# § 12645. Commissioned officers: retention until completion of required service
**1** Except as provided in subsection (b), a reserve commissioned officer who has not completed the period of service required of him by section 651 of this title or any other provision of law may not be discharged or transferred from an active status under chapter 843, 1407, 1409, or 1411 of this title or chapter 21 [^1] of title 14. Unless, under regulations prescribed by the Secretary concerned, he is promoted to a higher reserve grade, he shall be retained in an active status in his reserve grade for the rest of his period of required service and shall be an additional number to the authorized strength of his grade.
See References in Text note below.
**(b)** Subsection (a) does not prevent the discharge or transfer from an active status of—
**(1)** a commissioned warrant officer;
**(2)** an officer on the active-duty list or a reserve active-status list who is found not qualified for promotion to the grade of first lieutenant, in the case of an officer of the Army, Air Force, or Marine Corps, or lieutenant (junior grade), in the case of an officer of the Navy;
**(3)** an officer on the active-duty list or reserve active-status list who has failed of selection for promotion for the second time to the grade of captain, in the case of an officer of the Army, Air Force, or Marine Corps, or to the grade of lieutenant, in the case of an officer of the Navy; or
**(4)** an officer whose discharge or transfer from an active status is required by law.
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**Source Credit**: (Added Pub. L. 85–861, § 1(22)(B), Sept. 2, 1958, 72 Stat. 1444, § 1005; amended Pub. L. 93–586, § 2, Jan. 2, 1975, 88 Stat. 1920; Pub. L. 98–525, title V, § 528(a), Oct. 19, 1984, 98 Stat. 2525; renumbered § 12645 and amended Pub. L. 103–337, div. A, title XVI, §§ 1627, 1662(h)(2), 1675(d)(2), Oct. 5, 1994, 108 Stat. 2962, 2996, 3018; Pub. L. 104–106, div. A, title XV, § 1501(a)(4), Feb. 10, 1996, 110 Stat. 495; Pub. L. 104–201, div. A, title V, § 544(b), Sept. 23, 1996, 110 Stat. 2523; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1005 | 50:1181(1) (as applicable to 50: 1194).50:1194. | Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 204), 204, 68 Stat. 1149, 1151. |
The word “subsequently” is omitted as surplusage.
## Editorial Notes
### References in Text
Chapter 21 of title 14, referred to in text, was comprised of sections 701 to 713 and 720 to 746, prior to the renumbering of such sections as sections 3701 to 3714 and 3731 to 3757, respectively, of title 14 by , , . After renumbering, such sections now comprise chapter 37 (designated as chapter “1” in chapter analysis) of title 14.
### Amendments
2018—Subsec. (a). substituted “under chapter 843,” for “under chapter 573,”.
1996—Subsec. (b)(2). inserted “or a reserve active-status list” after “active-duty list”.
Subsec. (b)(3), (4). made technical correction to directory language of . See 1994 Amendment note below.
1994—, renumbered as this section.
Subsec. (a). , substituted “573, 1407, 1409, or 1411” for “337, 361, 363, 573, 837, 861, or 863”.
Subsec. (b)(3), (4). , as amended by , added pars. (3) and (4).
1984— substituted “(a) Except as provided in subsection (b), a reserve commissioned officer” for “A reserve commissioned officer, other than a commissioned warrant officer,”, struck out the comma before “may”, and added subsec. (b).
1975— inserted reference to chapter 21 of title 14.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2018 Amendment
Amendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
### Effective Date of 1996 Amendment
Amendment by effective as if included in the Reserve Officer Personnel Management Act, title XVI of , as enacted on , see , set out as a note under .
### Effective Date of 1994 Amendment
Amendment by sections 1627 and 1675(d)(2) of effective , see , set out as an Effective Date note under .