10 U.S.C. § 12685 — Reserves separated for cause: character of discharge
submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 88 words · no verdicts yet
A reserve member separated for cause usually gets a discharge under honorable conditions. This does not apply if a court-martial or officer board approves a less-than-honorable discharge. It also does not apply if the member agrees to a less-than-honorable discharge and waives a hearing.
When a member of a reserve component is separated for cause -- except under section 12684 -- they are entitled to a discharge "under honorable conditions." There are two exceptions: (1) the member gets a less-than-honorable discharge because a court-martial's sentence was approved, or because a board of officers (convened by an authority the Secretary concerned* named) made approved findings against them; or (2) the member agrees to accept a less-than-honorable discharge and gives up their right to a court-martial or board hearing.
A member of a reserve component who is separated for cause, except under section 12684 of this title, is entitled to a discharge under honorable conditions unless—
the member is discharged under conditions other than honorable under an approved sentence of a court-martial or under the approved findings of a board of officers convened by an authority designated by the Secretary concerned*; or
the member consents to a discharge under conditions other than honorable with a waiver of proceedings of a court-martial or a board.
Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2998.)
- 1994Enacted · Pub. L. 103-337 · 108 Stat. 2998
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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