10 U.S.C. § 12683: Reserve officers…

Summary

A reserve officer who has at least five years of service as a commissioned officer cannot be forced out of the reserve without their consent, unless the separation is approved by a board of officers set up by an authority the Secretary names, or it is the approved sentence of a court-martial. That protection does not apply to separations or moves covered by other rules: separations under 12684, 14901, or 14907; a dismissal under 1161(a); transfers under 12213, 12214, 14514, or 14515; or a separation of an inactive Standby Reserve officer who is not qualified for transfer to the Retired Reserve or who is qualified but does not apply.

Title 10, §12683

Armed Forces, Source: USLM XML via OLRC

(a)An officer of a reserve component who has at least five years of service as a commissioned officer may not be separated from that component without his consent except—

(1)under an approved recommendation of a board of officers convened by an authority designated by the Secretary concerned; or

(2)by the approved sentence of a court-martial.

(b)Subsection (a) does not apply to any of the following:

(1)A separation under section 12684, 14901, or 14907 of this title.

(2)A dismissal under section 1161(a) of this title.

(3)A transfer under section 12213, 12214, 14514, or 14515 of this title.

(4)A separation of an officer who is in an inactive status in the Standby Reserve and who is not qualified for transfer to the Retired Reserve or is qualified for transfer to the Retired Reserve and does not apply for such a transfer.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Amendments

1998—Subsec. (b)(2). Pub. L. 105–261 substituted a period for “; or” at end. 1997—Subsec. (b). Pub. L. 105–85, § 516(a)(1), substituted “apply to any of the following:” for “apply—” in introductory provisions. Subsec. (b)(1). Pub. L. 105–85, § 516(b)(1), (2), substituted “A” for “to a” and “title.” for “title;”. Subsec. (b)(2). Pub. L. 105–85, § 516(b)(3), which directed substitution of a period for “; and” at end of par. (2), could not be executed because “; and” did not appear in par. (2). Pub. L. 105–85, § 516(b)(1), substituted “A” for “to a”. Subsec. (b)(3). Pub. L. 105–85, § 516(b)(1), substituted “A” for “to a”. Subsec. (b)(4). Pub. L. 105–85, § 516(a)(2), added par. (4).

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.

§12683 Reserve Officers: Limitation on Involuntary Separation