---
kind: "section"
citation: "10 U.S.C. § 12683"
title: "10"
title_heading: "Armed Forces"
number: "12683"
heading: "Reserve officers: limitation on involuntary separation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12683"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1221 — Separation"
---

# §12683. Reserve officers: limitation on involuntary separation

- (a) An [officer](/usc/10/101.md?p=b-1) of a [reserve](/usc/10/101.md?p=c-6) component who has at least five years of service as a [commissioned officer](/usc/10/101.md?p=b-2) may not be separated from that component without his consent except—
  - (1) under an approved recommendation of a board of [officers](/usc/10/101.md?p=b-1) convened by an authority designated by the [Secretary concerned](/usc/10/101.md?p=a-9); or
  - (2) by the approved sentence of a court-martial.
- (b) [Subsection (a)](#a) does not apply to any of the following:
  - (1) A separation under section [12684](/usc/10/12684.md), [14901](/usc/10/14901.md), or [14907](/usc/10/14907.md) of this title.
  - (2) A dismissal under [section 1161(a) of this title](/usc/10/1161.md?p=a).
  - (3) A transfer under section [12213](/usc/10/12213.md), [12214](/usc/10/12214.md), [14514](/usc/10/14514.md), or [14515](/usc/10/14515.md) of this title.
  - (4) A separation of an [officer](/usc/10/101.md?p=b-1) who is in an inactive status in the Standby [Reserve](/usc/10/101.md?p=c-6) and who is not qualified for transfer to the Retired [Reserve](/usc/10/101.md?p=c-6) or is qualified for transfer to the Retired [Reserve](/usc/10/101.md?p=c-6) and does not apply for such a transfer.

## Source credit

(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.)

## Notes

### 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.