10 USC § 12641 - Standards and procedures: Secretary to prescribe

---
identifier: "/us/usc/t10/s12641"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 12641 - Standards and procedures: Secretary to prescribe"
title_number: 10
title_name: "ARMED FORCES"
section_number: "12641"
section_name: "Standards and procedures: Secretary to prescribe"
chapter_number: 1219
chapter_name: "STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION"
part_number: "II"
part_name: "PERSONNEL GENERALLY"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1001; renumbered § 12641 and amended Pub. L. 103–337, div. A, title XVI, § 1662(h)(2), (4)(A), Oct. 5, 1994, 108 Stat. 2996.)"
---


# § 12641. Standards and procedures: Secretary to prescribe

**(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.

---

**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1001; renumbered § 12641 and amended Pub. L. 103–337, div. A, title XVI, § 1662(h)(2), (4)(A), Oct. 5, 1994, 108 Stat. 2996.)

| Revised section | Source (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 1036–1036i [440h–440q] 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

### Amendments

1994— renumbered  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 Amendment

Amendment by  effective , except as otherwise provided, see , set out as an Effective Date note under .