PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2997
- '§ 12641. Standards and procedures: Secretary to prescribe".
(B) The heading of section 12644 (as so redesignated) is amended to read as follows: "§ 12644. Members physically not qualified for active duty: discharge or transfer to retired status". (5) Chapter 51 is amended by striking out the table of sections at the beginning and inserting in lieu thereof the following: "Sec. "1001. Reference to chapter 1219. "§ 1001. Reference to chapter 1219 "Provisions of law relating to standards and procedures for retention and promotion of members of reserve components are set forth in chapter 1219 of this title (beginning with section 12641).". (i) SEPARATION. — (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 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, 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 Regulations. Regulations.
�
