FWIW, from another thread.
other thread..
To: BigKahuna
Here's 10 U.S.C.S. 1162 and 1163.. Both have since been repealed in
1994. Note 1163.
§ 1162. Reserves; discharge
(a) Subject to other provisions of this title [10 USCS §§ 101 et
seq.], reserve commissioned officers may be discharged at the pleasure
of the President. Other Reserves may be discharged under regulations
prescribed by the Secretary concerned.
(b) 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.
10 USCS § 1163 (1992)
§ 1163. Reserve components: members; limitations on separation
(a) An officer of a reserve component who has at least three years of
service as a commissioned officer may not be separated from that
component without his consent except under an approved recommendation
of a board of officers convened by an authority designated by the
Secretary concerned, or by the approved sentence of a court-martial.
This subsection does not apply to a separation under subsection (b) of
this section or under section 1003 of this title [10 USCS § 1003], to
a dismissal under section 1161 (a) of this title [10 USCS § 1161(a)],
or to a transfer under section 3352 or 8352 of this title [10 USCS §
3352 or 8352].
(b) 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, or (2) 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.
(c) A member of a reserve component who is separated therefrom for
cause, except under subsection (b), is entitled to a discharge under
honorable conditions unless--
(1) he is discharged under conditions other than honorable under an
approved sentence of a court-martial or under the approved findings of
a board of officers convened by an authority designated by the
Secretary concerned; or
(2) he consents to a discharge under conditions other than honorable
with a waiver of proceedings of a court-martial or a board.
(d) 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, may not be involuntarily
released from that duty before he becomes eligible for that pay,
unless his release is approved by the Secretary.
456 posted on 10/13/2004 2:05:10 AM PDT by GAGOPSWEEPTOVICTORY
The 'board of officers' referred to could well be the promotion board that passed him over. I should have clarified that in the original post.