10 USC 12313 - Reserves: release from active duty

U.S Code last checked for updates: Nov 22, 2024

§ 12313.

Reserves: release from active duty

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 31, § 681; renumbered § 12313, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

cite as: 10 USC 12313