10 USC § 647 - Force shaping authority | Title 10 - Armed Forces | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(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 of that armed force.

(b) Covered Officers.—

(1) The authority under this section may be exercised in the case of an officer 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 Secretary’s authority under this section.

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(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 of that armed force.

(b) Covered Officers.—

(1) The authority under this section may be exercised in the case of an officer 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 Secretary’s authority under this section.

Source

(Added Pub. L. 108–375, div. A, title V, § 501(c)(1)(A),Oct. 28, 2004, 118 Stat. 1873; amended Pub. L. 110–181, div. A, title V, § 503(b),Jan. 28, 2008, 122 Stat. 95.)

Amendments

2008—Subsec. (b)(1)(A), (B). Pub. L. 110–181substituted “six years” for “5 years”.

Effective Date

Section effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) ofPub. L. 108–375, set out as an Effective Date of 2004 Amendment note under section 531 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 Friday, May 3, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"to" means a transfer to another section.
"omitted" means the section is omitted.
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"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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10 USC	Description of Change	Session Year	Public Law	Statutes at Large

10 USC § 647 - Force shaping authority

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