U.S. Code » Title 10 » Subtitle Subtitle E— Reserve Components › Part PART II— PERSONNEL GENERALLY › Chapter CHAPTER 1221— SEPARATION

10 U.S.C. § 12684

Reserves: separation for absence without authority or sentence to imprisonment

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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.(Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2998; amended Pub. L. 104–106, div. A, title V, § 563(b)(2), Feb. 10, 1996, 110 Stat. 325.)Editorial NotesPrior 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, § 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).

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 1 case, 2020–2020 · leading case: Fuller v. United States, No. 18-1116 (Fed. Cl. Apr. 20, 2020).
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Fuller v. United States, No. 18-1116 (Fed. Cl. Apr. 20, 2020). “On June 22, 2011, the Commander of the USMC Central Command recommended that the Deputy Commandant for Manpower and Reserve Affairs drop Fuller from the rolls of the USMC Reserves, pursuant to 10 U.S.C. § 12684 . (AR47–49). 1 On November 28, 2011, Fuller was notified by the…”
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