§12313 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary can release a reservist from active duty unless this title says otherwise. In war or a national emergency declared after January 1, 1953, a release (not for training) is allowed only if a board the member asked for recommends and is approved, the member doesn't request a board, or another law allows it.

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.

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