10 U.S.C. § 12683

Reserve officers: limitation on involuntary separation

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(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, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2997; amended Pub. L. 105–85, div. A, title V, § 516, Nov. 18, 1997, 111 Stat. 1733; Pub. L. 105–261, div. A, title X, § 1069(a)(8), Oct. 17, 1998, 112 Stat. 2136.)Editorial NotesPrior 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, § 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, § 516(a)(1), substituted “apply to any of the following:” for “apply—” in introductory provisions.

Subsec. (b)(1). Pub. L. 105–85, § 516(b)(1), (2), substituted “A” for “to a” and “title.” for “title;”.

Subsec. (b)(2). Pub. L. 105–85, § 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, § 516(b)(1), substituted “A” for “to a”.

Subsec. (b)(3). Pub. L. 105–85, § 516(b)(1), substituted “A” for “to a”.

Subsec. (b)(4). Pub. L. 105–85, § 516(a)(2), added par. (4).

Statutory Notes and Related SubsidiariesEffective Date

Section 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.

Notes of Decisions

Cited in 2 cases, 2004–2020 · leading case: Parrish v. Brownlee, 335 F. Supp. 2d 661 (E.D.N.C. 2004).

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Parrish v. Brownlee, 335 F. Supp. 2d 661 (E.D.N.C. 2004). “4 (“Note: A Reserve Component officer who has no obligation for continued military service retains IRR status unless he or she resigns, or is removed for unsatisfactory participation.”

McCarthy v. Del Toro (M.D. Fla. 2020). · cites it 3× “In the Original Complaint, Plaintiff asked the Court to declare that Defendant: (1) wrongfully withdrew him from the AFHPSP (Count I); (2) wrongfully separated him from the Navy without following the procedures set forth in 10 U.S.C. § 12683 (Count II); (3) wrongfully denied him…”

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