§3819 Authority of President to order Reserve components to active service; release from active duty; retention of unit organizations and equipment

Summary

Until July 1, 1953, and subject to the limits in section 2 of the Selective Service Act of 1948, the President may call any or all Reserve members and retired Regular Armed Forces into active duty in the military or Navy for up to 24 consecutive months, with or without their permission. Any inactive or volunteer reservist who served 12 months or more on active duty between December 7, 1941 and September 2, 1945, and who is called up under this rule, must be released if they complete 17 or more months of active duty since June 25, 1950 and ask the Secretary for release; after that, they cannot be ordered again for more than 30 days without their consent except during a war or a national emergency declared by Congress. This release rule does not apply if the Secretary finds the member’s job or specialty is critical and releasing them would harm the service’s efficiency. The President may keep unit organizations and their equipment (not the individual members) on active Federal duty for up to five consecutive years. When National Guard or Air National Guard units are returned from Federal service, they should, as much as practicable, go back to their States, Territories, the District of Columbia, or Puerto Rico with their records, flags, histories, trophies, and other historical items.