
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12312]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 12312. Active duty agreements: release from duty

    (a) Each agreement made under section 12311(a) of this title shall 
provide that the member may not be released from active duty without his 
consent during the period of the agreement--
        (1) because of a reduction in the actual personnel strength of 
    the armed force concerned, unless the release is in accordance with 
    the recommendation of a board of officers appointed by an authority 
    designated by the Secretary concerned to determine the members to be 
    released from active duty under regulations prescribed by the 
    Secretary; or
        (2) for any other reason, without an opportunity to be heard by 
    a board of officers before the release, unless he is (A) dismissed 
    or discharged under the sentence of a court-martial, (B) released 
    because of an unexplained absence without leave for at least three 
    months, (C) released because he is convicted and sentenced to 
    confinement in a Federal or State penitentiary or correctional 
    institution and the sentence has become final, or (D) released 
    because he has been considered at least twice and has not been 
    recommended for promotion to the next higher grade or because he is 
    considered as having failed of selection for promotion to the next 
    higher grade and has not been recommended for promotion to that 
    grade, under conditions that would require the release or separation 
    of a reserve officer who is not serving under such an agreement.

    (b) A member who is released from active duty without his consent 
before the end of his agreement made under section 12311(a) of this 
title is entitled to an amount computed by multiplying the number of 
years and fractions of a year of his unexpired period of service under 
the agreement by the sum of one month's basic pay, special pay, and 
allowances to which he is entitled on the day of his release. The amount 
to which a member is entitled under this subsection is in addition to 
any pay and allowances to which he is otherwise entitled. For the 
purposes of this subsection, a fraction of a month of 15 days or more is 
counted as a whole month, and a fraction of a month of less than 15 days 
is disregarded. This subsection does not apply to a member if he is--
        (1) released for a reason described in subsection (a)(2)(A)-(C);
        (2) released because of a physical disability resulting from his 
    intentional misconduct or wilful neglect;
        (3) eligible for retired pay, separation pay, or severance pay 
    under another provision of law;
        (4) placed on a temporary disability retired list; or
        (5) released to accept an appointment, or to be enlisted, in a 
    regular component of an armed force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 30, Sec. 680; Pub. L. 87-509, 
Sec. 2, June 28, 1962, 76 Stat. 121; Pub. L. 98-525, title V, 
Sec. 533(b), title XIV, Sec. 1405(17), Oct. 19, 1984, 98 Stat. 2528, 
2622; renumbered Sec. 12312 and amended Pub. L. 103-337, div. A, title 
XVI, Secs. 1662(e)(2), 1675(c)(8), Oct. 5, 1994, 108 Stat. 2992, 3017.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
680(a)................................  50:963(a) (last sentence).           Ju
ly 9, 1952, ch. 608, Sec.  235(a)
680(b)................................  50:963(b).                            (
last sentence), (b), 66 Stat.
                                                                              4
91.
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a) and (b), the words ``without his consent'' are 
substituted for the word ``involuntary''.
    In subsection (a)(1), the word ``because'' is substituted for the 
words ``by reason''. The words ``actual personnel strength'' are 
substituted for the words ``numerical strength of the military 
personnel''.
    In subsection (a)(2), the words ``for any other reason'' are 
substituted for the words ``for reasons other than that prescribed in 
paragraph (1)''. The words ``dismissed or discharged'' are inserted for 
clarity. The words ``at least'' are substituted for the word 
``duration''. The words ``is convicted and sentenced * * * and the 
sentence has become final'' are substituted for the words ``final 
conviction and sentence''. The words ``from active duty'' are omitted as 
surplusage.
    In subsection (b), the words ``before the end of'' are substituted 
for the words ``prior to the expiration of the period of service 
under''. The words ``computed by multiplying * * * and fractions of a 
year of his unexpired period of service under the agreement by the sum 
of one month's * * * pay, and allowances'' are substituted for the words 
``equal to one month's pay and allowances multiplied by * * * (including 
any pro rata part thereof) remaining as the unexpired period of his 
agreement for active duty''. The words ``basic * * * special pay * * * 
to which he is entitled on the day of his release'' are substituted for 
50:963(b) (2d sentence). The third sentence is substituted for 50:963(b) 
(last sentence). The last sentence is substituted for 50:963(b) (words 
within 1st parentheses).
    In subsection (b)(2), the words ``because of'' are substituted for 
the words ``when such release is due to''.
    In subsection (b)(5), the words ``to accept'' are substituted for 
the words ``for the purpose of accepting''. The words ``of an armed 
force'' are inserted for clarity.


                               Amendments

    1994--Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 680 of 
this title as this section.
    Subsecs. (a), (b). Pub. L. 103-337, Sec. 1675(c)(8), substituted 
``12311(a)'' for ``679(a)''.
    1984--Subsec. (a)(2)(D). Pub. L. 98-525, Sec. 1405(17), substituted 
``reserve officer'' for ``Reserve Officer''.
    Subsec. (b)(3). Pub. L. 98-525, Sec. 533(b), inserted ``, separation 
pay,'' after ``retired pay''.
    1962--Subsec. (a)(2)(D). Pub. L. 87-509 added cl. (D).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of this title.
