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

Version history — every release point where this text changed

Release point 115-40u1 · current through 07/01/2017

115-45 is not ingested; this is Title 10 as published at 115-40u1 (2017-07-01), which is the latest release point at or before it that carries this title.

§ 12643.

Boards for appointment, promotion, and certain other purposes: composition

(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.

Source(Aug. 10, 1956, ch. 1041, 70A Stat. 11, § 266; Pub. L. 96–513, title V, § 501(4),
Dec. 12, 1980
, 94 Stat. 2907; Pub. L. 97–22, § 2(c),
July 10, 1981
, 95 Stat. 124; renumbered § 12643, Pub. L. 103–337, div. A, title XVI, § 1662(h)(2),
Oct. 5, 1994
, 108 Stat. 2996.)
Notes
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.

Amendments

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”.

Effective Date of 1980 Amendment

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.

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