§ 8385. Members of the Fleet Reserve and Fleet Marine Corps Reserve: authority to recall

439 words·~2 min read·/usc/title-10/section-8385

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A member of the Fleet Reserve or the Fleet Marine Corps Reserve may be ordered by competent authority to active duty without his consent—

(1)in time of war or national emergency declared by Congress, for the duration of the war or national emergency and for six months thereafter;

(2)in time of national emergency declared by the President; or

(3)when otherwise authorized by law.

(b)In time of peace any member of the Fleet Reserve or the Fleet Marine Corps Reserve may be required to perform not more than two months’ active duty for training in each four-year period.

(Aug. 10, 1956, ch. 1041, 70A Stat. 417, § 6485; Pub. L. 95–79, title VIII, § 805, July 30, 1977, 91 Stat. 333; renumbered § 8385, Pub. L. 115–232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)

In subsection

(a)the words “A member of the Fleet Reserve or the Fleet Marine Corps Reserve” are substituted for the words “That men so transferred to the Fleet Reserve * * * or other provision of law” for clarity. It is clear from the legislative history of the Armed Forces Reserve Act of 1952 that the amendment to the second proviso of 34 U.S.C. 854d made by that Act was intended to cover all members of the Fleet Reserve and Fleet Marine Corps Reserve.

In subsection

(b)the word “enlisted” is omitted as surplusage since only enlisted members may transfer to the Fleet Reserve and Fleet Marine Corps Reserve. The words “after 16 years’ or more service” are omitted as surplusage since all the members of the Fleet Reserve and Fleet Marine Corps Reserve are in that category. The words “If any member fails to report for the physical examination” are substituted for the words “upon failure * * * of such member to report for inspection” to reflect the true meaning of the section. The words “Under such conditions as may be prescribed by the Secretary of the Navy” are omitted as unnecessary since the authority to order a forfeiture is entirely within the Secretary’s discretion.

Connections1 cite this · traces to 2

Cited by 1 section

U.S. Code