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10 U.S.C. § 12684Reserves: separation for absence without authority or sentence to imprisonment

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 93 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President or the Secretary can remove a Reserve member from the rolls in three situations. One is being absent without authority for at least three months. The others involve being sentenced to confinement by a court-martial or by a civilian court.

The President or the Secretary in charge of that armed force can drop a Reserve member from the rolls in three situations: (1) the member has been absent without authority for at least three months; (2) the member can be separated under section 12687 because a court-martial sentenced them to confinement; or (3) a court other than a court-martial or military court found the member guilty of a crime and sentenced them to confinement in a federal or state prison, and that sentence is now final.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2998; amended Pub. L. 104–106, div. A, title V, § 563(b)(2), Feb. 10, 1996, 110 Stat. 325.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2998
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 325

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.

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