-CITE-

10 USC CHAPTER 1221 - SEPARATION 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1221 - SEPARATION

.

-HEAD-

CHAPTER 1221 - SEPARATION

-MISC1-

Sec.

12681. Reserves: discharge authority.

12682. Reserves: discharge upon becoming ordained minister of

religion.

12683. Reserve officers: limitation on involuntary separation.

12684. Reserves: separation for absence without authority or

sentence to imprisonment.

12685. Reserves separated for cause: character of discharge.

12686. Reserves on active duty within two years of retirement

eligibility: limitation on release from active duty.

12687. Reserves under confinement by sentence of court-martial:

separation after six months confinement.

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title V, Sec. 563(a)(2)(B), Feb.

10, 1996, 110 Stat. 325, added item 12687.

-CITE-

10 USC Sec. 12681 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1221 - SEPARATION

-HEAD-

Sec. 12681. Reserves: discharge authority

-STATUTE-

Subject to other provisions of this title, reserve commissioned

officers may be discharged at the pleasure of the President. Other

Reserves may be discharged under regulations prescribed by the

Secretary concerned.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(i)(1), Oct.

5, 1994, 108 Stat. 2997.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 1162(a) of this title, prior to repeal by Pub. L. 103-337,

Sec. 1662(i)(2).

EFFECTIVE DATE

Chapter effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as a note under section

10001 of this title.

IMPLEMENTATION OF AGREEMENT ON RESTRUCTURING OF ARMY NATIONAL GUARD

AND ARMY RESERVE

Pub. L. 103-335, title VIII, Sec. 8129, Sept. 30, 1994, 108 Stat.

2652, provided that:

''(a) Finding. - Congress finds that the implementation of the

off-site agreement may result in the loss to the Armed Forces of

military personnel who have significant military experience and

expertise.

''(b) Reassignment of Members. - (1) To the maximum extent

practicable, the Secretary of the Army shall ensure that members of

the Armed Forces who would otherwise be separated from service as a

result of the deactivation of military units of the Army National

Guard and the Army Reserve under the off-site agreement be

reassigned instead to units that are not being deactivated.

''(2) The reassignment of a member under paragraph (1) shall not

affect the grade or rank in grade of the member.

''(c) Reports. - Not later than April 15 and October 15 of each

calendar year while the off-site agreement is in effect, the

Secretary of the Army shall submit to the congressional defense

committees a semi-annual report on the number of members of the

Armed Forces who were reassigned under subsection (b)(1) during the

preceding six months.

''(d) Definitions. - In this section:

''(1) The term 'congressional defense committees' means the

Committees on Armed Services and the Committees on Appropriations

of the Senate and the House of Representatives.

''(2) The term 'off-site agreement' means the agreement on the

restructuring of the Army National Guard and the Army Reserve.''

GUARD AND RESERVE TRANSITION INITIATIVES

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8050), Sept. 30, 1996, 110 Stat. 3009-71, 3009-99, provided that:

''During the current fiscal year and hereafter, annual payments

granted under the provisions of section 4416 of the National

Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484;

106 Stat. 2714) (set out below) shall be made from appropriations

in this Act (Pub. L. 104-208) which are available for the pay of

reserve component personnel.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 104-61, title VIII, Sec. 8061, Dec. 1, 1995, 109 Stat.

664.

Pub. L. 103-335, title VIII, Sec. 8073, Sept. 30, 1994, 108 Stat.

2635.

Pub. L. 103-139, title VIII, Sec. 8087, Nov. 11, 1993, 107 Stat.

1459.

Pub. L. 102-484, div. D, title XLIV, subtitle B, Oct. 23, 1992,

106 Stat. 2712, as amended by Pub. L. 103-35, title II, Sec.

202(a)(17), May 31, 1993, 107 Stat. 102; Pub. L. 103-160, div. A,

title V, Sec. 561(f)(1)-(3), Nov. 30, 1993, 107 Stat. 1667, 1668;

Pub. L. 103-337, div. A, title V, Sec. 518(a), (b), Oct. 5, 1994,

108 Stat. 2754; Pub. L. 104-106, div. A, title XV, Sec.

1501(d)(3), Feb. 10, 1996, 110 Stat. 500; Pub. L. 105-261, div. A,

title V, Sec. 561(l), (m), Oct. 17, 1998, 112 Stat. 2026; Pub. L.

106-398, Sec. 1 ((div. A), title V, Sec. 571(l), (m)), Oct. 30,

2000, 114 Stat. 1654, 1654A-135; Pub. L. 107-107, div. A, title X,

Sec. 1048(h)(2), Dec. 28, 2001, 115 Stat. 1229, provided that:

''SEC. 4411. FORCE REDUCTION TRANSITION PERIOD DEFINED.

''In this subtitle (subtitle B (Sec. 4411-4422) of title XLIV of

div. D of Pub. L. 102-484), the term 'force reduction transition

period' means the period beginning on October 1, 1991, and ending

on December 31, 2001.

''SEC. 4412. MEMBER OF SELECTED RESERVE DEFINED.

''In this subtitle, the term 'member of the Selected Reserve'

means -

''(1) a member of a unit in the Selected Reserve of the Ready

Reserve; and

''(2) a Reserve designated pursuant to section 268(b) (see

10143(a)) of title 10, United States Code, who is assigned to an

authorized position the performance of the duties of which

qualify the member for basic pay or compensation for

inactive-duty training or both.

''SEC. 4413. RESTRICTION ON RESERVE FORCE REDUCTION.

''(a) In General. - During the force reduction transition period,

a member of the Selected Reserve may not be involuntarily

discharged from a reserve component of the Armed Forces, or

involuntarily transferred from the Selected Reserve, before the

Secretary of Defense has prescribed and implemented regulations

that govern the treatment of members of the Selected Reserve

assigned to such units and members of the Selected Reserve that are

being subjected to such actions and a copy of such regulations has

been transmitted to the Committees on Armed Services of the Senate

and House of Representatives.

''(b) Savings Provision. - Subsection (a) shall not apply to

actions completed before the date of the enactment of this Act

(Oct. 23, 1992).

''SEC. 4414. TRANSITION PLAN REQUIREMENTS.

''(a) Purpose of Plan. - The purpose of the regulations referred

to in section 4413 shall be to ensure that the members of the

Selected Reserve are treated with fairness, with respect for their

service to their country, and with attention to the adverse

personal consequences of Selected Reserve unit inactivations,

involuntary discharges of such members from the reserve components

of the Armed Forces, and involuntary transfers of such members from

the Selected Reserve.

''(b) Scope of Plan. - The regulations shall include -

''(1) such provisions as are necessary to implement the

provisions of this subtitle and the amendments made by this

subtitle; and

''(2) such other policies and procedures for the recruitment of

personnel for service in the Selected Reserve of the Ready

Reserve, and for the reassignment, retraining, separation, and

retirement of members of the Selected Reserve, as are appropriate

for satisfying the needs of the Selected Reserve together with

the purpose set out in subsection (a).

''(c) Minimum Requirements for Plan. - The regulations shall

include the following:

''(1) The giving of a priority for enrollment in, or

reassignment to, Selected Reserve units not being inactivated to

-

''(A) personnel being separated from active-duty or full-time

National Guard duty; and

''(B) members of the Selected Reserve whose units are

inactivated.

''(2) The giving of a priority to such personnel for transfer

among the reserve components of the Armed Forces in order to

facilitate reassignment to such units.

''(3) A requirement that the Secretaries of the military

departments take diligent actions to ensure that members of the

reserve components of the Armed Forces are informed in easily

understandable terms of the rights and benefits conferred upon

such personnel by this subtitle, by the amendments made by this

subtitle, and by such regulations.

''(4) Such other protections, preferences, and benefits as the

Secretary of Defense considers appropriate.

''(d) Uniform Applicability. - The regulations shall apply

uniformly to the Army, Navy, Air Force, and Marine Corps.

''SEC. 4415. INAPPLICABILITY TO CERTAIN DISCHARGES AND TRANSFERS.

''The protections, preferences, and benefits provided for in

regulations prescribed in accordance with this subtitle do not

apply with respect to a member of the Selected Reserve who is

discharged from a reserve component of the Armed Forces or is

transferred from the Selected Reserve to another category of the

Ready Reserve, to the Standby Reserve, or to the Retired Reserve -

''(1) at the request of the member unless such request was made

and approved under a provision of this subtitle or section 12731a

of title 10, United States Code (as added by section 4417);

''(2) because the member no longer meets the qualifications for

membership in the Selected Reserve set forth in any provision of

law as in effect on the day before the date of the enactment of

this Act (Oct. 23, 1992);

''(3) under adverse conditions, as characterized by the

Secretary of the military department concerned; or

''(4) if the member -

''(A) is immediately eligible for retired pay based on

military service under any provision of law;

''(B) is serving as a military technician, as defined in

section 8401(30) of title 5, United States Code, and would be

immediately eligible for an unreduced annuity under the

provisions of subchapter III of chapter 83 of such title,

relating to the Civil Service Retirement and Disability System,

or the provisions of chapter 84 of such title, relating to the

Federal Employees' Retirement System; or

''(C) is eligible for separation pay under section 1174 of

title 10, United States Code.

''SEC. 4416. FORCE REDUCTION PERIOD RETIREMENTS.

''(a) Temporary Special Authority for Elimination of Officers

From Active Status. - (1) During the force reduction transition

period, the Secretary of the Army and the Secretary of the Air

Force may, whenever the Secretary determines that such action is

necessary, convene a board to recommend an appropriate number of

officers in the reserve components of the Army or the Air Force, as

the case may be, who (A) have met the age and service requirements

specified in section 12731 of title 10, United States Code, for

entitlement to retired pay for nonregular service except for not

being at least 60 years of age, or (B) are immediately eligible for

retired pay based on military service under any provision of law,

for elimination from an active status.

''(2) An officer who is to be eliminated from an active status

under this section, shall, if qualified, be given an opportunity to

request transfer to the appropriate Retired Reserve and, if the

officer requests it, shall be so transferred. If the officer is

not transferred to the Retired Reserve, the officer shall, in the

discretion of the Secretary concerned, be transferred to the

appropriate inactive status list or be discharged.

''(3) A member of the Army National Guard of the United States or

the Air National Guard of the United States may not be eliminated

from an active status under this section without the consent of the

Governor or other appropriate authority of the State or territory,

Puerto Rico, or the District of Columbia, whichever is concerned.

''(b) Temporary Special Authority. - During the force reduction

transition period, the Secretary concerned may grant a member of

the Selected Reserve under the age of 60 years the annual payments

provided for under this section if -

''(1) as of October 1, 1991, that member has completed at least

20 years of service computed under section 1332 of title 10,

United States Code, or after that date and before the end of the

force reduction transition period, such member completes 20 years

of service computed under that section or section 12732;

''(2) the member satisfies the requirements of paragraphs (3)

and (4) of section 1331(a) or 12731(a) of title 10, United States

Code; and

''(3) the member applies for transfer to the Retired Reserve.

''(c) (Repealed. Pub. L. 103-160, div. A, title V, Sec.

561(f)(2)(B), Nov. 30, 1993, 107 Stat. 1667.)

''(d) Annual Payment Period. - An annual payment granted to a

member under this section shall be paid for a period of years

prescribed by the Secretary concerned, except that if the member

attains 60 years of age during that period the entitlement to the

annual payment shall terminate on the member's 60th birthday. A

period prescribed for purposes of this subsection may not be less

than one year nor more than five years.

''(e) Computation of Annual Payment. - (1) The annual payment for

a member shall be equal to the amount determined by multiplying the

product of 12 and the applicable percent under paragraph (2) by the

monthly basic pay to which the member would be entitled if the

member were serving on active duty as of the date the member is

transferred to the Retired Reserve.

''(2)(A) Subject to subparagraph (B) the percent applicable to a

member for purposes of paragraph (1) is 5 percent plus 0.5 percent

for each full year of service, computed under section 12732 of

title 10, United States Code, that a member has completed in excess

of 20 years before transfer to the Retired Reserve.

''(B) The maximum percent applicable under this paragraph is 10

percent.

''(3) In the case of a member who will attain 60 years of age

during the 12-month period following the date on which an annual

payment is due, the payment shall be paid on a prorated basis of

one-twelfth of the annual payment for each full month between the

date on which the payment is due and the date on which the member

attains age 60.

''(f) Applicability Subject to Needs of the Service. - (1)

Subject to regulations prescribed by the Secretary of Defense, the

Secretary concerned may limit the applicability of this section to

any category of personnel defined by the Secretary concerned in

order to meet a need of the armed force under the jurisdiction of

the Secretary concerned to reduce the number of members in certain

grades, the number of members who have completed a certain number

of years of service, or the number of members who possess certain

military skills or are serving in designated competitive

categories.

''(2) A limitation under paragraph (1) shall be consistent with

the purpose set forth in section 4414(a).

''(g) Nonduplication of Benefits. - A member transferred to the

Retired Reserve under the authority of section 12731a of title 10,

United States Code (as added by section 4417), may not be paid

annual payments under this section.

''(h) Funding. - To the extent provided in appropriations Acts,

payments under this section in a fiscal year shall be made out of

amounts available to the Department of Defense for that fiscal year

for the pay of reserve component personnel.

''SEC. 4417. RETIREMENT WITH 15 YEARS OF SERVICE.

''(a) Authority. - (Enacted section 1331a (now 12731a) of this

title.)

''(b) Clerical Amendment. - (Amended analysis of chapter 67 (now

1223) of this title.)

''SEC. 4418. SEPARATION PAY.

''(a) Eligibility. - Subject to section 4415, a member of the

Selected Reserve who, after completing at least 6 years of service

computed under section 12732 of title 10, United States Code, and

before completing 15 years of service computed under that section,

is involuntarily discharged from a reserve component of the Armed

Forces or is involuntarily transferred from the Selected Reserve

during the force reduction transition period is entitled to

separation pay.

''(b) Amount of Separation Pay. - (1) The amount of separation

pay which may be paid to a person under this section is 15 percent

of the product of -

''(A) the years of service credited to that person under

section 12733 of title 10, United States Code; and

''(B) 62 times the daily equivalent of the monthly basic pay to

which the person would have been entitled had the person been

serving on active duty at the time of the person's discharge or

transfer.

''(2) In the case of a person who receives separation pay under

this section and who later receives basic pay, compensation for

inactive duty training, or retired pay under any provision of law,

such basic pay, compensation, or retired pay, as the case may be,

shall be reduced by 75 percent until the total amount withheld

through such reduction equals the total amount of the separation

pay received by that person under this section.

''(c) Relationship to Other Service-Related Pay. - Subsections

(g) and (h) of section 1174 of title 10, United States Code, shall

apply to separation pay under this section.

''(d) Regulations. - The Secretary of Defense shall prescribe

regulations, which shall be uniform for the Army, Navy, Air Force,

and Marine Corps, for the administration of this section.

''SEC. 4419. WAIVER OF CONTINUED SERVICE REQUIREMENT FOR CERTAIN

RESERVISTS FOR MONTGOMERY GI BILL BENEFITS.

''(a) Chapter 106. - (Amended section 2133(b)(1) (now

16133(b)(1)) of this title.)

''(b) Chapter 30. - (Amended section 3012(b)(1)(B) of Title 38,

Veterans' Benefits.)

''SEC. 4420. COMMISSARY AND EXCHANGE PRIVILEGES.

''The Secretary of Defense shall prescribe regulations to

authorize a person who involuntarily ceases to be a member of the

Selected Reserve during the force reduction transition period to

continue to use commissary and exchange stores in the same manner

as a member of the Selected Reserve for a period of two years

beginning on the later of -

''(1) the date on which that person ceases to be a member of

the Selected Reserve; or

''(2) the date of the enactment of this Act (Oct. 23, 1992).

''SEC. 4421. APPLICABILITY AND TERMINATION OF BENEFITS.

''(a) Applicability Subject to Needs of the Service. - (1)

Subject to regulations prescribed by the Secretary of Defense, the

Secretary of the military department concerned may limit the

applicability of a benefit provided under sections 4418 through

4420 to any category of personnel defined by the Secretary

concerned in order to meet a need of the armed force under the

jurisdiction of the Secretary concerned to reduce the number of

members in certain grades, the number of members who have completed

a certain number of years of service, or the number of members who

possess certain military skills or are serving in designated

competitive categories.

''(2) A limitation under paragraph (1) shall be consistent with

the purpose set forth in section 4414(a).

''(b) Inapplicability to Certain Separations and Reassignments. -

Sections 4418 through 4420 do not apply with respect to personnel

who cease to be members of the Selected Reserve under adverse

conditions, as characterized by the Secretary of the military

department concerned.

''(c) Termination of Benefits. - The eligibility of a member of a

reserve component of the Armed Forces (after having involuntarily

ceased to be a member of the Selected Reserve) to receive benefits

and privileges under sections 4418 through 4420 terminates upon the

involuntary separation of such member from the Armed Forces under

adverse conditions, as characterized by the Secretary of the

military department concerned.

''SEC. 4422. READJUSTMENT BENEFITS FOR CERTAIN VOLUNTARILY

SEPARATED MEMBERS OF THE RESERVE COMPONENTS.

''(a) Special Separation Benefits. - (Amended section 1174a of

this title.)

''(b) Voluntary Separation Incentive. - (Amended section 1175 of

this title.)''

(Section 518(c) of Pub. L. 103-337 provided that: ''The

amendments made by this section (amending section 4416 of Pub. L.

102-484, set out above) shall apply only to payments to a member of

the Armed Forces under subsection (b) of section 4416 of the

Defense Conversion, Reinvestment, and Transition Assistance Act of

1992 (division D of Public Law 102-484) that are granted by the

Secretary of Defense to that member after the date of the enactment

of this Act (Oct. 5, 1994).'')

-CITE-

10 USC Sec. 12682 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1221 - SEPARATION

-HEAD-

Sec. 12682. Reserves: discharge upon becoming ordained minister of

religion

-STATUTE-

Under regulations to be prescribed by the Secretary of Defense, a

Reserve who becomes a regular or ordained minister of religion is

entitled upon his request to a discharge from his reserve

enlistment or appointment.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(i)(1), Oct.

5, 1994, 108 Stat. 2997.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 1162(b) of this title, prior to repeal by Pub. L. 103-337,

Sec. 1662(i)(2).

-CITE-

10 USC Sec. 12683 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1221 - SEPARATION

-HEAD-

Sec. 12683. Reserve officers: limitation on involuntary separation

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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).

-CITE-

10 USC Sec. 12684 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1221 - SEPARATION

-HEAD-

Sec. 12684. Reserves: separation for absence without authority or

sentence to imprisonment

-STATUTE-

The President or the Secretary concerned may drop from the rolls

of the armed force concerned any Reserve -

(1) who has been absent without authority for at least three

months;

(2) who may be separated under section 12687 of this title by

reason of a sentence to confinement adjudged by a court-martial;

or

(3) who is sentenced to confinement in a Federal or State

penitentiary or correctional institution after having been found

guilty of an offense by a court other than a court-martial or

other military court, and whose sentence has become final.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(i)(1), Oct.

5, 1994, 108 Stat. 2998; amended Pub. L. 104-106, div. A, title V,

Sec. 563(b)(2), Feb. 10, 1996, 110 Stat. 325.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 1163(b) of this title, prior to repeal by Pub. L. 103-337,

Sec. 1662(i)(2).

AMENDMENTS

1996 - Pub. L. 104-106 struck out ''or'' at end of par. (1),

added par. (2), and redesignated former par. (2) as (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12683, 12685 of this

title.

-CITE-

10 USC Sec. 12685 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1221 - SEPARATION

-HEAD-

Sec. 12685. Reserves separated for cause: character of discharge

-STATUTE-

A member of a reserve component who is separated for cause,

except under section 12684 of this title, is entitled to a

discharge under honorable conditions unless -

(1) the member is discharged under conditions other than

honorable under an approved sentence of a court-martial or under

the approved findings of a board of officers convened by an

authority designated by the Secretary concerned; or

(2) the member consents to a discharge under conditions other

than honorable with a waiver of proceedings of a court-martial or

a board.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(i)(1), Oct.

5, 1994, 108 Stat. 2998.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 1163(c) of this title, prior to repeal by Pub. L. 103-337,

Sec. 1662(i)(2).

-CITE-

10 USC Sec. 12686 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1221 - SEPARATION

-HEAD-

Sec. 12686. Reserves on active duty within two years of retirement

eligibility: limitation on release from active duty

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14504, 14505, 14506,

14507 of this title.

-CITE-

10 USC Sec. 12687 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1221 - SEPARATION

-HEAD-

Sec. 12687. Reserves under confinement by sentence of

court-martial: separation after six months confinement

-STATUTE-

Except as otherwise provided in regulations prescribed by the

Secretary of Defense, a Reserve sentenced by a court-martial to a

period of confinement for more than six months may be separated

from that Reserve's armed force at any time after the sentence to

confinement has become final under chapter 47 of this title and the

Reserve has served in confinement for a period of six months.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 563(a)(2)(A), Feb.

10, 1996, 110 Stat. 325.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12684 of this title.

-CITE-