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
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.
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.
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, § 266Defense 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.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”.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 section | Source (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
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 11, § 266
- 1980Pub. L. 96–513, title V, § 501(4), , 94 Stat. 2907
- 1981Pub. L. 97–22, § 2(c), , 95 Stat. 124
- 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.)