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10 U.S.C. § 12313 — Reserves: release from active duty

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 129 words · no verdicts yet

in plain englishAI-generated · not legal advice

Normally, the responsible Secretary can release a reservist from active duty at any time. During a declared war or emergency, release needs board approval or the member's consent to skip it. This rule doesn't apply during troop demobilization or reduction.

(a) Except as this title otherwise provides, the responsible Secretary can release a reservist from active duty at any time. (b) During a war or national emergency declared by Congress or the President after January 1, 1953, a reserve member can only be released from active duty (other than for training) if: (1) a board of officers, convened at the member's request by an official the Secretary designates, recommends the release and that recommendation is approved; (2) the member doesn't request that a board be convened; or (3) the release is otherwise legally authorized. This subsection doesn't apply to an armed force during a period when it's demobilizing or reducing its strength.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2992

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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