10 U.S.C. § 612
10 U.S.C. § 612
EDITORIAL NOTES
AMENDMENTS2021-Subsec. (a)(1). Pub. L. 116-283 inserted at end "The members of a selection board shall represent the diverse population of the armed force concerned to the extent practicable." 2011-Subsec. (c). Pub. L. 111-383 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "Each selection board convened under section 611(a) of this title that will consider officers who are serving in, or have served in, joint duty assignments shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is currently serving in a joint duty assignment. The Secretary of Defense may waive the preceding sentence in the case of any selection board of the Marine Corps."2000-Subsec. (a)(1). Pub. L. 106-398, §1[[div. A], title V, §504(a)(1)], struck out "who are on the active-duty list" after "five or more officers" in second sentence and inserted after second sentence "Each member of a selection board (except as provided in paragraphs (2), (3), and (4)) shall be an officer on the active-duty list."Subsec. (a)(3). Pub. L. 106-398, §1[[div. A], title V, §504(a)(2)], substituted "of that armed force on active duty (whether or not on the active-duty list). The actual number of reserve officers shall be" for "of that armed force, with the exact number of reserve officers to be" and "the Secretary's discretion. Notwithstanding the first sentence of this paragraph," for "his discretion, except that". 1986-Subsec. (c). Pub. L. 99-433 added subsec. (c).1985-Subsec. (a)(3). Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore". 1981-Subsec. (a)(2). Pub. L. 97-22, §4(a)(1), designated existing provisions as subpar. (A), substituted "Except as provided in subparagraph (B), a selection board" for "A selection board", and added subpar. (B).Subsec. (a)(3). Pub. L. 97-86 substituted "commodore" for "commodore admiral".Pub. L. 97-22, §4(a)(2), inserted ",with the exact number of reserve officers to be determined by the Secretary of the military department concerned in his discretion" after "at least one reserve officer of that armed force" and inserted "who are eligible to serve on the board" after "the next higher grade".Subsec. (a)(4). Pub. L. 97-22, §4(a)(3), substituted "Except as provided in paragraphs (2) and (3)" for "Except as provided in paragraph (3)" and "officers who are members of the same armed force and hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, reserve officers serving on active duty but not on the active-duty list, or members of the Ready Reserve" for "retired officers of the same armed force who hold a retired grade higher than the grade of the officers under consideration by the board" and designated as par. (5) provisions that retired general or flag officers on active duty for the purpose of serving on a selection board not be counted against any limitation on the number of general and flag officers who may be on active duty.Subsec. (a)(5). Pub. L. 97-22, §4(a)(3), added par. (5) consisting of provisions, formerly contained in par. (4).Subsec. (b). Pub. L. 97-22, §4(a)(4), inserted "convened under section 611(a) of this title" after "selection boards".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-398, §1[[div. A], title V, §504(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-102, provided that: "The amendments made by subsection (a) [amending this section] shall apply to any selection board convened under section 611(a) of title 10, United States Code, on or after August 1, 1981."
EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99-433, title IV, §406(f), Oct. 1, 1986, 100 Stat. 1034, provided that: "The amendments made by section 402 [amending this section and sections 615 and 618 of this title] shall take effect with respect to selection boards convened under section 611(a) of title 10, United States Code, after the end of the 120-day period beginning on the date of the enactment of this Act [Oct. 1, 1986]."
EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97-86, set out as a note under section 101 of this title.
EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active-duty list
- The term "active-duty list" means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
- flag officer
- The term "flag officer" means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.