United States Code

USC most recently checked for updates: Apr 17, 2024

§ 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.)
cite as: 10 USC 12683