§ 12313. Reserves: release from active duty

253 words·~1 min read·/usc/title-10/section-12313

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(a)Except as otherwise provided in this title, the Secretary concerned may at any time release a Reserve under his jurisdiction from active duty.

(b)In time of war or of national emergency declared by Congress or the President after January 1, 1953, a member of a reserve component may be released from active duty (other than for training) only if—

(1)a board of officers convened at his request by an authority designated by the Secretary concerned recommends the release and the recommendation is approved;

(2)the member does not request that a board be convened; or

(3)his release is otherwise authorized by law.

This subsection does not apply to an armed force during a period of demobilization or reduction in strength of that armed force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 681; renumbered § 12313, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

In subsection (a), the word “title” is substituted for the word “chapter”. The provisions of this title relating to active duty of Reserves are based on the Armed Forces Reserve Act of 1952. The words “under his jurisdiction” are inserted for clarity. The words “or active duty for training” are omitted as covered by the words “active duty”.

Subsection

(b)is substituted for 50:967(b). Clause

(3)is inserted, since other provisions of law are necessarily exceptions to the general rule here stated.

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U.S. Code

Renumbered § 12313]
§ 681

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Aug. 10, 1956, ch. 1041
70A Stat. 31
Pub. L. 103–337, div. A, title XVI, § 1662(e)(2)
108 Stat. 2992
Pub. L. 103–337

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cites case law

§ 12313

Reserves: release from active duty

U.S.C.§ 681

ActAug. 10, 1956, ch. 1041

Stat.70A Stat. 31

Pub. L.Pub. L. 103–337, div. A, title XVI, § 1662(e)(2)

Stat.108 Stat. 2992

Pub. L.Pub. L. 103–337

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