10 U.S.C. § 647

Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)

Section 647 - Force shaping authority

(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.

(b) COVERED OFFICERS.-

(1) The authority under this section may be exercised in the case of an officer (other than an officer of the Space Force) 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.

(e) SPACE FORCE.-For a similar provision with respect to officers of the Space Force, see section 20405 of this title.

10 U.S.C. § 647

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; Pub. L. 116-283, div. A, title IX, §924(b)(4)(H), (16), Jan. 1, 2021, 134 Stat. 3822, 3823; Pub. L. 118-31, div. A, title XVII, §1718(b), Dec. 22, 2023, 137 Stat. 658.

EDITORIAL NOTES

AMENDMENTS2023-Subsec. (b). Pub. L. 118-31, §1718(b)(1), inserted "(other than an officer of the Space Force)" after "in the case of an officer" in introductory provisions.Subsec. (c). Pub. L. 118-31, §1718(b)(2), which directed amendment of subsec. (c) by substituting "or Regular Marine Corps" for "Regular Marine Corps, of Regular Space Force", was executed by making the substitution for "Regular Marine Corps, or Regular Space Force" to reflect the probable intent of Congress.Subsec. (e). Pub. L. 118-31, §1718(b)(3), added subsec. (e).2021-Subsec. (a)(2). Pub. L. 116-283, §924(b) (16), struck out "of that armed force" before period at end.Subsec. (c). Pub. L. 116-283, §924(b)(4)(H), substituted "Regular Marine Corps, or Regular Space Force" for "or Regular Marine Corps".2008-Subsec. (b)(1)(A), (B). Pub. L. 110-181 substituted "six years" for "5 years".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108-375, set out as an Effective Date of 2004 Amendment note under section 531 of this title.

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
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.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
commissioned officer: The term "commissioned officer" includes a commissioned warrant officer.
officer: The term "officer" means a commissioned or warrant officer.