10 U.S.C. § 12685

Reserves separated for cause: character of discharge

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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.(Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2998.)Editorial NotesPrior 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, § 1662(i)(2).

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 5 cases (1 in the last 5 years), 2017–2022 · leading case: Kirwa v. U.S. Dep't of Def., 285 F. Supp. 3d 21 (D.C. Cir. 2017).

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Kirwa v. U.S. Dep't of Def., 285 F. Supp. 3d 21 (D.C. Cir. 2017). “AR 135-178, § 2-8 "General considerations"; see also generally 10 U.S.C. § 12685 (defining character of a Selected Reservist's discharge); AR 135-178; AR 600-8-24; AR 635-200.”

Nio v. U.S. Dep't of Homeland Sec., 385 F. Supp. 3d 44 (D.C. Cir. 2019). “See 10 U.S.C. § 12685 ("A member of a reserve component who is separated for cause .”

Kirwa v. United States Dep't of Def. (D.D.C. 2017). “AR 135-178, § 2-8 “General considerations”; see also generally 10 U.S.C. § 12685 (defining character of a Selected Reservist’s discharge); AR 135-178; AR 600-8-24; AR 635-200.”

Nio v. United States Dep't of Homeland Sec. (D.D.C. 2019). “See 10 U.S.C. § 12685 (“A member of a reserve component who is separated for cause .”

Miriyeva v. U.S. Citizenship & Immigr. Servs. (S.D. Cal. 2022). “14, [which] state that an ‘uncharacterized’ discharge in 11 these circumstances is, and must be treated as, a discharge ‘under honorable conditions’”; 12 and (4) “ignores the fact that [Plaintiff]’s active duty discharge must be considered 13 honorable under 10 U.S.C. § 12685…”

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