Pub. L. 96-513, see section 601 et seq. of Pub. L. 96-
513, set out as a note under section 611 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 101, 620 of this title.
