§12683. Reserve officers: limitation on involuntary separation
10 U.S.C. § 12683
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—
under an approved recommendation of a board of officers convened by an authority designated by the Secretary concerned; or
by the approved sentence of a court-martial.
Subsection (a) does not apply to any of the following:
A dismissal under section 1161(a) of this title.
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, amendments, and revision history
(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.)
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.