PRIA, Government Policy, Made Personal

Summary

The appropriate Secretary may release a Reserve member from active duty at any time, unless another part of this title says otherwise. If the nation is at war or a national emergency was declared by Congress or the President after January 1, 1953, a reserve member may be released (other than for training) only if: (1) a board of officers, convened at the member’s request by an authority the Secretary picks, recommends release and that recommendation is approved; (2) the member does not ask for a board; or (3) another law allows the release. Not applicable during demobilization or force reductions.

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.

This subsection does not apply to an armed force during a period of demobilization or reduction in strength of that armed force.

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.

§12313 Reserves: Release From Active Duty