US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 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 to any of the following:
(1)
A separation under section 12684, 14901, or 14907 of this title.
(2)
section 1161(a) of this title A dismissal under .
(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.

Pub. L. 103–337, div. A, title XVI, § 1662(i)(1)108 Stat. 2997Pub. L. 105–85, div. A, title V, § 516111 Stat. 1733Pub. L. 105–261, div. A, title X, § 1069(a)(8)112 Stat. 2136(Added , , ; amended , , ; , , .)

Editorial Notes

Prior Provisions

section 1163(a) of this titlePub. L. 103–337, § 1662(i)(2)Provisions similar to those in this section were contained in , prior to repeal by .

Amendments

Pub. L. 105–2611998—Subsec. (b)(2). substituted a period for “; or” at end.

Pub. L. 105–85, § 516(a)(1)1997—Subsec. (b). , substi­tuted “apply to any of the following:” for “apply—” in introductory provisions.

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

Pub. L. 105–85, § 516(b)(3)Subsec. (b)(2). , 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”.

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

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

Statutory Notes and Related Subsidiaries

Effective Date

section 1691 of Pub. L. 103–337section 10001 of this titleSection effective , except as otherwise provided, see , set out as a note under .