Title 10 — Armed ForcesRelease 119-73

§12684 Reserves: separation for absence without authority or sentence to imprisonment

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1221— - SEPARATION › § 12684

Last updated Apr 6, 2026|Official source

Summary

The President or the Secretary in charge can remove a reservist from the reserve rolls in three situations. The reservist has been absent without permission for at least three months; has been sentenced to confinement by a military court in a way that allows separation under section 12687; or has been convicted by a non‑military federal or state court and given a final sentence to a federal or state prison or correctional institution.

Full Legal Text

Title 10, §12684

Armed Forces — Source: USLM XML via OLRC

The President or the Secretary concerned may drop from the rolls of the armed force concerned any Reserve—

(1)who has been absent without authority for at least three months;

(2)who may be separated under section 12687 of this title by reason of a sentence to confinement adjudged by a court-martial; or

(3)who is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 1163(b) of this title, prior to repeal by Pub. L. 103–337, § 1662(i)(2).

Amendments

1996—Pub. L. 104–106 struck out “or” at end of par. (1), added par. (2), and redesignated former par. (2) as (3).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12684

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73