10 U.S. Code § 12644 - Members physically not qualified for active duty: discharge or transfer to retired status

Except as otherwise provided by law, the Secretary concerned may provide for the honorable discharge or the transfer to a retired status of members of the reserve components under his jurisdiction who are found to be not physically qualified for active duty. However, no member of the Army National Guard of the United States or the Air National Guard of the United States may be transferred under this subsection without the consent of the governor or other appropriate authority of the jurisdiction concerned.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1004; Pub. L. 86–603, § 1(1),July 7, 1960, 74 Stat. 357; Pub. L. 103–160, div. A, title V, § 519,Nov. 30, 1993, 107 Stat. 1651; renumbered § 12644 and amended Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(4), 1662(h)(2), (4)(B),Oct. 5, 1994, 108 Stat. 2980, 2996, 2997.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
1004(a)
1004(b)
1004(c) 50:949.
50:950 (last sentence).
50:950 (less last sentence). July 9, 1952, ch. 608, §§ 225, 226, 66 Stat. 488.

In subsection (a), the words “Each * * * who is not on active duty” are substituted for the words “when not on active duty all”. The words “examined as to his physical fitness” are substituted for the words “given physical examinations”. The words “be required to” are omitted as surplusage. The words “execute and” are inserted for clarity.
In subsection (c), the words “under his jurisdiction” are inserted for clarity.
Amendments

1994—Pub. L. 103–337, § 1662(h)(2), (4)(B), renumbered section 1004 of this title as this section and substituted “Members physically not qualified for active duty: discharge or transfer to retired status” for “Physical examination” as section catchline.
Pub. L. 103–337, § 1661(a)(4), struck out “(c)” before “Except as otherwise provided” and struck out subsecs. (a) and (b) which read as follows:
“(a) Each member of the Ready Reserve who is not on active duty shall—
“(1) be examined as to his physical fitness every five years, or more often as the Secretary concerned considers necessary; and
“(2) execute and submit annually a certificate of physical condition.
Each Reserve in an active status, or on an inactive status list, who is not on active duty shall execute and submit annually a certificate of physical condition.
“(b) The kind of duty to which a Reserve ordered to active duty may be assigned shall be considered in determining physical qualifications for active duty.”
1993—Subsec. (a)(1). Pub. L. 103–160substituted “five years” for “four years”.
1960—Subsec. (a). Pub. L. 86–603limited the requirement for a physical examination every four years, and for the annual execution of a certificate of physical condition, to the Ready Reserve, and also required each Reserve in an active status, or on an inactive status list, who is not on active duty to execute and submit annually a certificate of physical condition.
Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337effective Dec. 1, 1994, except as otherwise provided, see section 1691 ofPub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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10 USCDescription of ChangeSession YearPublic LawStatutes at Large

 

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