Laws: Cases and Codes : U.S. Code : Title 10 : Section 12683


   
U.S. Code as of: 01/19/04
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.



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