
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: 10USC12686]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1221--SEPARATION
 
Sec. 12686. Reserves on active duty within two years of 
        retirement eligibility: limitation on release from active duty
        
    (a) Limitation.--Under regulations to be prescribed by the Secretary 
concerned, which shall be as uniform as practicable, a member of a 
reserve component who is on active duty (other than for training) and is 
within two years of becoming eligible for retired pay or retainer pay 
under a purely military retirement system, may not be involuntarily 
released from that duty before he becomes eligible for that pay, unless 
the release is approved by the Secretary.
    (b) Waiver.--With respect to a member of a reserve component who is 
to be ordered to active duty (other than for training) under section 
12301 of this title pursuant to an order to active duty that specifies a 
period of less than 180 days and who (but for this subsection) would be 
covered by subsection (a), the Secretary concerned may require, as a 
condition of such order to active duty, that the member waive the 
applicability of subsection (a) to the member for the period of active 
duty covered by that order. In carrying out this subsection, the 
Secretary concerned may require that a waiver under the preceding 
sentence be executed before the period of active duty begins.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(i)(1), Oct. 5, 
1994, 108 Stat. 2998; amended Pub. L. 104-201, div. A, title V, 
Sec. 533, Sept. 23, 1996, 110 Stat. 2520.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 1163(d) of this title, prior to repeal by Pub. L. 103-337, 
Sec. 1662(i)(2).


                               Amendments

    1996--Pub. L. 104-201 designated existing provisions as subsec. (a), 
inserted heading, and added subsec. (b).

                  Section Referred to in Other Sections

    This section is referred to in sections 14504, 14505, 14506, 14507 
of this title.
