10 U.S.C. § 12312 — Active duty agreements: release from duty
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 438 words · no verdicts yet
A reservist under a fixed agreement usually can't be released early without consent. They get a hearing first, unless court-martialed, AWOL, convicted, or twice denied promotion. Early, involuntary release brings extra pay based on the unused agreement time.
(a) Every agreement made under section 12311(a) must say the member can't be released from active duty* without consent during the agreement period: (1) because of a troop-strength reduction, unless the release follows the recommendation of a board of officers the Secretary sets up under prescribed regulations; or (2) for any other reason, without first getting a hearing before a board of officers -- unless the member is (A) dismissed or discharged by court-martial sentence, (B) released for at least three months of unexplained absence without leave, (C) released after a final conviction and sentence to a federal or state prison, or (D) released after failing selection for promotion to the next grade* at least twice, or being treated as having failed selection, in circumstances that would require releasing a reserve officer* not under such an agreement.
(b) A member released without consent before their agreement ends gets paid an amount equal to the years and fractions of a year left on the agreement, multiplied by one month's basic pay*, special pay, and allowances at the time of release -- on top of any other pay owed. A partial month of 15 days or more counts as a full month; less than 15 days doesn't count. This extra pay doesn't apply if the member is released for the reasons in (a)(2)(A)-(C); released because of a disability from their own intentional misconduct or willful neglect; already eligible for retired pay, separation pay, or severance pay under another law; placed on the temporary disability retired list; or released to join the regular armed forces*.
Each agreement made under section 12311(a) of this title shall provide that the member may not be released from active duty* without his consent during the period of the agreement—
because of a reduction in the actual personnel strength of the armed force concerned, unless the release is in accordance with the recommendation of a board of officers appointed by an authority designated by the Secretary concerned* to determine the members to be released from active duty under regulations prescribed by the Secretary; or
for any other reason, without an opportunity to be heard by a board of officers before the release, unless he is (A) dismissed or discharged under the sentence of a court-martial, (B) released because of an unexplained absence without leave for at least three months, (C) released because he is convicted and sentenced to confinement in a Federal or State penitentiary or correctional institution and the sentence has become final, or (D) released because he has been considered at least twice and has not been recommended for promotion to the next higher grade* or because he is considered as having failed of selection for promotion to the next higher grade and has not been recommended for promotion to that grade, under conditions that would require the release or separation of a reserve officer* who is not serving under such agreement.
A member who is released from active duty without his consent before the end of his agreement made under section 12311(a) of this title is entitled to an amount computed by multiplying the number of years and fractions of a year of his unexpired period of service under the agreement by the sum of one month’s basic pay*, special pay, and allowances to which he is entitled on the day of his release. The amount to which a member is entitled under this subsection is in addition to any pay and allowances to which he is otherwise entitled. For the purposes of this subsection, a fraction of a month of 15 days or more is counted as a whole month, and a fraction of a month of less than 15 days is disregarded. This subsection does not apply to a member if he is—
released for a reason described in subsection (a)(2)(A)–(C);
released because of a physical disability resulting from his intentional misconduct or wilful neglect;
eligible for retired pay, separation pay, or severance pay under another provision of law;
placed on a temporary disability retired list; or
released to accept an appointment, or to be enlisted, in a regular component of an armed force.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 30, § 680; Pub. L. 87–509, § 2, June 28, 1962, 76 Stat. 121; Pub. L. 98–525, title V, § 533(b), title XIV, § 1405(17), Oct. 19, 1984, 98 Stat. 2528, 2622; renumbered § 12312 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(8), Oct. 5, 1994, 108 Stat. 2992, 3017.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1962Amended · Pub. L. 87-509 · 76 Stat. 121
- 1984Amended · Pub. L. 98-525 · 98 Stat. 2528, 2622
- 1994Amended · Pub. L. 103-337 · 108 Stat. 2992, 3017
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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