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 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. § 12686. Reserves on active duty within two years of retirement eligibility: limitation on release from active duty (a) LIMITATION.—Under regulations to be pre- scribed by the Secretary concerned, which shall be as uniform as practicable, a member of a re- serve component who is on active duty (other than for training) and is within two years of be- coming eligible for retired pay or retainer pay under a purely military retirement system (other than the retirement system under chap- ter 1223 of this title), may not be involuntarily released from that duty before he becomes eligi- ble for that pay, unless the release is approved by the Secretary. (b) WAIVER.—With respect to a member of a re- serve 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 cov- ered by subsection (a), the Secretary concerned may require, as a condition of such order to ac- tive duty, that the member waive the applica- bility of subsection (a) to the member for the pe- riod of active duty covered by that order. In car- rying out this subsection, the Secretary con- cerned may require that a waiver under the pre- ceding sentence be executed before the period of active duty begins. (Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2998; amended Pub. L. 104–201, div. A, title V, § 533, Sept. 23, 1996, 110 Stat. 2520; Pub. L. 108–375, div. A, title V, § 522, Oct. 28, 2004, 118 Stat. 1888.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 1163(d) of this title, prior to repeal by Pub. L. 103–337, § 1662(i)(2). AMENDMENTS 2004—Subsec. (a). Pub. L. 108–375 inserted ‘‘(other than the retirement system under chapter 1223 of this title)’’ after ‘‘retirement system’’. 1996—Pub. L. 104–201 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 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. § 12687. Reserves under confinement by sentence of court-martial: separation after six months confinement Except as otherwise provided in regulations prescribed by the Secretary of Defense, a Re- serve sentenced by a court-martial to a period of confinement for more than six months may be separated from that Reserve’s armed force at any time after the sentence to confinement has become final under chapter 47 of this title and the Reserve has served in confinement for a pe- riod of six months. (Added Pub. L. 104–106, div. A, title V, § 563(a)(2)(A), Feb. 10, 1996, 110 Stat. 325.) CHAPTER 1223—RETIRED PAY FOR NON- REGULAR SERVICE Sec. 12731. Age and service requirements. 12731a. Temporary special retirement qualification authority. 12731b. Special rule for members with physical dis- abilities not incurred in line of duty. 12732. Entitlement to retired pay: computation of years of service.