FEDERAL · 10 U.S.C. · Chapter 1219
Boards for appointment, promotion, and certain other purposes: composition
Current through Pub. L. 119-102
(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 advocat
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10 U.S.C. § 12643 (Boards for appointment, promotion, and certain other purposes: composition) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Ron L. Fluellen,plaintiff-Appellant v. United States,defendant-Appellee
225 F.3d 1298 (Federal Circuit, 2000)
Moss v. United States
549 F. Supp. 2d 721 (E.D. North Carolina, 2007)
Source Credit
History
(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.)
Editorial Notes
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
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".
Statutory Notes and Related Subsidiaries
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.
In subsection (b), the words "in rank" and "by that board" are inserted for clarity.
Editorial Notes
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".
Statutory Notes and Related Subsidiaries
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.