10 U.S.C. § 8386 — Members of the Fleet Reserve and Fleet Marine Corps Reserve: release from active duty
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 147 words · no verdicts yet
The Secretary of the Navy may generally release Fleet Reserve and Fleet Marine Corps Reserve members from active duty at any time. During specified wars or national emergencies, release without consent is allowed only in listed circumstances, and the rule does not apply during demobilization or force reduction.
(a) Except as subsection (b) provides, the Navy Secretary may release a Fleet Reserve or Fleet Marine Corps Reserve member from active duty* at any time. (b) During a war or a national emergency declared by Congress or by the President after January 1, 1953, a member may be released without consent from active duty other than training duty only if: (1) a board of officers convened at the member’s request recommends release and the recommendation is approved; (2) the member does not request a board; or (3) another law authorizes release. This subsection does not apply during demobilization or a reduction in Navy or Marine Corps strength.
Except as provided in subsection (b), 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*.
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, without his consent, may be released from active duty other than from active duty for training only if—
a board of officers convened at his request by an authority designated by the Secretary recommends the release and the recommendation is approved;
the member does not request that a board be convened; or
his release is otherwise authorized by law.
This subsection does not apply during a period of demobilization or reduction in strength of the Navy or the Marine Corps.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 417, § 6486; renumbered § 8386, Pub. L. 115–232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1836
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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