
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: 10USC12683]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1221--SEPARATION
 
Sec. 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.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(i)(1), Oct. 5, 
1994, 108 Stat. 2997; amended Pub. L. 105-85, div. A, title V, Sec. 516, 
Nov. 18, 1997, 111 Stat. 1733; Pub. L. 105-261, div. A, title X, 
Sec. 1069(a)(8), Oct. 17, 1998, 112 Stat. 2136.)


                            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, 
Sec. 1662(i)(2).


                               Amendments

    1998--Subsec. (b)(2). Pub. L. 105-261 substituted a period for ``; 
or'' at end.
    1997--Subsec. (b). Pub. L. 105-85, Sec. 516(a)(1), substituted 
``apply to any of the following:'' for ``apply--'' in introductory 
provisions.
    Subsec. (b)(1). Pub. L. 105-85, Sec. 516(b)(1), (2), substituted 
``A'' for ``to a'' and ``title.'' for ``title;''.
    Subsec. (b)(2). Pub. L. 105-85, Sec. 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, Sec. 516(b)(1), substituted ``A'' for ``to a''.
    Subsec. (b)(3). Pub. L. 105-85, Sec. 516(b)(1), substituted ``A'' 
for ``to a''.
    Subsec. (b)(4). Pub. L. 105-85, Sec. 516(a)(2), added par. (4).
