Page:United States Statutes at Large Volume 70A.djvu/137

79 79 CHAPTER

49.—MISCELLANEOUS PROHIBITIONS PENALTIES [No present sections]

AND

CHAPTER 51.—RESERVE COMPONENTS: STANDARDS A N D PROCEDURES FOR RETENTION A N D PROMOTION Sec. 1001. Secretary to prescribe. 1003. Officers: age limitations. 1004. Physical examination.

§ 1001. Secretary to prescribe (a) The Secretary concerned shall, by r e f l a t i o n, prescribe— (1) standards and qualifications for the retention and promotion of members of the reserve components under his jurisdiction; and (2) equitable procedures for the periodic determination of the compliance of each such Reserve with those standards and qualifications. (b) If a Reserve fails to comply with the standards and qualifications prescribed under subsection (a), he shall— (1) if qualified, be transferred to an inactive reserve status; (2) if qualified, be retired without pay; or (3) have his appointment or enlistment terminated. § 1003. Officers: age limitations A reserve officer who has passed the maximum age prescribed for his grade and classification may, as prescribed by the Secretary concerned— (1) be separated from the armed force concerned; (2) be retained in, or transferred to, an active or inactive status; or (3) upon his request, be retained in, or transferred to, a retired status. However, no officer of the Army National Guard of the United States or the Air National Guard of the United States may be retained or transferred under this section without the consent of the governor or other appropriate authority of the jurisdiction concerned. §1004. Physical examination (a) Each Reserve who is not on active duty and not in the Retired Reserve shall be examined as to his physical fitness at least once every four years, or more often as the Secretary concerned considers necessary, and shall execute and submit annually a certificate of physical condition. (b) The kind of duty to which a Reserve ordered to active duty may be assigned shall be considered in determining physical qualifications for active duty. (c) Except as otherwise provided by law, the Secretary concerned may provide for the honorable discharge or the transfer to a retired status of members of the reserve components under his jurisdiction who are found to be not physically qualified for active duty. How-

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