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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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---
type: "LegalText"
title: "10 U.S.C. § 12641"
description: "Standards and procedures: Secretary to prescribe"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 10
title_name: "ARMED FORCES"
chapter_number: "1219"
chapter_name: "STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION"
section: "12641"
citation: "10 U.S.C. § 12641"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
source_identifier: "/us/usc/t10/s12641"
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
source_hash: "eea6c1e9f696282bc9bd9107e3158cd795516a102a627b0c3daac22e8502ef28"
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
text_hash: "7c8c975c9dcfe62584aa4a1a028fb60f106979e280b6794f806cb7d4dfa4f160"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 10 U.S.C. § 12641 - Standards and procedures: Secretary to prescribe
## Text
(a) The Secretary concerned shall, by regulation, prescribe—
(1) standards and qualifications for the retention and promotion of members of the reserve components under his jurisdiction; and
(2) equitable procedures for the periodic determination of the compliance of each such Reserve with those standards and qualifications.
(b) If a Reserve fails to comply with the standards and qualifications prescribed under subsection (a), he shall—
(1) if qualified, be transferred to an inactive reserve status;
(2) if qualified, be retired without pay; or
(3) have his appointment or enlistment terminated.
(Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1001; renumbered § 12641 and amended Pub. L. 103337, div. A, title XVI, § 1662(h)(2), (4)(A), Oct. 5, 1994, 108 Stat. 2996.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1001(a)1001(b)10:1036c (1st sentence).34:440k (1st sentence).10:1036c (2d sentence).34:440k (2d sentence).June 29, 1948, ch. 708, § 304 (less last sentence), 62 Stat. 1088. In subsection (a), the words “As soon as may be practicable after the effective date of sections 10361036i [440h440q] of this title” are omitted as executed. The words “not inconsistent with said sections or any other Act” and “appropriate” are omitted as surplusage.
Editorial Notes
Amendments1994—Pub. L. 103337 renumbered section 1001 of this title as this section and substituted “Standards and procedures: Secretary to prescribe” for “Secretary to prescribe” as section catchline.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of this title.