10-U.S.C.-12683

§12683 – Reserve officers: Limitation On Involuntary Separation

Pathway

Title 10 > Subtitle E > Part II > Chapter 1221 > Section 12683

Details

• Reference: Section 12683
• Legend: §12683 – Reserve officers: Limitation On Involuntary Separation
• USCode Year: 2013

Provision Content

(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.

(Added Pub. L. 103–337, div. A, title XVI, §1662(i)(1), Oct. 5, 1994, 108 Stat. 2997; amended Pub. L. 105–85, div. A, title V, §516, Nov. 18, 1997, 111 Stat. 1733; Pub. L. 105–261, div. A, title X, §1069(a)(8), Oct. 17, 1998, 112 Stat. 2136.)

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).

U.S. Encyclopedia of Law Coverage

10-U.S.C.-12683 in the Legal Encyclopedia: Army Reserve

In this entry about 10-U.S.C.-12683, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.

10-U.S.C.-12682 in the Legal Encyclopedia: Army Reserve Personnel

In this entry about 10-U.S.C.-12682, find legal reference material, bibliographies and premiere content related to army reserve personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve personnel-specific issues, written by authorities in the field.

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