§ 12644. Members physically not qualified for active duty: discharge or transfer to retired status

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. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1004 · 70A Stat. 79

   Enacted · 10 U.S.C. § 12644

   Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1004

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1004

2. 1960

   Pub. L. 86–603 § 1(1) · 74 Stat. 357

   Changed · 10 U.S.C. § 12644(a)

   Pub. L. 86–603 limited the requirement for a physical examination every four years, and for the annual execution of a certificate of physical condition, to the Ready Reserve, and also required each Reserve in an active status, or on an inactive status list, who is not on active duty to execute and submit annually a certificate of physical condition

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–603 limited the requirement for a physical examination every four years, and for the annual execution of a certificate of physical condition, to the Ready Reserve, and also required each Reserve in an active status, or on an inactive status list, who is not on active duty to execute and submit annually a certificate of physical condition.

   Enacted provision · exact public law section
   (1) Section 1004(a) is amended to read as follows: “(a) Each member of the Ready Reserve who is not on active duty shall— “(1) be examined as to his physical fitness every four years, or more often as the Secretary concerned considers necessary; and “(2) execute and submit annually a certificate of physical condition.” Each Reserve in an active status, or on an inactive status list, who is not on active duty shall execute and submit annually a certificate of physical condition.”

3. 1993

   Pub. L. 103–160 div. A title V § 519 · 107 Stat. 1547

   Substituted · 10 U.S.C. § 12644(a)(1)

   Pub. L. 103–160 substituted “five years” for “four years”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–160 substituted “five years” for “four years”.

   Enacted provision · exact public law section
   SEC. 519. FREQUENCY OF PHYSICAL EXAMINATIONS OF MEMBERS OF THE READY RESERVE. Section 1004(a)(1) of title 10, United States Code, is amended by striking out “four years” and inserting in lieu thereof “five years”.

4. 1994

   Reserve Officer Personnel Management Act

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

   Substituted · 10 U.S.C. § 12644

   Pub. L. 103–337, § 1662(h)(2), (4)(B), renumbered section 1004 of this title as this section and substituted “Members physically not qualified for active duty: discharge or transfer to retired status” for “Physical examination” as section catchline

   Source evidence

   Code amendment note
   Pub. L. 103–337, § 1662(h)(2), (4)(B), renumbered section 1004 of this title as this section and substituted “Members physically not qualified for active duty: discharge or transfer to retired status” for “Physical examination” as section catchline.

   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

   Effective date note
   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.

5. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 § 1661(a)(4) · 108 Stat. 2663

   1. Struck · 10 U.S.C. § 12644

      Pub. L. 103–337, § 1661(a)(4), struck out “(c)” before “Except as otherwise provided”

   2. Struck · 10 U.S.C. § 12644

      Pub. L. 103–337, § 1661(a)(4), struck out subsecs. (a) and (b) which read as follows:

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–337, § 1661(a)(4), struck out “(c)” before “Except as otherwise provided” and struck out subsecs. (a) and (b) which read as follows:

   “(a) Each member of the Ready Reserve who is not on active duty shall— “(1) be examined as to his physical fitness every five years, or more often as the Secretary concerned considers necessary; and “(2) execute and submit annually a certificate of physical condition. Each Reserve in an active status, or on an inactive status list, who is not on active duty shall execute and submit annually a certificate of physical condition. “(b) The kind of duty to which a Reserve ordered to active duty may be assigned shall be considered in determining physical qualifications for active duty.”

   Enacted provision · exact public law section
   (4) Section 1004 is amended— (A) by striking out subsections (a) and (b); and (B) by striking out “(c)” before “Except as otherwise provided”.

   Effective date note
   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.

5 of 6 references resolved to an enrolled provision · 1 partial