§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, the President can order members and units of any Reserve component and retired Regular Armed Forces into active Army or Navy service for up to 24 consecutive months, with or without their consent, subject to the limits in section 2 of the Selective Service Act of 1948 (as amended). A person in the inactive or volunteer reserve who served 12 months or more on active duty between December 7, 1941, and September 2, 1945, and who is ordered under this rule, must be released if they complete 17 or more months of active duty since June 25, 1950 and apply to their service Secretary. After that release they cannot be ordered again for more than 30 days without their consent, unless Congress declares war or a national emergency. The Secretary can keep someone longer if their job is found to be critical. The President may keep unit organizations and their equipment (not individual members) on active Federal duty for five consecutive years, and when they leave federal service the units should, as far as possible, be returned to their National Guard or Air National Guard status in their States, Territories, the District of Columbia, and Puerto Rico with their records, flags, histories, and trophies.