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Title 10, Armed ForcesRelease 119-102

§12312 Active Duty Agreements: Release From Duty

Title 10 › Subtitle E — Reserve Components › PART II — PERSONNEL GENERALLY › CHAPTER 1209 — ACTIVE DUTY › § 12312

Last updated Aug 21, 2026|Official source

Summary

Agreements must say a member cannot be taken off active duty without their consent during the agreed time, except in certain cases. One exception is a cut in force, but only if a panel of officers picked by the Secretary recommends the release under the Secretary’s rules. For any other reason, the member must get a chance to be heard by a panel before being released, unless they are dismissed by court‑martial, gone AWOL for at least 3 months, convicted and sentenced to prison with the sentence final, or twice not recommended for promotion under rules that would require a reserve officer’s release. If a member is released without agreeing before the end of the term, they get pay equal to their remaining years (and parts of years) times one month’s pay on the day of release — that month’s pay means basic pay plus special pay and allowances. This payment is extra to any other pay or allowances. A partial month of 15 days or more counts as a full month; less than 15 days is ignored. The payment does not apply in the court‑martial, AWOL, or final‑prison‑sentence cases above; if the release is for a disability caused by intentional misconduct or willful neglect; if the member is eligible for retirement, separation, or severance pay under another law; if placed on a temporary disability retired list; or if released to accept a regular component appointment or enlistment.

Full Legal Text

Title 10, §12312

Armed Forces, Source: USLM XML via OLRC

(a)Each agreement made under section 12311(a) of this title shall provide that the member may not be released from active duty without his consent during the period of the agreement—
(1)because of a reduction in the actual personnel strength of the armed force concerned, unless the release is in accordance with the recommendation of a board of officers appointed by an authority designated by the Secretary concerned to determine the members to be released from active duty under regulations prescribed by the Secretary; or
(2)for any other reason, without an opportunity to be heard by a board of officers before the release, unless he is (A) dismissed or discharged under the sentence of a court-martial, (B) released because of an unexplained absence without leave for at least three months, (C) released because he is convicted and sentenced to confinement in a Federal or State penitentiary or correctional institution and the sentence has become final, or (D) released because he has been considered at least twice and has not been recommended for promotion to the next higher grade or because he is considered as having failed of selection for promotion to the next higher grade and has not been recommended for promotion to that grade, under conditions that would require the release or separation of a reserve officer who is not serving under such agreement.
(b)A member who is released from active duty without his consent before the end of his agreement made under section 12311(a) of this title is entitled to an amount computed by multiplying the number of years and fractions of a year of his unexpired period of service under the agreement by the sum of one month’s basic pay, special pay, and allowances to which he is entitled on the day of his release. The amount to which a member is entitled under this subsection is in addition to any pay and allowances to which he is otherwise entitled. For the purposes of this subsection, a fraction of a month of 15 days or more is counted as a whole month, and a fraction of a month of less than 15 days is disregarded. This subsection does not apply to a member if he is—
(1)released for a reason described in subsection (a)(2)(A)–(C);
(2)released because of a physical disability resulting from his intentional misconduct or wilful neglect;
(3)eligible for retired pay, separation pay, or severance pay under another provision of law;
(4)placed on a temporary disability retired list; or
(5)released to accept an appointment, or to be enlisted, in a regular component of an armed force.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 680(a)680(b)50:963(a) (last sentence).50:963(b).July 9, 1952, ch. 608, § 235(a) (last sentence), (b), 66 Stat. 491. In subsections (a) and (b), the words “without his consent” are substituted for the word “involuntary”. In subsection (a)(1), the word “because” is substituted for the words “by reason”. The words “actual personnel strength” are substituted for the words “numerical strength of the military personnel”. In subsection (a)(2), the words “for any other reason” are substituted for the words “for reasons other than that prescribed in paragraph (1)”. The words “dismissed or discharged” are inserted for clarity. The words “at least” are substituted for the word “duration”. The words “is convicted and sentenced * * * and the sentence has become final” are substituted for the words “final conviction and sentence”. The words “from active duty” are omitted as surplusage. In subsection (b), the words “before the end of” are substituted for the words “prior to the expiration of the period of service under”. The words “computed by multiplying * * * and fractions of a year of his unexpired period of service under the agreement by the sum of one month’s * * * pay, and allowances” are substituted for the words “equal to one month’s pay and allowances multiplied by * * * (including any pro rata part thereof) remaining as the unexpired period of his agreement for active duty”. The words “basic * * * special pay * * * to which he is entitled on the day of his release” are substituted for 50:963(b) (2d sentence). The third sentence is substituted for 50:963(b) (last sentence). The last sentence is substituted for 50:963(b) (words within 1st parentheses). In subsection (b)(2), the words “because of” are substituted for the words “when such release is due to”. In subsection (b)(5), the words “to accept” are substituted for the words “for the purpose of accepting”. The words “of an armed force” are inserted for clarity.

Editorial Notes

Amendments

1994—Pub. L. 103–337, § 1662(e)(2), renumbered section 680 of this title as this section. Subsecs. (a), (b). Pub. L. 103–337, § 1675(c)(8), substituted “12311(a)” for “679(a)”. 1984—Subsec. (a)(2)(D). Pub. L. 98–525, § 1405(17), substituted “reserve officer” for “Reserve Officer”. Subsec. (b)(3). Pub. L. 98–525, § 533(b), inserted “, separation pay,” after “retired pay”. 1962—Subsec. (a)(2)(D). Pub. L. 87–509 added cl. (D).

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an

Effective Date

note under section 10001 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12312

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102