Reserves: separation for absence without authority or sentence to imprisonment
About This Law
/us/usc/t10/s12684
Title
10 — Armed Forces
Chapter
STE/PTII/CH1221
Release
119-84
Release Date
2026-04-17
Section Text
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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;
(2) who may be separated under section 12687 of this title by reason of a sentence to confinement adjudged by a court-martial; or
(3) 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.
(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 ProvisionsProvisions similar to those in this section were contained in section 1163(b) of this title, prior to repeal by Pub. L. 103–337, § 1662(i)(2).
Amendments1996—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 DateSection effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
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