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Title 10 — Armed Forces

Part II · Chapter 1219 — Standards and Procedures for Retention and Promotion

§ 12643. Boards for appointment, promotion, and certain other purposes: composition

Statutory text

(a)

Except as provided in section 612(a)(3) of this title and except for boards that may be convened to select Reserves for appointment in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include at least one member of the Reserves, with the exact number of Reserves determined by the Secretary concerned in his discretion.

(b)

Each member of a board convened for the selection for promotion, or for the demotion or discharge, of Reserves must be senior in rank to the persons under consideration by that board. However, a member serving in a legal advisory capacity may be junior in rank to any person, other than a judge advocate or law specialist, being considered by that board; and a member serving in a medical advisory capacity may be junior in rank to any person, other than a medical officer, being considered by that board.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 11, § 266 · 70A Stat. 11

    Enacted · 10 U.S.C. § 12643

    Aug. 10, 1956, ch. 1041, 70A Stat. 11, § 266

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 11, § 266

  2. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 501(4) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 12643(a)

    Pub. L. 96–513 substituted “Except as provided in section 612(a)(3) of this title, each” for “Each”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–513 substituted “Except as provided in section 612(a)(3) of this title, each” for “Each”.

    Enacted provision · exact public law section
    (4) Section 266(a) is amended by striking out “Each” and inserting in lieu thereof “Except as provided in section 612(a)(3) of this title, each”.

    Effective date note
    Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

  3. Defense Officer Personnel Management Act Technical Corrections Act

    Pub. L. 97–22 § 2(c) · 95 Stat. 124

    Substituted · 10 U.S.C. § 12643(a)

    Pub. L. 97–22 substituted “Except as provided in section 612(a)(3) of this title and except for Boards that may be convened to select Reserves for appointment in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include at least one member of the Reserves, with the exact number of Reserves determined by the Secretary concerned in his discretion” for “Except as provided in section 612(a)(3) of this title, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include an appropriate number of Reserves, as prescribed by the Secretary concerned under standards and policies prescribed by the Secretary of Defense”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–22 substituted “Except as provided in section 612(a)(3) of this title and except for Boards that may be convened to select Reserves for appointment in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include at least one member of the Reserves, with the exact number of Reserves determined by the Secretary concerned in his discretion” for “Except as provided in section 612(a)(3) of this title, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include an appropriate number of Reserves, as prescribed by the Secretary concerned under standards and policies prescribed by the Secretary of Defense”.

    Enacted provision · exact public law section
    (c) Section 266(a) of such title (as amended by section 501(4) of the Act (94 Stat. 2907)) is amended— (1) by striking out “title,” and inserting in lieu thereof “title and except for boards that may be convened to select Reserves for appointment in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps,”; and (2) by striking out “an appropriate number of Reserves, as prescribed by the Secretary concerned under standards and policies prescribed by the Secretary of Defense” and inserting in lieu thereof “at least one member of the Reserves, with the exact number of Reserves determined by the Secretary concerned in his discretion”.

  4. Reserve Officer Personnel Management Act

    Pub. L. 103–337 div. A title XVI § 1662(h)(2) · 108 Stat. 2663

    Changed · 10 U.S.C. § 12643

    Pub. L. 103–337 renumbered section 266 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 103–337 renumbered section 266 of this title as this section.

    Enacted provision · exact public law section
    (2) Sections 1001, 1002, 266, 1004 (as amended by section 1661(b)(4)), and 1005 through 1007 are transferred (in that order) to chapter 1219, as added by paragraph (1), inserted after the table of sections, and redesignated as follows: Section Redesignated section  1001 12641  1002 12642  266 12643  1004 12644  1005 12645  1006 12646  1007 12647

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
266(a)266(b)50:1005(a).50:1005(b).July 9, 1952, ch. 608, § 254, 66 Stat. 496.

In subsection (a), the words “under * * * prescribed” are substituted for the words “in accordance * * * established”.

In subsection (b), the words “in rank” and “by that board” are inserted for clarity.

Editorial Notes

Amendments1980–1994 · 3 rounds

1994

Pub. L. 103–337 renumbered section 266 of this title as this section.

1981

Subsec. (a). Pub. L. 97–22 substituted “Except as provided in section 612(a)(3) of this title and except for Boards that may be convened to select Reserves for appointment in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include at least one member of the Reserves, with the exact number of Reserves determined by the Secretary concerned in his discretion” for “Except as provided in section 612(a)(3) of this title, each board convened for the appointment, promotion, demotion, involuntary release from active duty, discharge, or retirement of Reserves shall include an appropriate number of Reserves, as prescribed by the Secretary concerned under standards and policies prescribed by the Secretary of Defense”.

1980

Subsec. (a). Pub. L. 96–513 substituted “Except as provided in section 612(a)(3) of this title, each” for “Each”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Credits

1956–1994 · 4 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 11, § 266
  2. 1980Pub. L. 96–513, title V, § 501(4), , 94 Stat. 2907
  3. 1981Pub. L. 97–22, § 2(c), , 95 Stat. 124
  4. 1994renumbered § 12643, Pub. L. 103–337, div. A, title XVI, § 1662(h)(2), , 108 Stat. 2996.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 11, § 266; Pub. L. 96–513, title V, § 501(4), , 94 Stat. 2907; Pub. L. 97–22, § 2(c), , 95 Stat. 124; renumbered § 12643, Pub. L. 103–337, div. A, title XVI, § 1662(h)(2), , 108 Stat. 2996.)

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