10 U.S.C. § 12683
Section 12683 · Reserve officers: limitation on involuntary separation
Amended 2 times on record
Applied in 1 court decisions — leading case 335 F. Supp. 2d 661 - Parrish v. Brownlee (2004)
Most recently applied in 335 F. Supp. 2d 661 - Parrish v. Brownlee (September 2004)
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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).
Amendments
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), was executed by making the substitution for “; or” at end of par. (2) to reflect the probable intent of Congress.
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).