§12641. Standards and procedures: Secretary to prescribe
(a) The Secretary concerned shall, by regulation, prescribe—
(1) standards and qualifications for the retention and promotion of members of the reserve components under his jurisdiction; and
(2) equitable procedures for the periodic determination of the compliance of each such Reserve with those standards and qualifications.
(b) If a Reserve fails to comply with the standards and qualifications prescribed under subsection (a), he shall—
(1) if qualified, be transferred to an inactive reserve status;
(2) if qualified, be retired without pay; or
(3) have his appointment or enlistment terminated.
( Aug. 10, 1956, ch. 1041 , 70A Stat. 79 , § 1001; renumbered § 12641 and amended Pub. L. 103-337, div. A, title XVI, § 1662(h)(2) , (4)(A), Oct. 5, 1994 , 108 Stat. 2996 .)
Historical and Revision Notes
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
1001(a)
1001(b) | 10:1036c (1st sentence). 34:440k (1st sentence). 10:1036c (2d sentence). 34:440k (2d sentence). | June 29, 1948, ch. 708, § 304 (less last sentence), 62 Stat. 1088. |
In subsection (a), the words “As soon as may be practicable after the effective date of sections 1036–1036i [440h–440q] of this title” are omitted as executed. The words “not inconsistent with said sections or any other Act” and “appropriate” are omitted as surplusage.
Editorial Notes
Amendments
1994—Pub. L. 103-337 renumbered section 1001 of this title as this section and substituted “Standards and procedures: Secretary to prescribe” for “Secretary to prescribe” as section catchline.
Statutory Notes and Related Subsidiaries
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.