10 U.S.C. § 4415

INAPPLICABILITY TO CERTAIN DISCHARGES AND TRANSFERS.

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“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.

Notes of Decisions

Cited in 3 cases, 1998–2017 · leading case: Cameranesi v. United States Dep't of Def., 856 F.3d 626 (9th Cir. 2017).

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Cameranesi v. United States Dep't of Def., 856 F.3d 626 (9th Cir. 2017). · cites it 2× “” 10 U.S.C. § 4415 (b) (1987). In 1989, during the Salvadoran Civil War, Salvadoran soldiers gunned down six Jesuit priests as well as their housekeeper and her 16-year-old daughter.”

United States v. Corrigan, 144 F.3d 763 (11th Cir. 1998). “See 10 U.S.C. § 4415 (1994). The facility is controversial; its graduates, including former Panamanian dictator Manuel No *766 riega, are alleged to have been involved in various human rights abuses throughout Latin America and the Caribbean, including the 1980 assassination of…”

Cameranesi v. United States Dep't of Def., 839 F.3d 751 (9th Cir. 2016). · cites it 2× “” 10 U.S.C. § 4415 (b) (1987). In 1989, during the Salvadoran Civil War, Salvadoran soldiers gunned down six Jesuit priests as well as their housekeeper and her 16-year-old daughter.”

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