10 U.S.C. § 8386 — Members of the Fleet Reserve and Fleet Marine Corps Reserve: release from active duty

(a) Except as subsection (b) provides, the Secretary of the Navy may, at any time, release any member of the Fleet Reserve or the Fleet Marine Corps Reserve from active duty. (b) In time of war or national emergency declared by Congress, or by the President after January 1, 1953, a member of the Fleet Reserve or the Fleet Marine Corps Reserve may not, without that member's consent, be released from active duty other than active duty for training — unless: (1) a board of officers, convened at the member's request by an authority the Secretary designates, recommends the release, and that recommendation is approved; (2) the member does not request that a board be convened; or (3) the release is otherwise authorized by law. This subsection does not apply during a period when the Navy or the Marine Corps is being demobilized or reduced in strength.