10-U.S.C.-12644

§12644 – Members Physically Not Qualified For Active Duty: Discharge Or Transfer to Retired Status

Pathway

Title 10 > Subtitle E > Part II > Chapter 1219 > Section 12644

Details

• Reference: Section 12644
• Legend: §12644 – Members Physically Not Qualified For Active Duty: Discharge Or Transfer to Retired Status
• USCode Year: 2013

Provision Content

Except as otherwise provided by law, the Secretary concerned may provide for the honorable discharge or the transfer to a retired status of members of the reserve components under his jurisdiction who are found to be not physically qualified for active duty. However, no member of the Army National Guard of the United States or the Air National Guard of the United States may be transferred under this subsection without the consent of the governor or other appropriate authority of the jurisdiction concerned.

(Aug. 10, 1956, ch. 1041, 70A Stat. 79, §1004; Pub. L. 86–603, §1(1), July 7, 1960, 74 Stat. 357; Pub. L. 103–160, div. A, title V, §519, Nov. 30, 1993, 107 Stat. 1651; renumbered §12644 and amended Pub. L. 103–337, div. A, title XVI, §§1661(a)(4), 1662(h)(2), (4)(B), Oct. 5, 1994, 108 Stat. 2980, 2996, 2997.)

In subsection (a), the words Each * * * who is not on active duty are substituted for the words when not on active duty all. The words examined as to his physical fitness are substituted for the words given physical examinations. The words be required to are omitted as surplusage. The words execute and are inserted for clarity.

In subsection (c), the words under his jurisdiction are inserted for clarity.

Amendments

1994—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.

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.

1993—Subsec. (a)(1). Pub. L. 103–160 substituted five years for four years.

1960—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.

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.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-12529 in the Legal Encyclopedia: Army Reserve

In this entry about 10-U.S.C.-12529, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.

10-U.S.C.-12528 in the Legal Encyclopedia: Army Reserve Personnel

In this entry about 10-U.S.C.-12528, find legal reference material, bibliographies and premiere content related to army reserve personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve personnel-specific issues, written by authorities in the field.

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