2017 US Code
Title 10 - Armed Forces
Subtitle E - Reserve Components
Part II - Personnel Generally
Chapter 1221 - Separation
Sec. 12683 - Reserve officers: limitation on involuntary separation
| 10 U.S.C. § 12683 (2017) |
| §12683. Reserve officers: limitation on involuntary separation |
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(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. |
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(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.) |
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PRIOR PROVISIONS
Provisions 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). 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. |
| United States Code, 2012 Edition, Supplement 5, Title 10 - ARMED FORCES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 10 - ARMED FORCES Subtitle E - Reserve Components PART II - PERSONNEL GENERALLY CHAPTER 1221 - SEPARATION Sec. 12683 - Reserve officers: limitation on involuntary separation |
| section 12683 |
| 2017 |
| January 12, 2018 |
| Yes |
| standard |
| 108 Stat. 2997 111 Stat. 1733 112 Stat. 2136 |
| Public Law 103-337, Public Law 105-85, Public Law 105-261 |
