§ 12686. Reserves on active duty within two years of retirement eligibility: limitation on release from active duty

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 div. A title XVI § 1662(i)(1) · 108 Stat. 2663

   Enacted · 10 U.S.C. § 12686

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) Part II of subtitle E, as added by subsection (a), is further amended by adding after chapter 1219 (as added by subsection (h)) the following: “CHAPTER 1221— SEPARATION “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. “§ 12681. Reserves: discharge authority “Subject to other provisions of this title, reserve commissioned officers may be discharged at the pleasure of the President. Other Regulations. Reserves may be discharged under regulations prescribed by the Secretary concerned. “§ 12682. Reserves: discharge upon becoming ordained minister of religion “Under regulations to be prescribed by the Secretary of Defense, Regulations. 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. “§ 12683. Reserve officers: limitation on involuntary separation “(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— “(1) to a separation under section 12684, 14901, or 14907 of this title; “(2) to a dismissal under section 1161(a) of this title; or “(3) to a transfer under section 12213, 12214, 14514, or 14515 of this title. “§ 12684. Reserves: separation for absence without authority or sentence to imprisonment “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; or (2) 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. “§ 12685. Reserves separated for cause: character of discharge “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. “§ 12686. Reserves on active duty within two years of retirement eligibility: limitation on release from active duty Regulations. “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.”.

2. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 div. A title V § 533 · 110 Stat. 2422

   1. Amended · 10 U.S.C. § 12686

      Pub. L. 104–201 designated existing provisions as subsec. (a)

   2. Inserted · 10 U.S.C. § 12686

      Pub. L. 104–201 inserted heading

   3. Added · 10 U.S.C. § 12686

      Pub. L. 104–201 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 104–201 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   SEC. 533. AUTHORITY FOR A RESERVE ON ACTIVE DUTY TO WAIVE RETIREMENT SANCTUARY. Section 12686 of title 10, United States Code, is amended— (1) by inserting “(a) Limitation.—” before “Under regulations”; and (2) by adding at the end the following: “(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.”.

3. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title V § 522 · 118 Stat. 1811

   Inserted · 10 U.S.C. § 12686(a)

   Pub. L. 108–375 inserted “(other than the retirement system under chapter 1223 of this title)” after “retirement system”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–375 inserted “(other than the retirement system under chapter 1223 of this title)” after “retirement system”.

   Enacted provision · exact public law section
   SEC. 522. REQUIREMENT FOR RETENTION OF RESERVES ON ACTIVE DUTY TO QUALIFY FOR RETIRED PAY NOT APPLICABLE TO NONREGULAR SERVICE RETIREMENT SYSTEM.   Section 12686(a) of title 10, United States Code, is amended by inserting “(other than the retirement system under chapter 1223 of this title)” after “retirement system”.

5 of 5 references resolved to an enrolled provision