---
kind: "section"
citation: "10 U.S.C. § 12641"
title: "10"
title_heading: "Armed Forces"
number: "12641"
heading: "Standards and procedures: Secretary to prescribe"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12641"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1219 — Standards and Procedures for Retention and Promotion"
---

# §12641. Standards and procedures: Secretary to prescribe

- (a) The [Secretary concerned](/usc/10/101.md?p=a-9) shall, by regulation, prescribe—
  - (1) standards and qualifications for the retention and promotion of members of the [reserve](/usc/10/101.md?p=c-6) components under his jurisdiction; and
  - (2) equitable procedures for the periodic determination of the compliance of each such [Reserve](/usc/10/101.md?p=c-6) with those standards and qualifications.
- (b) If a [Reserve](/usc/10/101.md?p=c-6) fails to comply with the standards and qualifications prescribed under [subsection (a)](#a), he shall—
  - (1) if qualified, be transferred to an inactive [reserve](/usc/10/101.md?p=c-6) status;
  - (2) if qualified, be retired without [pay](/usc/10/101.md?p=a-15); 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1001(a)<br>1001(b) | 10:1036c (1st sentence).<br>34:440k (1st sentence).<br>10:1036c (2d sentence).<br>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—Pub. L. 103–337 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 Amendment

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