§ 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:
(2)
A dismissal under section
1161
(a) 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.