§12684 — Title 10 Armed Forces | U.S. Code

Summary

The President or the Secretary in charge of a military service can remove a Reservist from the service rolls for three reasons. They can do this if the Reservist has been absent without permission for at least three months, if a court-martial sentenced them to confinement (making them eligible for separation under section 12687), or if a federal or state court convicted them and gave a final prison sentence.

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.

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.

§12684 Reserves: Separation for Absence Without Authority or Sentence to Imprisonment