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10 U.S.C. § 12686 — Reserves on active duty within two years of retirement eligibility: limitation on release from active duty

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12686 — Reserves on active duty within two years of retirement eligibility: limitation on release from active duty

**(a) Limitation.—** 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 (other than the retirement system under chapter 1223 of this title), may not be involuntarily released from that duty before he becomes eligible for that pay, unless the release is approved by the Secretary. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301&num=0&edition=prelim) 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.

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Source file: Laws/federal/codes/united-states-code/title-10/section-12686-reserves-on-active-duty-within-two-years-of-retirement-eligibility-limit--1958c69006.md
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Source location: Title 10, Chapter 1221, § 12686; chapter-1221-separation.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12301 — Reserve components generally

**(a)** In time of war or of national emergency declared by Congress, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of that Secretary to active duty for the duration of the war or emergency and for six months thereafter. However a member on an inactive status list or in a retired status may not be ordered to active duty under this subsection unless the Secretary concerned, with the approval of the Secretary of Defense in the case of the Secretary of a military department, determines that there are not enough qualified Reserves in an active status or in the inactive National Guard in the required category who are readily available. **(b)** At any time, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, in an active status in a reserve component under the jurisdiction of that Secretary to active duty for not more than 15 days a year. However, units and members of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor of the State (or, in the case of the District of Columbia National Guard, the commanding general of the District of Columbia National Guard). **(c)** So far as practicable, during any expansion of the active armed forces that requires that units and members of the reserve components be ordered to active duty as provided in subsection (a), members of units organized and trained to s

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1016 — Repealed. Pub. L. 87–651, title III, § 307A, Sept. 7, 1962, 76 Stat. 526

### Statutory Notes Section, act July 9, 1952, ch. 608, pt. II, § 265, as added July 9, 1956, ch. 534, 70 Stat. 517; amended Sept. 2, 1958, Pub. L. 85–857, § 13(r), 72 Stat. 1266; Sept. 21, 1959, Pub. L. 86–324, § 1, 73 Stat. 596; June 28, 1962, Pub. L. 87–509, § 1, 76 Stat. 120, provided for a lump-sum readjustment payment for involuntary release from active duty. See [section 12686 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12686&num=0&edition=prelim), Armed Forces. Pub. L. 87–509, § 1, June 28, 1962, 76 Stat. 120, was repealed by Pub. L. 89–718, § 75(4), Nov. 2, 1966, 80 Stat. 1124.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12686 — Reserves on active duty within two years

Page 3700 TITLE 10—ARMED FORCES § 12685 institution after having been found guilty of an offense by a court other than a court-mar- tial or other military court, and whose sen- tence 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 Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained 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 Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 12685. Reserves separated for cause: character of discharge A member of a reserve component who is sepa- rated for cause, except under section 12684 of this title, is entitled to a discharge under honor- able conditions unless— (1) the member is discharged under condi- tions other than honorable under an approved sentence of a court-martial or under the ap- proved 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 Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 1163(c) of this title, prior to repeal by Pub. L. 103–337, § 1662(i)(2). Statutory

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