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10 U.S.C. § 12683Reserve officers: limitation on involuntary separation

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 148 words · no verdicts yet

in plain englishAI-generated · not legal advice

A reserve officer with at least five years of service usually cannot be forced out without agreeing to it. They can only be separated through a formal board recommendation or a court-martial sentence. Some other kinds of separations and transfers are not covered by this protection.

(a) An officer in a reserve component who has served at least five years as a commissioned officer cannot be separated from that component without their consent -- unless (1) a board of officers, convened by an authority the Secretary concerned names, recommends it and that recommendation is approved, or (2) a court-martial sentences the officer to separation and that sentence is approved. (b) This protection in subsection (a) does not apply to: (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; or (4) the separation of an officer who is inactive in the Standby Reserve, if that officer either does not qualify to transfer to the Retired Reserve, or qualifies but does not apply for that transfer.
the actual law source: uscode.house.gov ↗public domain
(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.

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.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2997
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1733
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 2136

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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