10 U.S.C. § 12683

Current through P.L. 118-62 (published on www.congress.gov on 05/13/2024)

Section 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.

10 U.S.C. § 12683

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.

EDITORIAL NOTES

PRIOR PROVISIONSProvisions similar to those in this section were contained in section 1163(a) of this title, prior to repeal by Pub. L. 103-337, §1662(i)(2).

AMENDMENTS1998-Subsec. (b)(2). Pub. L. 105-261 substituted a period for "; or" at end. 1997-Subsec. (b). Pub. L. 105-85, §516(a)(1), substituted "apply to any of the following:" for "apply-" in introductory provisions.Subsec. (b)(1). Pub. L. 105-85, §516(b)(1), (2), substituted "A" for "to a" and "title." for "title;".Subsec. (b)(2). Pub. L. 105-85, §516(b)(3), which directed substitution of a period for "; and" at end of par. (2), could not be executed because "; and" did not appear in par. (2). Pub. L. 105-85, §516(b)(1), substituted "A" for "to a".Subsec. (b)(3). Pub. L. 105-85, §516(b)(1), substituted "A" for "to a".Subsec. (b)(4). Pub. L. 105-85, §516(a)(2), added par. (4).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103-337 set out as a note under section 10001 of this title.

Secretary concerned

The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.

commissioned officer

The term "commissioned officer" includes a commissioned warrant officer.

officer

The term "officer" means a commissioned or warrant officer.