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To: Steel and Fire and Stone
i have been looking for Section 10 USC 1162, but it was repealed. However, there are some very interesting hits:

COAST GUARD PERSONNEL MANUAL CHAPTER 1.B.

1.B.7. Security Investigations for Original Appointment of Reserve Officers

Selectees must initiate a National Agency Check and sign the following Statement of Understanding before commissioning.

I understand a National Agency Check will be conducted to determine my qualification for commissioning as a United States Coast Guard officer. I understand my commission may be revoked and I may be separated in accordance with 10 U.S.C. 1162 or 14 U.S.C. 281 if it is determined I am not eligible for a secret security clearance.

468 posted on 10/13/2004 10:53:18 AM PDT by antidisestablishment (Our people perish through lack of wisdom, but they are content in their ignorance.)
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To: antidisestablishment

"if it is determined I am not eligible for a secret security clearance."

bump


470 posted on 10/13/2004 10:58:23 AM PDT by AMDG&BVMH
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To: antidisestablishment

Good find, if as posted on another thread they revoked his security clearance he apparently could have been seperated..
here is 1162:

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 Both have since been repealed in 1994.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


471 posted on 10/13/2004 10:59:01 AM PDT by rolling_stone
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