Us Code § 12683 - Reserve officers: limitation on involuntary separation
Full text of Us Code United States Code § 12683 — Reserve officers: limitation on involuntary separation, with citation guidance and answers to common questions.
§ 12683. Reserve officers: limitation on involuntary separation
(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.)
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.
About This Section
10 U.S.C. § 12683 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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