--- kind: "section" citation: "10 U.S.C. § 12645" title: "10" title_heading: "Armed Forces" number: "12645" heading: "Commissioned officers: retention until completion of required service" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/12645" units: - "Subtitle E — Reserve Components" - "Part II — Personnel Generally" - "Chapter 1219 — Standards and Procedures for Retention and Promotion" --- # §12645. Commissioned officers: retention until completion of required service - (a) Except as provided in [subsection (b)](#b), a [reserve](/usc/10/101.md?p=c-6) [commissioned officer](/usc/10/101.md?p=b-2) who has not completed the period of service required of him by [section 651 of this title](/usc/10/651.md) or any other provision of law may not be discharged or transferred from an [active status](/usc/10/101.md?p=d-4) under chapter [843](/usc/10/chstC/ptII/ch843.md), [1407](/usc/10/chstE/ptIII/ch1407.md), [1409](/usc/10/chstE/ptIII/ch1409.md), or [1411](/usc/10/chstE/ptIII/ch1411.md) of this title or [chapter 21](/usc/10/chstA/ptI/ch21.md)[^1] of title 14. Unless, under regulations prescribed by the [Secretary concerned](/usc/10/101.md?p=a-9), he is promoted to a higher [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7), he shall be retained in an [active status](/usc/10/101.md?p=d-4) in his [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) for the rest of his period of required service and shall be an additional number to the [authorized strength](/usc/10/101.md?p=b-11) of his [grade](/usc/10/101.md?p=b-7). - (b) [Subsection (a)](#a) does not prevent the discharge or transfer from an [active status](/usc/10/101.md?p=d-4) of— - (1) a commissioned [warrant officer](/usc/10/101.md?p=b-3); - (2) an [officer](/usc/10/101.md?p=b-1) on the [active-duty list](/usc/10/101.md?p=b-13) or a [reserve active-status list](/usc/10/101.md?p=c-7) who is found not qualified for promotion to the [grade](/usc/10/101.md?p=b-7) of first lieutenant, in the case of an [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, or Marine Corps, or lieutenant (junior [grade](/usc/10/101.md?p=b-7)), in the case of an [officer](/usc/10/101.md?p=b-1) of the Navy; - (3) an [officer](/usc/10/101.md?p=b-1) on the [active-duty list](/usc/10/101.md?p=b-13) or [reserve active-status list](/usc/10/101.md?p=c-7) who has failed of selection for promotion for the second time to the [grade](/usc/10/101.md?p=b-7) of captain, in the case of an [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, or Marine Corps, or to the [grade](/usc/10/101.md?p=b-7) of lieutenant, in the case of an [officer](/usc/10/101.md?p=b-1) of the Navy; or - (4) an [officer](/usc/10/101.md?p=b-1) whose discharge or transfer from an [active status](/usc/10/101.md?p=d-4) is required by law. ## Footnotes [^1]: See References in Text note below. ## 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.) ## Notes | Historical and Revision Notes | | | | --- | --- | --- | | 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 Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233. After renumbering, such sections now comprise chapter 37 (designated as chapter “1” in chapter analysis) of title 14. ### Amendments 2018—Subsec. (a). Pub. L. 115–232 substituted “under chapter 843,” for “under chapter 573,”. 1996—Subsec. (b)(2). Pub. L. 104–201 inserted “or a reserve active-status list” after “active-duty list”. Subsec. (b)(3), (4). Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1627. See 1994 Amendment note below. 1994—Pub. L. 103–337, § 1662(h)(2), renumbered section 1005 of this title as this section. Subsec. (a). Pub. L. 103–337, § 1675(d)(2), substituted “573, 1407, 1409, or 1411” for “337, 361, 363, 573, 837, 861, or 863”. Subsec. (b)(3), (4). Pub. L. 103–337, § 1627, as amended by Pub. L. 104–106, added pars. (3) and (4). 1984—Pub. L. 98–525 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—Pub. L. 93–586 inserted reference to chapter 21 of title 14. ### Statutory Notes and Related Subsidiaries ### Effective Date of 2018 Amendment Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. ### Effective Date of 1996 Amendment Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. ### Effective Date of 1994 Amendment Amendment by sections 1627 and 1675(d)(2) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.