Pub. L. 82-476, pt. II, ch. 6, sec. 249

Sec. 249. (a) An officer of the reserve components who has completed three years of commissioned service shall not be involuntarily discharged or separated except pursuant to the approved recommendation of a board of officers convened by competent authority or the approved sentence of a court-martial: Provided. That this subsection shall not apply to separation effected under subsection (b) of this section or section 231 of this Act. (b) The President or the appropriate Secretary may drop from the rolls any member of the reserve components who has been absent without authority from his place of duty for a period of three months or more, or who, having been found guilty by the civil authorities of any offense, is finally sentenced to confinement in a Federal or State penitentiary or correctional institution. (c) A member of a reserve component discharged or separated for cause other than as specified in subsection (b) of this section shall be given a discharge under honorable conditions unless— (1) a discharge under conditions other than honorable is effected pursuant to the approved sentence of a court-martial or the approved findings of a board of officers convened by competent authority, or (2) the member consents to a discharge under conditions other than honorable with waiver of court-martial or board proceedings.