Title 10 — Armed ForcesRelease 119-73
§12313 Reserves: release from active duty
Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1209— - ACTIVE DUTY › § 12313
Summary
The Secretary may release a reservist from active duty unless this title says otherwise. When declared by Congress or the President after January 1, 1953, a reservist (not for training) may be released only if a requested board approves; no board was requested; or another law permits release.
Full Legal Text
Title 10, §12313
Armed Forces — Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 681(a)681(b)50:967(a).50:967 (less (a)).July 9, 1952, ch. 608, § 239, 66 Stat. 492. 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.
Editorial Notes
Amendments
1994—Pub. L. 103–337 renumbered section 681 of this title as this section.
Reference
Citations & Metadata
Citation
10 U.S.C. § 12313
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73