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LegalText 10 U.S.C. § 12643 Boards for appointment, promotion, and certain other purposes: composition us united_states_code code_section 10 ARMED FORCES 1219 STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION 12643 10 U.S.C. § 12643 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s12643 data/legal/raw/us/code/title-10/usc10.xml 434365ebfd3d3963241fe348d3b589c7e3349982a5fac394cea2451c0ddaef3e 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 d929a7e40d3b6636e66b7356293c57f52b1dc903d426f5539914baedd6785c26 2026-07-04 official
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10 U.S.C. § 12643 - Boards for appointment, promotion, and certain other purposes: composition

Text

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 11, § 266; Pub. L. 96513, title V, § 501(4), Dec. 12, 1980, 94 Stat. 2907; Pub. L. 9722, § 2(c), July 10, 1981, 95 Stat. 124; renumbered § 12643, Pub. L. 103337, div. A, title XVI, § 1662(h)(2), Oct. 5, 1994, 108 Stat. 2996.)

Notes

Historical and Revision Notes Revised sectionSource (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

Amendments1994—Pub. L. 103337 renumbered section 266 of this title as this section. 1981—Subsec. (a). Pub. L. 9722 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. 96513 substituted “Except as provided in section 612(a)(3) of this title, each” for “Each”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Sept. 15, 1981, see section 701 of Pub. L. 96513, set out as a note under section 101 of this title.