Title 10, Armed ForcesRelease 119-102
§8385 Members of the Fleet Reserve and Fleet Marine Corps Reserve: Authority to Recall
Title 10 › Subtitle C — Navy and Marine Corps › PART II — PERSONNEL › CHAPTER 845 — RECALL TO ACTIVE DUTY › § 8385
Summary
Members of the Fleet Reserve or the Fleet Marine Corps Reserve can be ordered back to active duty without their permission in three cases: during a war or a national emergency declared by Congress (they can be recalled for the war and for six months after), during a national emergency declared by the President, or when another law allows it. In peacetime, they may be required to do up to two months of active-duty training in each four-year period.
Full Legal Text
Title 10, §8385
Armed Forces, Source: USLM XML via OLRC
(a)A member of the Fleet Reserve or the Fleet Marine Corps Reserve may be ordered by competent authority to active duty without his consent—
(1)in time of war or national emergency declared by Congress, for the duration of the war or national emergency and for six months thereafter;
(2)in time of national emergency declared by the President; or
(3)when otherwise authorized by law.
(b)In time of peace any member of the Fleet Reserve or the Fleet Marine Corps Reserve may be required to perform not more than two months’ active duty for training in each four-year period.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 648534 U.S.C. 854d (1st 87 words of 2d proviso).
June 25, 1938, ch. 690, § 205 (1st 87 words of 2d proviso), 52 Stat. 1179;
July 9, 1952, ch. 608, § 808, 66 Stat. 508. 34 U.S.C. 854e (less 2d through 5th provisos).
June 25, 1938, ch. 690, § 206 (less 2d through 5th provisos), 52 Stat. 1179; Apr. 25, 1940, ch. 153, 54 Stat. 162. 34 U.S.C. 854 (note).
July 9, 1952, ch. 608, § 803 (3d sentence), 66 Stat. 505. In subsection (a) the words “A member of the Fleet Reserve or the Fleet Marine Corps Reserve” are substituted for the words “That men so transferred to the Fleet Reserve * * * or other provision of law” for clarity. It is clear from the legislative history of the Armed Forces Reserve Act of 1952 that the amendment to the second proviso of 34 U.S.C. 854d made by that Act was intended to cover all members of the Fleet Reserve and Fleet Marine Corps Reserve. In subsection (b) the word “enlisted” is omitted as surplusage since only enlisted members may transfer to the Fleet Reserve and Fleet Marine Corps Reserve. The words “after 16 years’ or more service” are omitted as surplusage since all the members of the Fleet Reserve and Fleet Marine Corps Reserve are in that category. The words “If any member fails to report for the physical examination” are substituted for the words “upon failure * * * of such member to report for inspection” to reflect the true meaning of the section. The words “Under such conditions as may be prescribed by the Secretary of the Navy” are omitted as unnecessary since the authority to order a forfeiture is entirely within the Secretary’s discretion.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 6485 of this title as this section. 1977—Subsec. (b). Pub. L. 95–79 struck out requirements relating to physical examinations for members of the Fleet Reserve and Fleet Marine Corps Reserve.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
Amendments
and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 8385
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102