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2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 647 Force shaping authority us united_states_code code_section 10 ARMED FORCES 36 PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST 647 10 U.S.C. § 647 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/s647 data/legal/raw/us/code/title-10/usc10.xml 906369233159532248942e0ce303576ff6c77586a604fa06e2ba3e4f592cec6b 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 e8762ba857ddc21398da16e057cb8727942df238a558974391658377b23b0cf8 2026-07-04 official
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10 U.S.C. § 647 - Force shaping authority

Text

(a) Authority.— The Secretary concerned may, solely for the purpose of restructuring an armed force under the jurisdiction of that Secretary—

(1) discharge an officer described in subsection (b); or

(2) transfer such an officer from the active-duty list of that armed force to the reserve active-status list of a reserve component.

(b) Covered Officers.— (1) The authority under this section may be exercised in the case of an officer (other than an officer of the Space Force) who—

(A) has completed not more than six years of service as a commissioned officer in the armed forces; or

(B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed a minimum service obligation applicable to that member.

(2) In this subsection, the term “minimum service obligation” means the initial period of required active duty service together with any additional period of required active duty service incurred during the initial period of required active duty service.

(c) Appointment of Transferred Officers.— An officer of the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active-status list under this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under section 12203 of this title.

(d) Regulations.— The Secretary concerned shall prescribe regulations for the exercise of the Secretarys authority under this section.

(e) Space Force.— For a similar provision with respect to officers of the Space Force, see section 20405 of this title.

(Added Pub. L. 108375, div. A, title V, § 501(c)(1)(A), Oct. 28, 2004, 118 Stat. 1873; amended Pub. L. 110181, div. A, title V, § 503(b), Jan. 28, 2008, 122 Stat. 95; Pub. L. 116283, div. A, title IX, § 924(b)(4)(H), (16), Jan. 1, 2021, 134 Stat. 3822, 3823; Pub. L. 11831, div. A, title XVII, § 1718(b), Dec. 22, 2023, 137 Stat. 658.)

Notes

Editorial Notes

Amendments2023—Subsec. (b). Pub. L. 11831, § 1718(b)(1), inserted “(other than an officer of the Space Force)” after “in the case of an officer” in introductory provisions. Subsec. (c). Pub. L. 11831, § 1718(b)(2), which directed amendment of subsec. (c) by substituting “or Regular Marine Corps” for “Regular Marine Corps, of Regular Space Force”, was executed by making the substitution for “Regular Marine Corps, or Regular Space Force” to reflect the probable intent of Congress. Subsec. (e). Pub. L. 11831, § 1718(b)(3), added subsec. (e). 2021—Subsec. (a)(2). Pub. L. 116283, § 924(b)(16), struck out “of that armed force” before period at end. Subsec. (c). Pub. L. 116283, § 924(b)(4)(H), substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”. 2008—Subsec. (b)(1)(A), (B). Pub. L. 110181 substituted “six years” for “5 years”.

Statutory Notes and Related Subsidiaries

Effective DateSection effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108375, set out as an Effective Date of 2004 Amendment note under section 531 of this title.